State v. Daniel

Court of Appeals of North Carolina

State v. Daniel

198 S.E.2d 464, 19 N.C. App. 313, 1973 N.C. App. LEXIS 1641

CourtCourt of Appeals of North Carolina

DecidedAugust 29, 1973

Docket7315SC564

StatusPublished

Cited by1 cases

This text of 198 S.E.2d 464 (State v. Daniel) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Daniel, 198 S.E.2d 464, 19 N.C. App. 313, 1973 N.C. App. LEXIS 1641 (N.C. Ct. App. 1973).

Pincite

Opinion

VAUGHN, Judge.

At trial defendant signed what purports to be a waiver of indictment and was sentenced on an information filed by the solicitor. He was not represented by counsel. In non-capital felony cases a defendant may waive a bill of indictment only when represented by counsel and when both defendant and his counsel sign a written waiver of indictment. G.S. 15-140.1. State v. Hayes, 261 N.C. 648, 135 S.E. 2d 653.

Defendant’s waiver of the bill of indictment is set aside; his plea of guilty and the judgment pronounced thereon are vacated. The State may prosecute defendant on a bill of indictment or proper waiver thereof if it so elects, otherwise defendant will be discharged. State v. Hayes, supra.

The cause is remanded to the Superior Court of Orange County for proceedings consistent with this opinion.

Vacated and remanded.

Judges Campbell and Hedrick concur.

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