State v. Sanderson
Cases that cite this one
1 later published case cites this decision.
- State v. Thomas (N.C. 1952)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Tbe defendant bas been tried upon a warrant charging bim with a felony, to wit, tbe second offense of manufacturing spirituous liquors. C. S., 3409; S. v. Burnett, 184 N. C., 783, 115 S. E., 57. Eor tbis offense trial may be bad only upon a bill of indictment found by a grand jury. S. v. Hyman, 164 N. C., 411, 79 S. E., 284.
In tbis view of tbe matter tbe defendant’s plea of tbe statute of limitations, C. S., 4512, on tbe misdemeanor count becomes immaterial. S. v. Hedden, 187 N. C., 803, 123 S. E., 65.
"Whether tbe solicitor can now proceed upon tbe bill of indictment, tbe nolle prosequi being without leave, is not before us for decision. S. v. Williams, 151 N. C., 660, 65 S. E., 908.
Tbe motion in arrest of judgment is well taken.
Judgment arrested.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.