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228 N.C. 446

45 S.E.2d 535

State v. Phillips

Supreme Court of North Carolina

Decided December 19, 1947

Supreme Court of North Carolina · decided 1947-12-19

Good law ✅— No negative treatment on recordhow we know

Decided 1947-12-19

How this case has been cited

Cited by 6 later decisions — most recently October 1984

6 state decisions

2019471950196019701980decided

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.

View the full empirical analysis of this case →

Stacy, C. J.

¶1Upon 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.

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

¶3Judgment arrested.

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