STATE v. E. B. McCOLLUM.
(Filed 18 May, 1921.)
Indictment — Courts—Omission of Name of Accused — Arrest of Judgment —Supreme Court — Appeal and Error.
Each, count in a bill of indictment should be complete in itself, and some name therein be given the defendant, and if no name appears in the bill or in the only count in which a conviction is had, the charge is fatally defective, and the judgment must be arrested, and this will lie done though presented for the first time in the Supreme Court, on appeal.
*585Appeal by defendant from Bryson, J., at tbe January Term, 1921, of MONTGOMERY.
Tbe indictment is for violation of prohibition laws of State, and contains five counts, and tbe case on appeal states tbat defendant was acquitted on all of tbe counts except tbe count wbicb charged receipt of more than a quart within fifteen days, this being tbe fourth count in tbe bill.
There was judgment tbat defendant be imprisoned for nine months, and assigned to work on tbe roads of Rowan County. From which judgment defendant appealed, assigning errors.
Attorney-General Manning and Assistant Attorney-General Nash for the State.
B. T. Poole for defendant.
HoKE, J.
Tbe record shows tbat tbe count on wbicb tbe jury rendered a verdict does not contain tbe name of tbe defendant, or any name whatever. It is very generally held in an indictment consisting of several counts tbat each count should be complete in itself, and tbat in order to this some name should be given tbe defendant. If it is tbe wrong name, or defectively stated, tbe question should ordinarily be raised by plea in abatement or motion to quash, but where no name at all appears in tbe bill or in tbe only count on wbicb a conviction is bad, it is held in this jurisdiction tbat such a charge is fatally defective, and tbe judgment must be arrested. S. v. Anderson Phelps, 65 N. C., 450. And this course should be taken though tbe question is presented for tbe first time in tbe Supreme Court on appeal. S. v. Lumber Co., 109 N. C., 860; S. v. Caldwell, 112 N. C., 854; S. v. Goings, 98 N. C., 766.
This will be certified tbat tbe judgment on tbe present conviction be arrested.
Reversed.