State v. King

MOORE, Justice.

Before entering a plea in Superior Court, defendant moved “to quash the warrants for that the same are unconstitutional.” This motion was denied. On appeal the Court of Appeals reversed saying: “We certainly do not say that G.S. 14-190.9 is unconstitutional. We merely say that it is not applicable to the conduct here. . . . We do hold that the court committed reversible error in failing to grant defendant’s motion to quash the warrants in this case.”

We agree with the Court of Appeals that the warrants should be quashed but for an entirely different reason — not because G.S.…