{
  "id": 8552902,
  "name": "STATE OF NORTH CAROLINA v. JAMES ELLIE DANIEL",
  "name_abbreviation": "State v. Daniel",
  "decision_date": "1973-08-29",
  "docket_number": "No. 7315SC564",
  "first_page": "313",
  "last_page": "314",
  "citations": [
    {
      "type": "official",
      "cite": "19 N.C. App. 313"
    }
  ],
  "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": "135 S.E. 2d 653",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "261 N.C. 648",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8575142
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/261/0648-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "501c05b5f71da42cba3c01391a612673f5ce1900c35b67b9d79e89e0e464463a",
    "simhash": "1:9383661491d53f4a",
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  "last_updated": "2023-07-14T21:32:34.966448+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Campbell and Hedrick concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES ELLIE DANIEL"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nAt trial defendant signed what purports to be a waiver of indictment and was sentenced on an information filed by the solicitor. He was not represented by counsel. In non-capital felony cases a defendant may waive a bill of indictment only when represented by counsel and when both defendant and his counsel sign a written waiver of indictment. G.S. 15-140.1. State v. Hayes, 261 N.C. 648, 135 S.E. 2d 653.\nDefendant\u2019s waiver of the bill of indictment is set aside; his plea of guilty and the judgment pronounced thereon are vacated. The State may prosecute defendant on a bill of indictment or proper waiver thereof if it so elects, otherwise defendant will be discharged. State v. Hayes, supra.\nThe cause is remanded to the Superior Court of Orange County for proceedings consistent with this opinion.\nVacated and remanded.\nJudges Campbell and Hedrick concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by John R. B. Matthis, Assistant Attorney General, for the State.",
      "Manning, Allen & Hudson by Marcus Hudson for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES ELLIE DANIEL\nNo. 7315SC564\n(Filed 29 August 1973)\nConstitutional Law \u00a7 28 \u2014 waiver of indictment by defendant without counsel\nDefendant\u2019s waiver of the bill of indictment against him is set aside and his plea of guilty and judgment pronounced thereon are vacated where defendant signed a waiver of indictment and was sentenced on an information filed by the solicitor when he was not represented by counsel. G.S. 15-140.1.\nOn certiorari from an order of Cooper, Judge, on 6 December 1972 denying post-conviction review of a trial before Bailey, Judge, 14 May 1972 Session of Superior Court held in Orange County.\nDefendant waived his right to counsel and entered a plea of guilty to the felony of bigamy. Judgment was entered imposing a prison sentence.\nAttorney General Robert Morgan by John R. B. Matthis, Assistant Attorney General, for the State.\nManning, Allen & Hudson by Marcus Hudson for defendant appellant."
  },
  "file_name": "0313-01",
  "first_page_order": 337,
  "last_page_order": 338
}