State v. Foust

BRITT, Judge.

In his first assignment of error, defendant contends the court erred in not allowing his motion to quash the warrant charging him with resisting arrest for the reason that he was arrested without a warrant and was not taken before a magistrate as provided by G.S. 15-46. The contention is without merit. In State v. McCloud, 276 N.C. 518, 173 S.E. 2d 753 (1970), our Supreme Court held that G.S. 15-46 and G.S. 15-47 do not prescribe mandatory procedures affecting the validity of a trial. See also State v. Broome, 269 N.C. 661, 153 S.E. 2d 384 (1967) and State v. Able, 13 N.C. App.…