State v. Ballenger

Denny. J.

The defendant’s first assignment of error is purportedly based on a motion to quash the warrant “as being contrary to law.” It cannot be ascertained from the record whether or not this motion was actually made and ruled upon either in the Recorder’s Court or in the Superior Court. Even so, the argument in this Court with respect to the motion is based on the contention that the Recorder’s Court of Benson is not a legally constituted court; that it lacked the power to issue the process which brought the defendant into court, and the court was without jurisdiction to try him, citing S.…