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State v. Biller

114 S.E.2d 659, 252 N.C. 783, 1960 N.C. LEXIS 636
CourtSupreme Court of North Carolina
DecidedJune 10, 1960
Docket721
StatusPublished
Cited by9 cases

This text of 114 S.E.2d 659 (State v. Biller) 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. Biller, 114 S.E.2d 659, 252 N.C. 783, 1960 N.C. LEXIS 636 (N.C. 1960).

Opinion

PeR Cuhiam:

Defendants move in Supreme Court in arrest of judgment on the ground that the warrants under which they were tried, convicted and sentenced, are fatally defective in that they did not sufficiently allege that the owner of the property allegedly stolen was either a natural person or a legal entity capable of owning property, citing as authority therefor the case of S. v. Thornton, 251 N.C. 658, 111 S.E. 2d 901.

The Attorney General in response thereto states that before pleading to the warrants the defendants moved to quash the same, and their motion was denied, and they except; and that he is unable to distinguish the instant case from the Thornton case wherein judgment was arrested.

The legal effect of arresting the judgment is to vacate verdict of guilty of larceny as charged and judgment of imprisonment imposed below, and the State, if it so desire, may proceed against defendants upon a sufficient indictment. S. v. Thornton, supra, and cases cited. See also S. v. Rorie, ante.

Judgment arrested.

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State v. McKoy
144 S.E.2d 46 (Supreme Court of North Carolina, 1965)

Cite This Page — Counsel Stack

Bluebook (online)
114 S.E.2d 659, 252 N.C. 783, 1960 N.C. LEXIS 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-biller-nc-1960.