Legal Opinion
State v. Matthews
Supreme Court of North Carolina
Decided April 12, 1967No. 493PublishedCited by 27 opinions
1Opinion of the CourtBobbitt, J.
The motion to quash challenges the warrant on the ground “R. F. Johnson, Desk Officer,” had no authority to issue such warrant.
The order of arrest signed by “R. F. Johnson, Desk Officer,” and the attached affidavit of C. G. Smith on which it is based, are to be read and considered as a single document and together constitute a warrant. S. v. Gupton, 166 N.C. 257, 80 S.E. 989; Moser v. Fulk, 237 N.C. 302, 74 S.E. 2d 729, and cases cited. Defects, if any, in the warrant affect its validity as a basis for a criminal prosecution on the charge set forth in the affidavit as well as its validity as…
2Cases cited21 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Aguilar v. TexasSupreme Court of the United States · 1964
- Johnson v. United StatesSupreme Court of the United States · 1948
- Giordenello v. United StatesSupreme Court of the United States · 1958
- Nathanson v. United StatesSupreme Court of the United States · 1933
16 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hogan v. Cone Mills Corp.Supreme Court of North Carolina · 1985
- State v. PenningtonSupreme Court of North Carolina · 1990
- Jacob Vance, Jr. v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1970
- Baker v. MartinSupreme Court of North Carolina · 1991
- State v. HatcherSupreme Court of North Carolina · 1970
22 more not listed; retrieve them via the Exa API.