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252 N.C. 783

114 S.E.2d 659

State v. Biller

Supreme Court of North Carolina

Decided June 10, 1960

Supreme Court of North Carolina · decided 1960-06-10

Relies on State v. Thornton

Good law ✅— No negative treatment on recordhow we know

Decided 1960-06-10

How this case has been cited

Cited by 18 later decisions — most recently July 2007

18 state decisions

6019601970198019902000decided

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 →

PeR Cuhiam:

¶1 Defendants move in Supreme Court in arrest of judgment on the ground that the warrants under which they were tried, convicted and sentenced, are fatally defective in that they did not sufficiently allege that the owner of the property allegedly stolen was either a natural person or a legal entity capable of owning property, citing as authority therefor the case of S. v. Thornton, 251 N.C. 658, 111 S.E. 2d 901.

¶2 The Attorney General in response thereto states that before pleading to the warrants the defendants moved to quash the same, and their motion was denied, and they except; and that he is unable to distinguish the instant case from the Thornton case wherein judgment was arrested.

¶3 The legal effect of arresting the judgment is to vacate verdict of guilty of larceny as charged and judgment of imprisonment imposed below, and the State, if it so desire, may proceed against defendants upon a sufficient indictment. S. v. Thornton, supra, and cases cited. See also S. v. Rorie, ante.

¶4 Judgment arrested.

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