State v. McKnight
| Decision Date | 14 November 1928 |
| Docket Number | 371. |
| Citation | 145 S.E. 281,196 N.C. 259 |
| Parties | STATE v. McKNIGHT. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Guilford County; A. M. Stack, Judge.
Everett McKnight was convicted of larceny, and he appeals. Affirmed.
Criminal prosecution, tried upon an indictment charging that the defendant "on the 7th day of April, in the year of our Lord, one thousand nine hundred and twenty-seven with force and arms, at and in the County aforesaid, did unlawfully willfully, feloniously and forcibly assault Harry Moore with a deadly weapon, to wit: a pistol on or near a public highway in said County the said Harry Moore in bodily fear and danger of his life feloniously did put and did unlawfully willfully, forcibly and feloniously did steal, take and carry away $40.00 in good and lawful money the property of the Gulf Refining Company, against the form of the statute in such case made and provided and against the peace and dignity of the State."
Verdict Guilty of larceny.
After conviction, and before judgment, the defendant lodged a motion in arrest of judgment, for that he alleges the indictment is not sufficient to support a verdict of larceny. Overruled and exception. This is the defendant's only exception.
Judgment Imprisonment in the state's prison at hard labor for a term of not less than two and not more than three years.
Defendant appeals, assigning error, in that the court failed to arrest the judgment on motion duly made.
D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
Judgment in a criminal prosecution may be arrested, on motion duly made, when, and only when, some fatal error or defect appears on the face of the record. State v. Lewis, 194 N.C. 620, 140 S.E. 434; State v. Mitchem, 188 N.C. 608, 125 S.E. 190; State v. Efird, 186 N.C. 482, 119 S.E. 881; State v. Jenkins, 164 N.C. 527, 80 S.E. 231; State v. Douglass, 63 N.C. 500; State v. Roberts, 19 N.C. 541. But this would not include a variance between the indictment and the proof, or want of evidence to support the verdict, for they are not matters appearing on the face of the record proper. State v. Jarvis, 129 N.C. 698, 40 S.E. 220; State v. McLain, 104 N.C. 894, 10 S.E. 518; McCanless Canless v. Flinchum, 98 N.C. 358, 4 S.E. 359.
The indictment in the instant case includes, or is sufficient in form to charge, the offense of larceny. C. S. § 4640. Hence the motion in...
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State v. Bittings
...... refusing to set aside the verdict or to arrest the judgment. A judgment in a criminal prosecution may be arrested, on. motion duly made, when, and only when, some fatal error or. defect appears on the face of the record. State v. McKnight, 196 N.C. 259, 145 S.E. 281. The trial seems to. have been conducted in strict conformity to the law, and with. due regard for the rights of the defendant. . . The. intentional killing with a deadly weapon, admitted by the. defendant, raised sufficient presumptions to ......
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State v. Morgan
......81;. State v. Tarlton, 208 N.C. 734, 182 S.E. 481;. State v. Tyson, 208 N.C. 231, 180 S.E. 85; State. v. Cook, 207 N.C. 261, 176 S.E. 757; State v. Lewis, 194 N.C. 620, 140 S.E. 434; State v. Anderson, 196 N.C. 771, 147 S.E. 305; State v. Brady, 177 N.C. 587, 99 S.E. 7; State v. McKnight, 196 N.C. 259, 145 S.E. 281. [38 S.E.2d 168.] . . Under. G.S. s 49-2, the neglect or refusal to support an. illegitimate child must be wilful and it must be so charged. in the warrant or bill of indictment. The omission of such. allegation is fatal. State v. Vanderlip, ......
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State v. Satterfield
...on the face of the record. State v. Bittings, 206 N.C. 798, 175 S.E. 299; State v. Grace, 196 N.C. 280, 145 S.E. 399; State v. McKnight, 196 N.C. 259, 145 S.E. 281; State v. Mitchem, 188 N.C. 608, 125 S.E. 190. A searching investigation of the record leaves us with the impression that the c......
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State v. Vanhoy
...... charges, or either of them, on which he was being tried was. properly overruled. State v. Gentry, 228 N.C. 643,. 46 S.E.2d 863. As no defect appears on the face of the. record, motion in arrest of judgment was also properly. denied. State v. McKnight, 196 N.C. 259, 145 S.E. 281. . . While. the two bills of indictment under which the defendant was. tried contained numerous counts, the general verdict of. guilty as charged in both cases would be presumed to have. been returned on the counts to which the evidence ......