State v. Lancaster, 221.

Decision Date14 October 1936
Docket NumberNo. 221.,221.
Citation187 S.E. 802,210 N.C. 584
CourtNorth Carolina Supreme Court
PartiesSTATE. v. LANCASTER.

Appeal from Superior Court, Wayne County; Clawson L. Williams, Judge.

Bert Lancaster was convicted of crimes charged in four indictments, and he appeals from judgments on three of such convictions.

No error.

This is a criminal action in which the defendant was tried on four indictments, which were consolidated by order of the trial court, for purposes of trial. C.S. § 4622, as amended by Pub.Laws 1921, c. 100.

The defendant was convicted of the crime charged in each indictment, and appealed from the judgments on three of said convictions to the Supreme Court, assigning errors in the trial.

J. Faison Thomson, of Goldsboro, for appellant.

A. A. F. Seawell, Atty. Gen., and Harry McMullan, Asst. Atty. Gen., for the State.

PER CURIAM.

The defendant's motions that each of the indictments be quashed, and that judgment on each of the convictions be arrested, on the ground that the indictments were fatally defective, for that it did not appear by an indorsement of the foreman of the grand jury that any person whose name appeared on the back of the bill of indictment as a witness for the state had been sworn and had testified before the grand jury, were properly denied.

The absence of such indorsement was not sufficient to overcome the presumption of the validity of the indictment arising from its return by the grand jury as a "true bill." State v. Lanier, 90 N.C. 714. No evidence was offered by the defendant in support of his motion. State v. Sultan, 142 N.C. 569, 54 S.E. 841, 9 Ann. Cas. 310. The provisions of C.S. § 2336, as amended by Pub. Laws 1929, c. 228 with respect to the duty of the foreman of the grand jury, are directory, and not mandatory. State v. Avant, 202 N.C. 680, 163 S. E. 806.

Defendant's assignments of error based upon exceptions to the charge of the court to the jury cannot be sustained. There was no error in the charge. See State v. Lancaster, 208 N.C. 349, 180 S.E. 577. The judgments are affirmed.

No error.

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7 cases
  • Dunn v. Wilson
    • United States
    • North Carolina Supreme Court
    • 14 Octubre 1936
  • State v. House, 12
    • United States
    • North Carolina Supreme Court
    • 6 Junio 1978
    ...form 'a true bill,' and that being recorded or filed amongst the records of the Court, that makes it effectual." In State v. Lancaster, 210 N.C. 584, 187 S.E. 802 (1936), the defendant contended that the indictment against him should be quashed, and the judgment pursuant to his conviction b......
  • State v. Mitchell
    • United States
    • North Carolina Supreme Court
    • 25 Septiembre 1963
    ...to overcome the presumption of the validity of the indictment arising from its return by the grand jury as 'a true bill.' State v. Lancaster, 210 N.C. 584, 187 S.E. 802; State v. Lanier, 90 N.C. 714. If this omission had been brought to the attention of the trial judge in apt time, it would......
  • State v. Minor
    • United States
    • North Carolina Court of Appeals
    • 17 Diciembre 1975
    ...evidence to rebut the presumption and the assignment of error is overruled. State v. Smith, 261 N.C. 613, 135 S.E.2d 571; State v. Lancaster, 210 N.C. 584, 187 S.E. 802. Defendant's assignments of error based on the alleged illegality of the search of the premises and the automobile are wit......
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