State v. Madry

LEWIS, Judge.

The only issue before us is the validity of the warrant allegedly charging defendant with the crime of taking bear with bait, in violation of N.C. Gen. Stat. § 113-294(cl). Defendant was convicted in district court but appealed to the superior court for a trial de novo. Defendant then filed a motion to dismiss the warrant as insufficient, which motion was granted. The State now appeals.

To be sufficient, any charging instrument, whether an indictment, arrest warrant, or otherwise, must allege all essential elements of the crime sought to be charged. N.C. Gen. Stat. § 15A-924(a)(5)…