State v. Clough

• Decision Date: 22 May 1946
• Docket Number: 652
• Citation: 38 S.E.2d 193,226 N.C. 384
• Parties: STATE v. CLOUGH.
• Court: North Carolina Supreme Court

38 S.E.2d 193

226 N.C. 384

STATE v. CLOUGH.

No. 652

Supreme Court of North Carolina

May 22, 1946

Criminal prosecution on charge of issuing checks in violation of the worthless check statute. G.S. s 14-107.

The Attorney General moved to dismiss for the reasons set forth in written motion filed.

Harry M. McMullan, Atty. Gen., and Hughes J. Rhodes, Ralph M. Moody, and J. E. Tucker, Asst. Attys. Gen., for the State.

Paul R. Raper, of Lexington, for defendant-appellant.

PER CURIAM.

The organization of the court below is not made to appear. State v. Golden, 203 N.C. 440, 166 S.E. 311; State v. McLamb, 214 N.C. 322, 199 S.E. 81. No bill of indictment or trial in an inferior court from which defendant appealed, vesting the Superior Court with jurisdiction, is disclosed. State v. Patterson, 222 N.C. 179, 22 S.E.2d 267. There is no verdict in the record. Riggan v. Harrison, 203 N.C. 191, 165 S.E. 358; State v. Golden, supra. The motion of the Attorney General to dismiss must be allowed.

Appeal dismissed.