State v. Banks

The warrant upon which the prosecution is based is before us as a part of the record proper. We are.charged with notice of its contents. If the warrant is insufficient on its face to state a criminal charge and support a conviction, the Court, ex mero mo tu, should so declare, and arrest the judgment. “It is an essential of jurisdiction that a criminal offense shall be sufficiently charged in a warrant or an indictment.” “. . . ‘The authorities are in unison that an indictment, ... to be good must- allege lucidly and accurately all the essential elements of the offense endeavored to be…