State v. Gay

The sole question presented for decision is: Did the trial court err in denying defendant’s motion to quash the warrant and indictments?

A person charged with a misdemeanor may be tried initially in the Superior Court upon an indictment or, upon appeal from conviction in an inferior court, he'may be tried in a Superior Court upon the original accusation without an indictment. State v. Thomas, 236 N.C. 454, 73 S.E. 2d 283. In such case it is entirely within the discretion of the solicitor whether he should send a bill to the grand jury and try the defendant upon the indictment or upon the…