State v. Sossamon
259 N.C. 378 | N.C. | 1963
For reasons stated in S. v. Sossamon, ante, 374, the warrant on which the judgment of Miarch 31, 1960, is based is fatally defective and therefore insufficient to confer jurisdiction in that it does not allege an essential element of the offense defined in G.S. 20-28(a). See S. v. Jernigan, 255 N.C. 732, 122 S.E. 2d 711. Hence, defendant’s motion in arrest of judgment should have been and now is allowed.
Judgment arrested.
