State v. . Caudle and Others
This text of 63 N.C. 30 (State v. . Caudle and Others) 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.
Opinion
The only ground upon which the motion in arrest of the judgment in this case is based, is expressly removed by the Act, Rev. Code, c. 35, s. 20. Among the omissions in an indictment, which by force of that section cannot be made available in arrest of judgment after a verdict, is that of not stating “ the time at which - the offense was committed, in any case where time is not of the essence *31 of tbe offense.” It cannot be insisted that time is of the essence of the offense of Forcible Trespass.
There is no error, and it must be certified as the law directs.
Peb CuRiAM. No error.
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63 N.C. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-caudle-and-others-nc-1868.