State v. . Edwards

Arcbbold defines a demurrer as a pleading by which tbe legality of tbe last preceding pleading is denied and put in issue; and be says it is pleaded either to the indictment or to a special plea. Cr. Pr. & Pld., 354; S. v. Moody, 150 N. C., 847. The office of a demurrer is to take advantage of defects in substance or in form which appear upon the face of the indictment, thereby forestalling a jDrosecution on the ground that the charges do not constitute a breach of the criminal law; and the issue thus joined is to be determined by the court.

If the present indictment is defective upon its face…