State v. . Williams

24 S.E.2d 256, 222 N.C. 609, 1943 N.C. LEXIS 386

Opinion

Per Curiam.

The judgment heretofore entered in this cause upholding the conviction and judgments entered at the February-March Term, Caldwell Superior Court, reported in 220 N. C., 445, 17 S. E. (2d), 769, will be vacated or set aside, and the cause remanded for a new trial in accordance with the opinion of the Supreme Court of the United States, rendered 21 December, 1942, on certiorari to this Court. See O. B. Williams and Lillie Shaver Hendrix, petitioners, v. State of North Carolina, 317 U. S., ... , 87 L. Ed., 189, decided 21 December, 1942. Accordingly, the defendants will recover their costs incurred in the Supreme Court of the United States, and the costs heretofore assessed in this Court will be retaxed.

Judgment vacated; new trial ordered.