State v. Wall

It is not contended that the witness who appeared before the grand jury was disqualified from giving testimony as a matter of law. Thus, the sole question presented by this appeal is: Did the trial court err in allowing defendant’s motion to quash on the ground that the indictment was returned solely on hearsay evidence?

In the case of State v. Levy, 200 N.C. 586, 158 S.E. 94, the defendant moved to quash the indictment on the ground that the grand jury had returned the indictment as a true bill “upon testimony which was incompetent because based entirely upon hearsay, and that no competent…