State v. Smith

The defendant filed a motion in arrest of judgment in this Court. The motion is based upon the fact that the reference to the statute in the warrant upon which the defendant was tried is incorrect. The warrant charges that “on or about the 26th day of Sept., 1953, Howard S. Smith violated the following law, of wit: General Statutes of North Carolina, 1943, Section 20-189 as amended, in that he did unlawfully and willfully operate a motor vehicle on the public roads while under the influence of intoxicating liquors, opiates or narcotic drugs, . . .” (Italics ours.)

A warrant will not be quashed…