State v. McCollum
| Decision Date | 18 May 1921 |
| Docket Number | 466. |
| Parties | STATE v. MCCOLLUM. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Montgomery County; Bryson, Judge.
E. B. McCollum was convicted of violating the prohibitory law, and he appeals. Reversed.
The indictment is for violation of prohibition laws of state, and contains five counts, and the case on appeal states that defendant was acquitted on all of the counts except the count which charged receipt of more than a quart within 15 days, this being the fourth count in the bill. There was judgment that defendant be imprisoned for nine months, and assigned to work on the roads of Rowan county.
In an indictment consisting of several counts, each count should be complete in itself, and for that reason some name should be given the defendant.
R. T. Poole, of Troy, for appellant.
Attorney General James S. Manning and Assistant Attorney General Frank Nash, for the State.
The record shows that the count on which the jury rendered a verdict does not contain the name of the defendant or any name whatever. It is very generally held, in an indictment consisting of several counts, that each count should be complete in itself, and that in order to this some name should be given the defendant. If it is the wrong name, or defectively stated, the question should ordinarily be raised by plea in abatement or motion to quash, but where no name at all appears in the bill or in the only count on which a conviction is had, it is held in this jurisdiction that such a charge is fatally defective, and the judgment must be arrested. State v. Anderson Phelps, 65 N.C. 450. And this course should be taken though the question is presented for the first time in the Supreme Court on appeal. State v. Roanoke R. R., 109 N.C. 860, 13 S.E. 719; State v. Caldwell, 112 N.C. 854, 16 S. E. 1010; State v. Goings, 98 N.C. 766, 4 S.E. 121.
This will be certified that the judgment on the present conviction be arrested.
Reversed.
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State v. Russell
...bill of indictment is fatally defective, in that the names of the defendants are not repeated in charging the Scienter. State v. McCollum, 181 N.C. 584, 107 S.E. 309; State v. May, 132 N.C. 1020, 43 S.E. 819; State v. Phelps, 65 N.C. 450. This is a refinement which the act of 1811, now C.S.......
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State v. Whitley
... ... Hester, 122 N.C. 1047, 29 S.E ... The ... next position taken by the defendants is that the second ... count in the bill of indictment is fatally defective, in that ... the names of the defendants are not repeated in charging the ... scienter. State v. McCollum, 181 N.C. 584, 107 S.E ... 309; State v. May, 132 N.C. 1020, 43 S.E. 819; ... State v. Phelps, 65 N.C. 450. This is a refinement ... which the act of 1811, now C. S. § 4623, sought to remedy ... State v. Parker, 81 N.C. 531. It provides against ... quashal for informality if the charge be ... ...
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State v. Simpson
...and the omission of his name, or a sufficient description if his name is unknown, is a fatal and incurable defect. State v. McCollum, 181 N.C. 584, 107 S.E. 309 (1921); State v. Phelps, 65 N.C. 450 In McCollum, the record showed that the bill of indictment contained five counts. Defendant w......
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State v. Camel
... ... G.S. s 15-153; ... State v. Howley, 220 N.C. 113, 16 S.E.2d 705 ... As to ... the second count in the warrant, it is obvious that the ... failure to name the person charged renders it insufficient to ... support verdict and judgment on that count. State v ... McCollum, 181 N.C. 584, 107 S.E. 309; State v ... May, 132 N.C. 1020, 43 S.E. 819; State v ... Phelps, 65 N.C. 450. Apparently the jury by the verdict ... of guilty of unlawful possession, and also of keeping liquor ... for sale, found the defendant guilty on both the first and ... second counts ... ...