State v. Barneycastle

JOHNSON, Judge.

By his first assignment of error defendant contends the trial court erred in denial of his pre-trial motion to dismiss the charge on the ground that the pleadings in the warrant are not sufficient to charge defendant with the offense of assault with a deadly weapon in the manner required by G.S. 15A-924(a)(5). We do not agree.

Together, G.S. 15A-924(e) and 15A-954(a)(10) provide that on motion of the defendant the court must dismiss the charges stated in a criminal pleading if the pleading fails to charge the defendant with a crime in1 the manner required by G.S. 15A-924(a),…