State v. Vaughn

MOORE, Justice.

Defendant first insists that the trial court erred in denying his motion to dismiss the indictment, pursuant to G.S. 15A-606, on the ground that no probable cause hearing was held prior to indictment. This same contention was made in State v. Lester, 294 N.C. 220, 240 S.E. 2d 391 (1978), and was answered contrary to defendant’s position in this case. There, the Court quoted with approval from the Official Commentary to G.S. 15A-611, as follows:

“In view of the preexisting jurisdictional law and the fairly clear legislative intent ... it seems certain that no probable-cause…