{
  "id": 8548080,
  "name": "STATE OF NORTH CAROLINA v. KENT HADLOCK",
  "name_abbreviation": "State v. Hadlock",
  "decision_date": "1977-10-05",
  "docket_number": "No. 7729SC193",
  "first_page": "226",
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    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name": "N.C."
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      "category": "reporters:state_regional",
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      "cite": "238 N.C. 392",
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      "reporter": "N.C.",
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      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1956,
      "opinion_index": 0
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    {
      "cite": "244 N.C. 53",
      "category": "reporters:state",
      "reporter": "N.C.",
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    {
      "cite": "146 S.E. 2d 418",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1966,
      "opinion_index": 0
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    {
      "cite": "266 N.C. 528",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8561409
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      "year": 1966,
      "opinion_index": 0,
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  "last_updated": "2023-07-14T20:28:15.830309+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges MORRIS and CLARK concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. KENT HADLOCK"
    ],
    "opinions": [
      {
        "text": "PARKER, Judge.\nDefendant was found guilty of violating G.S. 14-100. The indictment charged that the offense occurred on or about 3 February 1976. Effective 1 October 1975 G.S. 14-100 was rewritten to provide that \u201c[i]f any person shall knowingly and designedly by means of any kind of false pretense whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or. event, obtain or attempt to obtain from any person within this State any money, goods, property, services, chose in action, or other thing of value with intent to cheat or defraud any person of such money, goods, property, services, chose in action or other thing of value, such person shall be guilty of a felony . . . (Emphasis added.) An essential element of the offense proscribed by the statute is that the accused \u201cobtain or attempt to obtain\u201d something of value by means of any kind of false pretense. The indictment in the present case failed to allege that defendant obtained or attempted to obtain anything. The allegation that \u201c[b]ased upon representation that the land was clear, Hubert G. Bryson conveyed property valued at $35,000.00 known as Mill Hill Grocery described in Book 198 Page 685\u201d falls short of alleging that defendant obtained or attempted to obtain anything.\nFor failure of the indictment to charge an essential element of the offense, this Court on its own motion will arrest the judgment. State v. Fowler, 266 N.C. 528, 146 S.E. 2d 418 (1966); State v. Lucas, 244 N.C. 53, 92 S.E. 2d 401 (1956); State v. Thorne, 238 N.C. 392, 78 S.E. 2d 140 (1953); 4 Strong\u2019s N.C. Index 3rd, Criminal Law \u00a7 127.2. The legal effect of arrest of judgment is to vacate the verdict and judgment entered in the Superior Court in this case. State v. Covington, 267 N.C. 292, 148 S.E. 2d 138 (1966); State v. Fowler, supra.\nJudgment arrested.\nJudges MORRIS and CLARK concur.",
        "type": "majority",
        "author": "PARKER, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten by Assistant Attorney General Elizabeth C. Bunting for the State.",
      "Max O. Cogburn for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. KENT HADLOCK\nNo. 7729SC193\n(Filed 5 October 1977)\nFalse Pretense \u00a7 2.2\u2014 insufficiency of indictment to charge offense\nAn indictment which purportedly charged defendant with a violation of G.S. 14-100 was insufficient to charge a crime where it did not allege that defendant obtained or attempted to obtain anything.\nAPPEAL by defendant from Griffin, Judge. Judgment entered 14 October 1976 in Superior Court, TRANSYLVANIA County. Heard in the Court of Appeals 28 June 1977.\nDefendant was tried on his plea of not guilty to the charge contained in the following bill of indictment:\nState of North Carolina County of Transylvania\nIn The General Court of Justice, Superior Court Division\nThe State of North Carolina vs. Kent Hadlock Defendant\nThe jurors for the State upon their oath present that on or about the 3rd day of February, 1976, in Transylvania County Kent Hadlock (MLL) unlawfully and wilfully did feloniously, knowingly and designedly and with false pretense made with the intent to deceive and which did deceive Hubert G. Bryson by representing to said Hubert G. Bryson that a tract of land of 19.2 acres described in Deed Book 200 at page 97 was free and clear of all encumbrances when in truth and fact the property was covered by a Deed of Trust in Deed Book 89 at Page 369 and a Deed of Trust in Book 91 at Page 362. Based upon representation that the land was clear, Hubert G. Bryson conveyed property valued at $35,000.00 known as Mill Hill Grocery described in Book 198 Page 685.\ns/M. L. Lowe\nDistrict Attorney\nThe jury found defendant guilty, and from judgment imposing a suspended sentence, defendant appealed.\nAttorney General Edmisten by Assistant Attorney General Elizabeth C. Bunting for the State.\nMax O. Cogburn for defendant appellant."
  },
  "file_name": "0226-01",
  "first_page_order": 254,
  "last_page_order": 256
}