State v. Holmon

BRITT, Judge.

By his first assignment of error, defendant contends that the trial court erred in failing to grant his motion to dismiss the charge contained in the bill of indictment on the grounds that the bill failed to state an offense. We find merit in this contention.

G.S. 15A-924(a) sets forth what a criminal pleading, including an indictment, must contain. The statute provides in pertinent part:

* * *(5) A plain and concise factual statement in each count which, without allegations of an evidentiary nature, asserts facts supporting every element of a criminal offense and the defendant’s…