State v. Daniel
| Decision Date | 22 November 1961 |
| Docket Number | No. 508,508 |
| Citation | 255 N.C. 717,122 S.E.2d 704 |
| Parties | STATE, v. William Larry DANIEL, and Jerry Mitchum Gulledge. |
| Court | North Carolina Supreme Court |
Atty. Gen. T. W. Bruton and Asst. Atty. Gen. H. Horton Rountree, for the State.
B. W. Blackwelder, Concord, for defendant appellants.
The record does not disclose any challenge to the warrant in the Recorder's Court nor in the Superior Court until after the verdict. G.S. § 20-141.3(b) makes it 'unlawful for any person to operate a motor vehicle on a street or highway wilfully in speed competition with another motor vehicle.' We think there can be no doubt that defendants understood the warrants to charge a violation of this statute. A warrant sufficient to inform a person of the offense with which he is charged and adequate to protect him against further prosecution for that offense is sufficient. G.S. § 15-153; State v. Hammonds, 241 N.C. 226, 85 S.E.2d 133.
Defendants' motion for nonsuit was properly overruled. The evidence was adequate to support the verdict because sufficient to show a prearrangement between defendants to race on the highway, reaching a speed of 55 m. p. h. in a 35 m. p. h. speed zone. The case was submitted to the jury on a charge to which no exception was taken.
No error.
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State v. Penley
...subsequent prosecution for the same offense, it is sufficient. State v. Anderson, 259 N.C. 499, 130 S.E.2d 857 (1963); State v. Daniel, 255 N.C. 717, 122 S.E.2d 704 (1961). An indictment for a statutory offense is sufficient, as a general rule, when it charges the offense in the language of......
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Johnson v. McNeil, 446
...that both were jointly liable for the consequence of the fatal accident. Mason v. Gillikin, 256 N.C. 527, 124 S.E.2d 537; State v. Daniel, 255 N.C. 717, 122 S.E.2d 704; Boykin v. Bennett, 253 N.C. 725, 118 S.E.2d 12. The action was instituted and the verified complaint filed on July 26, 196......