State v. Vestal

LAKE, Justice.

The defendant’s motion to quash raises the question of the sufficiency of the summons, or warrant, to charge the commission of a criminal offense. State v. Brewer, 258 N.C. 533, 129 S.E. 2d 262, 1 A.L.R. 3rd 1323, app. dism., 375 U.S. 9; State v. Walker, 249 N.C. 35, 105 S.E. 2d 101; State v. Glidden Co., 228 N.C. 664, 46 S.E. 2d 860. It is essential to jurisdiction that a criminal offense be charged in the warrant or indictment upon which the State brings the defendant to trial. State v. Guffey, 265 N.C. 331, 144 S.E. 2d 14. If the only charge therein is that the defendant…