State v. Higgins

Defendant assigns as error the denial of his motion to quash the warrant. He contends the warrant should be quashed on three grounds: (1) “The affidavit is made upon information and belief but yet made by the person allegedly assaulted”; (2) “the affidavit is not signed by affiant but rather her name is typed therein”; and (3) the word “feloniously” is used when the offense charged is a misdemeanor.

The affidavit and warrant are in contemplation of law one, if the affidavit is referred to in the warrant, as in the instant case. S. v. Davis, 111 N.C. 729, 16 S.E. 540; S. v. Sharp, 125 N.C. 628,…