State v. Roach.

3 N.C. 352

Opinion

Per curiam,

after argument. — The defect which is pointed out,would be fatal upon a motion in arrest of judgement; and though it is true as has been argued, that the court has a discretion to quash or not, still it will quash where it is plain no judgment could be given in case oí a convienen: — Therefore let this indictment be quashed, but the defendant shad not be discharged, but must be bound over to another term to answer the charge.