Supreme Court of North Carolina, 1947

State v. Phillips

Supreme Court of North Carolina · Decided December 19, 1947 · Stacy

228 N.C. 446

Cases that cite this one

6 later published cases cite this decision.

State v. Hopkins (N.C. Ct. App. 1984)
State v. Hines (N.C. Ct. App. 1981)
State v. Moore (N.C. Ct. App. 1978)
State v. McAllister (N.C. 1975)
State v. Bissette (N.C. 1959)
State v. Doughtie (N.C. 1953)

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

Stacy, C. J.

Upon tbe call of tbe case here tbe defendant lodged a motion in arrest of judgment for that it is not alleged tbe defendant *447obtained tbe advances “witb intent to cheat or defraud.” G. S.¿ 14-104. Tbe defect is fatal, and it appears on tbe face of tbe record. S. v. Foster, ante, 72; S. v. Norman, 110 N. C., 484, 14 S. E., 968. Tbe warrant charges no offense.

Tbe motion is well interposed and must be allowed. S. v. Morgan, 226 N. C., 414, 38 S. E. (2d), 166.

Judgment arrested.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.