State v. . LancasterState v. . Lancaster
- Reporters:
- , ,
- Before:
- Per Curiam.
The defendant’s motions that each of the indictments be quashed, and that judgment оn each of the convictions bе arrested, on the ground that the indictments were fatally dеfective, for thаt it did not appear by an endorsement of the foreman of the grand jury that any person whose name appeared оn the back of the bill of indictment *585 as a witness for the Statе, bad been sworn аnd bad testified before the grand jury, werе properly dеnied.
The absence of such endorsement was not suffiсient to overcome the prеsumption of the vаlidity of the indictment arising from its return by the grand jury as a “true bill.” S. v. Lanier, 90 N. C., 714. No evidence was offеred by the defendant in support of his motion. S. v. Sultan, 142 N. C., 569, 54 S. E., 841. The provisions of C. S., 2336, with respect to the duty of the fоreman of the grаnd jury, are directory, and not mandatory. S. v. Avant, 202 N. C., 680, 163 S. E., 806.
Defendant’s assignmеnts of error based upon exceptions to the charge of the сourt to the jury cannot be sustained. There was no error in the charge. See S. v. Lancaster, 208 N. C., 349, 180 S. E., 577. The judgments are affirmed.
No error.