State v. Bohannon

CLARK, Judge.

This appeal presents the following question: Was the affidavit, supporting the warrant for arrest so defective that it was void on its fac'e and not subject to amendment by the District Court prior to trial?

The defendant contends that the warrant, though issued on 2 January 1972, was so fatally defective that it could not be cured by amendment and did not toll the statute of limitations; and that more than two years having expired since the' date of the alleged offense, the prosecution was barred.

The defendant relies on the following quotation from 4 Strong, N. C. Index 2d,.…