State v. Phillips
| Decision Date | 19 December 1947 |
| Docket Number | No. 722.,722. |
| Citation | 228 N.C. 446,45 S.E.2d 535 |
| Parties | STATE. v. PHILLIPS. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Durham County; Walter J. Bone, Judge.
John Phillips was convicted of receiving money under promise to do some work and failing to perform such work and he appeals.
Judgment arrested.
Criminal prosecution on warrant charging the defendant with unlawfully obtaining $27.81, as money advanced, "under promise to do certain work for Robert Dunn and did then and there fail and refuse to do the work or any part of it with the exception of one day's work".
The case was tried in the Recorder's Court and de novo on defendant's appeal to the Superior Court.
Verdict: "Guilty as charged in the warrant".
Judgment: Thirty days on the roads.
The defendant appeals, assigning errors.
Harry M. McMullan, Atty. Gen, and T. W. Bruton, Hughes J. Rhodes and Ralph M. Moody, Asst. Attys. Gen, for the State.
J. Grover Lee, of Durham, for defendant.
Upon the call of the case here the defendant lodged a motion in arrest of judgment for that it is not alleged the defendant obtained the advances "with intent to cheat or defraud". G.S. § 14-104. The defect is fatal, and it appears on the face of the record. State v. Foster, 228 N.C. 72, 44 S.E.2d 447; State v. Norman, 110 N.C. 484, 14 S.E. 968. The warrant charges no offense.
The motion is well interposed and must be allowed. State v. Morgan, 226 N. C. 414, 38 S.E.2d 166.
Judgment arrested.
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State v. Bissette
...fraud. It is, however, necessary to allege and prove the evil intent when fraud is the foundation for the prosecution. State v. Phillips, 228 N.C. 446, 45 S.E.2d 535; State v. Davenport, 227 N.C. 475, 42 S.E.2d 686; State v. Horton, 199 N.C. 771, 155 S.E. 866; State v. Reed, 196 N.C. 357, 1......
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State v. McAllister
...fraud. It is, however, necessary to allege and prove the evil intent when fraud is the foundation for the prosecution. State v. Phillips, 228 N.C. 446, 45 S.E.2d 535; State v. Davenport, 227 N.C. 475, 42 S.E.2d 686; State v. Horton, 199 N.C. 771, 155 S.E. 866; State v. Reed, 196 N.C. 357, 1......
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State v. Doughtie
...elements of the offense a motion in arrest of judgment will lie. State v. Vanderlip, 225 N.C. 610, 35 S.E.2d 885; State v. Phillips, 228 N.C. 446, 45 S.E.2d 535. Any defect in the process by which a defendant is brought into court may be waived by him by appearing before the court having ju......
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State v. Cochran
...the record is in some respect fatally defective and insufficient to support a judgment. State v. Walker, 87 N.C. 541; State v. Phillips, 228 N.C. 446, 45 S.E.2d 535; State v. Vanderlip, 225 N.C. 610, 35 S.E.2d State v. Chapman, 221 N.C. 157, 19 S.E.2d 250; State v. Foster, 228 N.C. 72, 44 S......