State v. Alston

Supreme Court of North Carolina

State v. Alston

72 S.E.2d 686, 236 N.C. 299, 1952 N.C. LEXIS 543

CourtSupreme Court of North Carolina

DecidedOctober 8, 1952

Docket222

StatusPublished

Cited by2 cases

This text of 72 S.E.2d 686 (State v. Alston) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Alston, 72 S.E.2d 686, 236 N.C. 299, 1952 N.C. LEXIS 543 (N.C. 1952).

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Opinion

Pee Cueiam..

The record indicates that the judgment was pronounced and entered without warrant or indictment, or waiver thereof (Gr.S. 15-140), and without arraignment, plea, or the intervention of a jury. It necessarily follows, then, that the judgment is void. This is conceded by the State. The judgment will be vacated and set aside. Of course, the Solicitor may send a bill, if so advised.

Eeversed.

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Pee Cueiam..

The record indicates that the judgment was pronounced and entered without warrant or indictment, or waiver thereof (Gr.S. 15-140), and without arraignment, plea, or the intervention of a jury. It necessarily follows, then, that the judgment is void. This is conceded by the State. The judgment will be vacated and set aside. Of course, the Solicitor may send a bill, if so advised.

Eeversed.

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Bluebook (online)

72 S.E.2d 686, 236 N.C. 299, 1952 N.C. LEXIS 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-alston-nc-1952.

Opinion

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