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237 N.C. 439

State v. Brown

Supreme Court of North Carolina

Decided March 25, 1953

Supreme Court of North Carolina · decided 1953-03-25

Relies on State v. . McKeon · State v. . Ray

Decided 1953-03-25

Pee Ctjbiam.

¶1There is nothing on tbe record before us to indicate any vagueness or irregularity by tbe grand jury in returning tbe bill of indictment as “A True Bill.” Moreover, where a defendant is charged with a felony and pleads guilty to a misdemeanor, bis motion in arrest' of judgment for defect in the indictment charging tbe felony cannot be sustained. Tbe sentence in such cases is based upon the defendant’s voluntary plea and not upon tbe indictment for a felony. S. v. Ray, 212 N.C. 748, 194 S.E. 472; S. v. McKeon, 223 N.C. 404, 26 S.E. 2d 914.

¶2Tbe judgment below is

¶3Affirmed.

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