State v. Archie Prentiss Underwood

The defendant’s assignments of error, based on exceptions Nos. 1, 2, 3, 5 and 6, are bottomed on the refusal of the court below to sustain his motion to quash the warrant.

Section 15-1 of the General Statutes of North Carolina provides in pertinent part as follows: “All misdemeanors except malicious misdemeanors, shall be presented or found by the grand jury within two years after the commission of same, and not afterwards.”

The question presented for decision is whether G.S. 15-1 requires a bill of indictment in order to toll the statute of limitations in those misdemeanor cases in which the…