Supreme Court of North Carolina, 1963

State v. Sossamon

State v. Sossamon
Supreme Court of North Carolina · Decided May 1, 1963
259 N.C. 378; 130 S.E.2d 640; 1963 N.C. LEXIS 561

State v. Sossamon

Opinion of the Court

Per Curiam.

For reasons stated in S. v. Sossamon, ante, 374, the warrant on which the judgment of Miarch 31, 1960, is based is fatally defective and therefore insufficient to confer jurisdiction in that it does not allege an essential element of the offense defined in G.S. 20-28(a). See S. v. Jernigan, 255 N.C. 732, 122 S.E. 2d 711. Hence, defendant’s motion in arrest of judgment should have been and now is allowed.

Judgment arrested.

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