State v. Alston
| Decision Date | 08 October 1952 |
| Docket Number | No. 222,222 |
| Citation | 236 N.C. 299,72 S.E.2d 686 |
| Parties | STATE, v. ALSTON. |
| Court | North Carolina Supreme Court |
Harry McMullan, Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.
H. F. Seawell, Jr., Carthage, and J. W. Hoyle, Sanford, for defendant, appellant.
The record indicates that the judgment was pronounced and entered without warrant or indictment, or waiver thereof, G.S. § 15-140, and without arraignment, plea, or the intervention of a jury. It necessarily follows, then, that the judgment is void. This is conceded by the State. The judgment will be vacated and set aside. Of course, the Solicitor may send a bill, if so advised.
Reversed.
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4 cases
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Garrett v. Rose
... ... sought to be stricken from an answer is whether such allegations, either in themselves or in connection with other averments, tend to state a defense or a counterclaim. If they do, they are not irrelevant, and ought not to be expunged. Hill v. Stansbury, 221 N.C. 339, 20 S.E.2d 308; ... ...
- Keith v. Silvia
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State v. Jernigan, 577
...plea by defendant to such an offense, or the intervention of a jury. Speaking directly to such a point, this Court said in State v. Alston, 236 N.C. 299, 72 S.E.2d 686: 'The record indicates that the judgment was pronounced and entered without warrant or indictment, or waiver thereof, G.S. ......
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Hutson v. Com., No. 2002-CA-001603-MR.
... ... See White v. People, 79 Colo. 261, 245 P. 349 (Colo.1926); Burkus v. State, 204 Ind. 467, 184 N.E. 409 (Ind.1933); State v. Alston, ... 236 N.C. 299, 72 S.E.2d 686 (N.C.1952); Fuller v. State, 70 Okla.Crim. 408, 106 P.2d 832 ... ...