State v. Underwood

SHARP, Justice.

In this jurisdiction the rule is well established that a warrant may be quashed only for its failure to charge a crime or a lack of jurisdiction of the court to try the case — defects which appear on the face of the record. In ruling upon a motion to quash the judge rules only upon a question of law. He is not permitted to consider “extraneous evidence,” that is, the testimony of witnesses or documents other than the specific statutes or ordinances involved. “Therefore, when the defect must be established by evidence aliunde the record, the motion must be denied.” State v.…