State v. Bryant

HUSKINS, Justice.

For his first assignment of error defendant says the court erred in denying his motion to quash the first degree murder charge. He argues that the action of the committing magistrate, who found “probable cause” of second degree murder only, amounted to a dismissal of the first degree murder charge and limited the State to second degree murder as the maximum charge for which defendant could be tried.

A district judge sitting as a committing magistrate in a preliminary hearing has no authority to dismiss a first degree murder charge. G.S. 7A-272(b) confers jurisdiction on the…