61 N.C. 20
Supreme Court of North Carolina
Decided June 5, 1866
Supreme Court of North Carolina · decided 1866-06-05
<p>If, pending an appeal in a criminal' case, the statute authorizing the indictment is repealed, judgment will he arrested.</p>
Cited by 2 later decisions — most recently August 1974
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1866-06-05
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¶1 Since the trial of the defendant in the court below, the statute under which he was convicted has been repealed. The repealing statute- does not except from its *21 operation offences already committed. The appeal vacates the judgment, and there is now no law under which judgment can be pronounced against the defendant.
¶2 Judgment must therefore be arrested.
¶3 Per Curiam. Judgment arrested.