State v. Tenore

LAKE, Justice.

“A motion to quash is a proper method of testing the sufficiency of the warrant * * * to charge a criminal offense. It is not a means of testing the guilt or innocence of the defendant with respect to a crime properly charged.” State v. Cooke, et al., 248 N.C. 485, 489, 103 S.E. 2d 846. We do not have before us on this appeal any question concerning the sufficiency of evidence to establish the defendant’s guilt of the offense charged in the warrant, if any, for no evidence has been offered. For the purposes of this appeal, we take the facts to be as alleged in the warrant. The…