State v. Wiley

CARSON, Judge.

The only question presented on appeal is whether the trial court erred in failing to allow the motion in arrest of judgment. If the warrant was not valid, the motion should have been allowed.

It is well established in this State that a bill of indictment or a warrant is insufficient to confer jurisdiction unless it charges all essential elements of a criminal offense. State v. Morgan, 226 N.C. 414, 38 S.E. 2d 166 (1946); 4 Strong’s N. C. Index 2d, Indictment and Warrant, § 9. While the warrant apparently attempted to charge a violation of G.S. 20-166, it has failed in two vital…