{
  "id": 8550179,
  "name": "STATE OF NORTH CAROLINA v. JERRY CASSADA",
  "name_abbreviation": "State v. Cassada",
  "decision_date": "1969-11-19",
  "docket_number": "No. 6928SC401",
  "first_page": "629",
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    "id": 14983,
    "name": "North Carolina Court of Appeals"
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      "category": "reporters:state_regional",
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    {
      "cite": "226 N.C. 414",
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      "cite": "243 N.C. 100",
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    {
      "cite": "238 N.C. 130",
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      "cite": "148 S.E. 2d 15",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1966,
      "opinion_index": 0
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    {
      "cite": "267 N.C. 212",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "year": 1966,
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    {
      "cite": "75 S.E. 2d 791",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1953,
      "opinion_index": 0
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    {
      "cite": "237 N.C. 675",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8617610
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      "year": 1953,
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  "analysis": {
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  "last_updated": "2023-07-14T21:07:50.917320+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "PARKER and Graham, JJ., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JERRY CASSADA"
    ],
    "opinions": [
      {
        "text": "Campbell, J.\nThe defendant assigns as error the acceptance by the court of a plea of guilty to the felony of receiving stolen goods, knowing them to have been stolen, when he had not been indicted for such an offense and had not waived a bill of indictment.\n\u201cThe crimes of larceny and of receiving stolen goods, knowing them to have been stolen, are separate and distinct offenses. . . .\u201d State v. Brady, 237 N.C. 675, 75 S.E. 2d 791 (1953).\nIn McClure v. State, 267 N.C. 212, 148 S.E. 2d 15 (1966), Chief Justice Parker stated:\n\u201cG.S. 15-137 reads in relevant part: \u2018No person shall be . . . put on trial before any court, but on indictment found by the grand jury, unless otherwise provided by law.\u2019\n\u2018There can be no trial, conviction, or punishment for a crime without a formal and sufficient accusation. In the absence of an accusation the court acquires no jurisdiction whatever, and if it assumes jurisdiction a trial and conviction are a nullity.\u2019 42 C.J.S., Indictments and Informations, \u00a7 1; S. v. Albarty, 238 N.C. 130, 76 S.E. 2d 381; S. v. Strickland, 243 N.C. 100, 89 S.E. 2d 781; S. v. Morgan, 226 N.C. 414, 38 S.E, 2d 166.\u201d\nIn the instant case there was no bill of indictment for the crime of receiving stolen goods and neither was there a waiver of such bill of indictment pursuant to G.S. 15-140.1.\nThe sentence of imprisonment of defendant imposed in the trial court is vacated as a nullity.\nPARKER and Graham, JJ., concur.",
        "type": "majority",
        "author": "Campbell, J."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan and Assistant Attorney General Millard R. Rich, Jr., for the State.",
      "Carl W. Loftin, for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JERRY CASSADA\nNo. 6928SC401\n(Filed 19 November 1969)\nConstitutional Law \u00a7 28; Criminal Law \u00a7 23; Receiving Stolen Goods \u00a7 7\u2014 receiving stolen goods \u2014 guilty plea \u2014 no indictment or waiver of indictment for such offense\nWhere defendant was being tried upon indictments charging him with felonious breaking and entering and felonious larceny, the trial court erred in accepting during trial defendant\u2019s plea of guilty of the felony of receiving stolen goods when defendant had not been indicted for such offense and had not waived a bill of indictment pursuant to G.S. 15-140.1, and the sentence of imprisonment imposed by the court is vacated as a nullity.\nAppeal by defendant from Froneberger, J., March 1969 Criminal Session, BuNCombe County Superior Court.\nThe defendant was indicted for the felonious larceny of various shotguns, rifles and pistols with a total value of $750.00. In the bill of indictment the various items were described. In another bill of indictment the defendant was charged with the felony of breaking and entering. The two charges, one under each bill of indictment, were consolidated for the purpose of trial, and the defendant entered a plea of not guilty to each offense.\nDuring the course of the trial the defendant, through his privately-employed attorney, withdrew the plea of not guilty and tendered a plea of guilty to feloniously receiving stolen merchandise, knowing same to have been stolen. After questioning the defendant as to his understanding of the plea which he tendered, the trial judge determined and adjudicated that the defendant entered his plea of guilty voluntarily, freely, understanding^ and without any undue influence, compulsion, duress or promises of leniency.\nFrom a sentence of not less than five nor more than ten years in the State\u2019s prison, the defendant appealed to this Court. The defendant was found to be an indigent, and an attorney was duly appointed to represent him in his appeal.\nAttorney General Robert Morgan and Assistant Attorney General Millard R. Rich, Jr., for the State.\nCarl W. Loftin, for defendant appellant."
  },
  "file_name": "0629-01",
  "first_page_order": 653,
  "last_page_order": 655
}
