{
  "id": 4774478,
  "name": "STATE OF NORTH CAROLINA v. FLOYD HOWARD",
  "name_abbreviation": "State v. Howard",
  "decision_date": "1986-06-03",
  "docket_number": "No. 757A85",
  "first_page": "140",
  "last_page": "141",
  "citations": [
    {
      "type": "official",
      "cite": "317 N.C. 140"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 1616,
    "ocr_confidence": 0.792,
    "pagerank": {
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    "sha256": "5a3cbafef8a8f4d2ea9aabe0e8f3649f857a785e03a41fda7f7fd7aef32a8b0a",
    "simhash": "1:bfbfa9450d1a4337",
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  "last_updated": "2023-07-14T14:55:24.016055+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE OF NORTH CAROLINA v. FLOYD HOWARD"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nDefendant was tried and convicted pursuant to N.C.G.S. \u00a7 14-27.2 of rape of a \u201cchild under the age of 13 years\u201d upon a bill of indictment which alleged that the offense occurred on 15 February 1983. This statute was amended effective 1 October 1983 by substituting \u201ca child under the age of 13 years\u201d for \u201ca child of the age of 12 years or less.\u201d At the time of this alleged offense, the prior statute controlled. The bill of indictment in this case, returned 22 July 1985, although a valid indictment for a rape occurring after 1 October 1983, did not allege a criminal offense for a rape allegedly occurring before the amendment to the statute, 1 October 1983. Therefore, the trial court did not have subject matter jurisdiction and the judgment entered must be arrested. The state may seek an indictment of defendant based upon the statute in effect on 15 February 1983.\nJudgment arrested.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "Lacy H. Thornburg, Attorney General, by Norma S. Harrell, Assistant Attorney General, and David S. Crump, Special Deputy Attorney General, for the State.",
      "John I. Jay for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. FLOYD HOWARD\nNo. 757A85\n(Filed 3 June 1986)\nRape and Allied Offenses \u00a7 3\u2014 indictment for rape of child under thirteen \u2014failure to charge crime\nAn indictment alleging the rape of a \u201cchild under the age of 13 years\u201d did not allege a criminal offense for a rape which allegedly occurred before the 1 October 1983 amendment to N.C.G.S. \u00a7 14-27.2.\nAPPEAL by defendant from judgment entered by Gudger, J., at the 22 July 1985 session of Superior Court, JACKSON County. Heard in the Supreme Court 15 May 1986.\nLacy H. Thornburg, Attorney General, by Norma S. Harrell, Assistant Attorney General, and David S. Crump, Special Deputy Attorney General, for the State.\nJohn I. Jay for defendant."
  },
  "file_name": "0140-01",
  "first_page_order": 176,
  "last_page_order": 177
}