State v. Pinyatello

Defendant assigns as error the denial by the court of his motion to quash the indictment made before pleading.

The indictment is based upon G.S. 14-89.1, which reads:

“Safecracking and safe robbery. — Any person who shall by the use of explosives, drills, or other tools unlawfully force open or attempt to force open or ‘pick’ the combination of a safe or vault used for storing money or other valuables, shall, upon conviction thereof, receive a sentence, in the discretion of the trial judge, of from ten years to life imprisonment in the State penitentiary.”

Defendant contends in his brief that…