Opinion
(Spring Riding, 1805.)
The Court will quash an indictment when it is plain no judgment can be rendered in case of a conviction, as where no day is stated as that on which the offense was committed.
INDICTMENT for passing counterfeit dollars, knowing them to be such. It was found at January Term, 1805. The defendant pleaded to it, and it now stood for trial. Defendant's counsel moved that it might be quashed because there was no day stated on which the offense is supposed to have been committed, though the year is stated; there is a blank left in the indictment for the day and month. They said it was useless to proceed to trial, since the Court must see no judgment could be given upon a conviction; and they cited 2 Hawk. P. Crown, 258, 259.
The defect which is pointed out would be fatal upon a motion in arrest of judgment; and though it is true, as has been argued, that the Court has a discretion to quash or not, still it will quash where it is plain no judgment could be given in case of a conviction. Therefore, let this indictment be quashed; but the defendant shall not be discharged, but must be bound over to another term to answer the charge.
NOTE. — On the subject of quashing indictments, see S. v. Jeffreys, 1 N.C. 528; S. v. Fellows, ante, 340; S. v. Smith, 5 N.C. 213; S. v. Baldwin, 18 N.C. 195; S. v. Roberts, 19 N.C.; S. v. Buchanan, 23 N.C.
Cited: S. v. Benthall, 82 N.C. 667; S. v. Harwell, 129 N.C. 552.