{
  "id": 8552905,
  "name": "STATE OF NORTH CAROLINA v. SAFFO JACOBS",
  "name_abbreviation": "State v. Jacobs",
  "decision_date": "1970-10-21",
  "docket_number": "No. 7016SC530",
  "first_page": "597",
  "last_page": "599",
  "citations": [
    {
      "type": "official",
      "cite": "9 N.C. App. 597"
    }
  ],
  "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": "62 S.E. 2d 515",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "233 N.C. 76",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8598450
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/233/0076-01"
      ]
    },
    {
      "cite": "93 S.E. 919",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "174 N.C. 809",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11255995
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/174/0809-01"
      ]
    }
  ],
  "analysis": {
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    "pagerank": {
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    "sha256": "b3bcddcf76dfb4998cc77c4c7244e152f24412e79e0b829cee8a3a58fa35fabb",
    "simhash": "1:4f63264252684f6d",
    "word_count": 556
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  "last_updated": "2023-07-14T14:50:15.842675+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Campbell and Britt concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. SAFFO JACOBS"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nThe sole question presented on this appeal is properly stated by the appellant as follows:\n\u201cWhether the trial court erred when it allowed defendant\u2019s motion to quash the warrant on the grounds that the name of the defendant did not appear in the complaint for arrest or in the warrant for arrest, but appeared only in the caption or title?\u201d\nWe hold that appellant\u2019s question should be answered in the affirmative. The complaint and the warrant are on a single page. The complaint refers to the title of the action. The warrant refers to the complaint. The complaint is, by reference, incorporated into the warrant. \u201cWhen the title, the complaint and the warrant are considered together as parts of the same instrument and proceeding, they point out the defendant with due certainty as the person committing the offenses alleged. S. v. Poythress, 174 N.C. 809, 93 S.E. 919.\u201d State v. Sawyer, 233 N.C. 76, 62 S.E. 2d 515.\nReversed.\nJudges Campbell and Britt concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Staff Attorney Donald M. Jacobs for the State.",
      "Johnson, Hedgpeth, Biggs and Campbell by John Wishart Campbell for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. SAFFO JACOBS\nNo. 7016SC530\n(Filed 21 October 1970)\nIndictment and Warrant \u00a7\u00a7 10, 14\u2014 naming of defendant in warrant \u2014 motion to quash\nWhere defendant\u2019s name did not appear in the complaint and warrant for arrest, but did appear in the caption thereof, defendant\u2019s motion to quash the warrant was properly denied.\nAppeal by the State from May, S.J., 7 July 1970 Regular Criminal Session, Robeson Superior Court.\nThe defendant was charged in a warrant with the unlawful possession of whiskey. Upon arraignment, but prior to pleading, the defendant moved to quash the warrant. The warrant is as follows:\nWarrant No. 70CR4787\nState of North Carolina In The General Court of County of Robeson Justice \u2014 District\nCourt Division\nThe State of North Carolina Complaint for Arrest\u2014 v. Possession of Nontaxpaid\nSaffo Jacobs Liquor\nAge ?, Race I, Sex M (Alcoholic Beverages)\nAddress Rt. # Fairmont, N. C.\nThe undersigned, R. C. Oliver being duly sworn, complains and says that at and in the county named above and on or about the 23 day of April, 1970, the defendant named above did unlawfully and wilfully have in his possession alcoholic beverages in the amount of 160 gallons, upon which the taxes imposed by the laws of the Congress of the United States and by the laws of the State of North Carolina had not been paid.\nThe offense charged here was committed against the peace and dignity of the State and in violation of G.S. 18-48.\nR. C. Oliver\nComplainant\nD. S. Robeson\nSworn to and subscribed before me this 23 day of April 1970.\nCurtis McGirt\nMagistrate\nWarrant for Arrest\nTo any officer with power to execute an arrest warrant for the offense described above:\nIt appearing from the accusations recited in the above complaint, which is made a part of this warrant, that a criminal offense has been committed, you are commanded forthwith to arrest the defendant named above and bring him before District Court at Fairmont May 11, 1970 \u2014 9:30 a.m. to be dealt with according to law.\nThis the 23 day of April, 1970.\nCurtis McGirt\nMagistrate\nFrom the allowance of defendant\u2019s motion to quash the warrant, the State appealed.\nAttorney General Robert Morgan by Staff Attorney Donald M. Jacobs for the State.\nJohnson, Hedgpeth, Biggs and Campbell by John Wishart Campbell for defendant appellee."
  },
  "file_name": "0597-01",
  "first_page_order": 621,
  "last_page_order": 623
}