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181 N.C. 584

107 S.E 309

State v. McCollum

Supreme Court of North Carolina

Decided May 18, 1921

Supreme Court of North Carolina · decided 1921-05-18

Appeal by defendant from Bryson, J., at tbe January Term, 1921, of MONTGOMERY. Tbe indictment is for violation of prohibition laws of State, and contains five counts, and tbe case on appeal states tbat defendant was acquitted on all of tbe counts except tbe count wbicb charged receipt of more than a quart within fifteen days, this being tbe fourth count in tbe bill.

Good law ✅— No negative treatment on recordhow we know

Decided 1921-05-18

How this case has been cited

Cited by 11 later decisions — most recently April 1981

10 state decisions

301921193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HoKE, J.

¶1Tbe record shows tbat tbe count on wbicb tbe jury rendered a verdict does not contain tbe name of tbe defendant, or any name whatever. It is very generally held in an indictment consisting of several counts tbat each count should be complete in itself, and tbat in order to this some name should be given tbe defendant. If it is tbe wrong name, or defectively stated, tbe question should ordinarily be raised by plea in abatement or motion to quash, but where no name at all appears in tbe bill or in tbe only count on wbicb a conviction is bad, it is held in this jurisdiction tbat such a charge is fatally defective, and tbe judgment must be arrested. S. v. Anderson Phelps, 65 N. C., 450. And this course should be taken though tbe question is presented for tbe first time in tbe Supreme Court on appeal. S. v. Lumber Co., 109 N. C., 860; S. v. Caldwell, 112 N. C., 854; S. v. Goings, 98 N. C., 766.

¶2This will be certified tbat tbe judgment on tbe present conviction be arrested.

¶3Reversed.

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