{
  "id": 8553173,
  "name": "STATE OF NORTH CAROLINA v. JAMES EDWARD HORTON",
  "name_abbreviation": "State v. Horton",
  "decision_date": "1972-08-02",
  "docket_number": "No. 7215SC513",
  "first_page": "604",
  "last_page": "605",
  "citations": [
    {
      "type": "official",
      "cite": "15 N.C. App. 604"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "185 S.E. 2d 147",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "280 N.C. 167",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8570300
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/280/0167-01"
      ]
    }
  ],
  "analysis": {
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    "ocr_confidence": 0.53,
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    "sha256": "982c319ec2f21b6be401004ebb9220ff0355d39df83f8c2f7b37e846d74de30f",
    "simhash": "1:02d611ece8b564ad",
    "word_count": 386
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  "last_updated": "2023-07-14T17:26:51.335715+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Morris and Hedrick concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES EDWARD HORTON"
    ],
    "opinions": [
      {
        "text": "BROCK, Judge.\nDefendant challenges the sufficiency of the second count in each of the two bills of indictment. The second count in each bill fails to allege the name of the purchaser at the sale allegedly made by defendant. Upon the authority of State v. Bennett, 280 N.C. 167, 185 S.E. 2d 147, defendant\u2019s assignment of error is sustained.\nAlthough the second count in each bill of indictment should be quashed for insufficiency, the judgment entered should not be arrested. The two sufficient counts were consolidated with the two insufficient counts for judgment. Either one of the two sufficient counts, upon defendant\u2019s pleas of guilty, supports the judgment entered. Therefore, the judgment entered will not be disturbed.\nAffirmed.\nJudges Morris and Hedrick concur.",
        "type": "majority",
        "author": "BROCK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan by Assistant Attorney General Cole for the State.",
      "Rex T. Savery, Jr., for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES EDWARD HORTON\nNo. 7215SC513\n(Filed 2 August 1972)\nNarcotics \u00a7 2 \u2014 sale of LSD \u2014 indictment \u2014 name of purchaser \u2014 possession of LSD \u2014 sufficiency of indictment\nThough the second count charging sale of LSD in each of two bills of indictment should be quashed for insufficiency where it failed to allege the name of the purchaser at the sale allegedly made by defendant, the first count of each bill charging possession of LSD was sufficient, upon defendant\u2019s plea of guilty, to support the judgment entered.\nOn certiorari to review defendant\u2019s trial before Copeland, Judge, 3 January 1972 Session of Superior Court held in Orange County.\nDefendant was charged in two bills of indictment, each charging (1) possession of a quantity of tablets of lysergic acid diethylamide (commonly known as LSD), and (2) the sale thereof. The charges against defendant grew out of the work of an undercover agent for the police in the town of Chapel Hill.\nDefendant tendered pleas of guilty to the two counts in each of the two bills of indictment. He was represented by court appointed counsel and was found by the trial judge, upon competent evidence, to have freely and voluntarily tendered the guilty pleas before they were allowed to be entered.\nAfter hearing the State\u2019s evidence, the trial judge consolidated the four counts for judgment, and adjudged that defendant be imprisoned for a term of not less than two nor more than three years.\nDefendant appealed.\nAttorney General Morgan by Assistant Attorney General Cole for the State.\nRex T. Savery, Jr., for defendant."
  },
  "file_name": "0604-01",
  "first_page_order": 628,
  "last_page_order": 629
}