Supreme Court of North Carolina, 1947

State v. Phillips

State v. Phillips
Supreme Court of North Carolina · Decided December 19, 1947 · Stacy
228 N.C. 446

State v. Phillips

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.

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