STATE v. PERRY

No. 435.

84 S.E.2d 329 (1954)

241 N.C. 119

STATE v. Ransome PERRY.

Supreme Court of North Carolina.

November 10, 1954.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and William P. Mayo, Washington, Member of Staff, for the State.

Taylor & Mitchell, Raleigh, for defendant appellant.


PER CURIAM.

Since the charge in the warrant "must be supported by the facts as they existed at the time it was formally laid in the Court, and cannot be supported by evidence of wilful failure supervening between the time the charge was made and the time of the trial—at least when the trial is had— as it was here, upon the original warrant", State v. Summerlin, 224 N.C. 178, 29 S.E.2d 462, 464, pertinent evidence in this respect offered upon trial of...

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