STATE v. ROACH

The Court will quash an indictment when it is plain no judgment can be rendered in case of a conviction, as where no day is stated as that on which the offense was committed.

PER CURIAM:

The defect which is pointed out would be fatal upon a motion in arrest of judgment; and though it is true, as has been argued, that the Court has a discretion to quash or not, still it will quash where it is plain no judgment could be given in case of a conviction. Therefore, let this indictment be quashed; but the defendant shall not be discharged, but must be bound over to another term to answer the charge.

NOTE. — On the subject of quashing indictments, see S. v. Jeffreys, 1 N.C. 528; S. v. Fellows, ante, 340; S. v. Smith, 5 N.C. 213; S. v. Baldwin, 18 N.C. 195; S. v. Roberts, 19 N.C.; S. v. Buchanan, 23 N.C.

Cited: S. v. Benthall, 82 N.C. 667; S. v. Harwell, 129 N.C. 552.