State v. Biller, 721
| Decision Date | 10 June 1960 |
| Docket Number | No. 721,721 |
| Citation | 114 S.E.2d 659,252 N.C. 783 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. Bill BILLER, Vernon Jackson Lloyd and Larry Brooks Holt. |
Atty. Gen. T. W. Bruton, Asst. Atty. Gen., Glenn L. Hooper, Jr., for the State.
Dalton H. Loftin, Hillsboro, for defendants appellants.
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 State v. Thornton, 251 N.C. 658, 111 S.E.2d 901.
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.
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. State v. Thornton, supra, and cases cited. See also State v. Rorie, 252 N.C. 579, 114 S.E.2d 233.
Judgment arrested.
To continue reading
Request your trial
-
Keels v. Turner
...entity); State v. Thompson, 6 N.C.App. 64, 169 S.E.2d 241 (1969) ("Belks Department Store" not a corporate entity); State v. Biller, 252 N.C. 783, 114 S.E.2d 659 (1960) ("U-Wash It, in Chapel Hill" not a legal entity). In the instant case, however, the contract of sale used only "Homestead ......
-
State v. Brown
...or partnership, and that "`Belk's Department Store' certainly does not suggest a natural person"); State v. Biller, 252 N.C. 783, 783-84, 114 S.E.2d 659, 659-60 (1960) (arresting judgment after holding that the indictment, which described the stolen property's owner as, "U-Wash-It, in Chape......
-
State v. Covington, 665
...respect to the charge of a violation of G.S. § 20--105. State v. Williams, 253 N.C. 337, 117 S.E.2d 444, 92 A.L.R.2d 513; State v. Biller, 252 N.C. 783, 114 S.E.2d 659. The result is this: As to defendant Covington, revocation of probation and activation of sentence of imprisonment affirmed......
-
State v. Wooten
...of the crime of larceny, therefore, the rule applicable to larceny applies to shoplifting. Defendant relies on State v. Biller, 252 N.C. 783, 114 S.E.2d 659 (1960), and State v. Thompson, 6 N.C.App. 64, 169 S.E.2d 241 (1969), in which cases the Supreme Court and this court declared that a w......