Supreme Court of North Carolina, 1952

State v. Alston

State v. Alston
Supreme Court of North Carolina · Decided October 8, 1952 · Per Curiam
72 S.E.2d 686; 236 N.C. 299; 1952 N.C. LEXIS 543 (South Eastern Reporter, Second Series)

State v. Alston

Opinion

Pee Cueiam..

The record indicates that the judgment was pronounced and entered without warrant or indictment, or waiver thereof (Gr.S. 15-140), and without arraignment, plea, or the intervention of a jury. It necessarily follows, then, that the judgment is void. This is conceded by the State. The judgment will be vacated and set aside. Of course, the Solicitor may send a bill, if so advised.

Eeversed.

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