State v. Beaver

GRAHAM, Judge.

Defendant contends the court erred in denying his motion to quash the warrant.

At the time the court ruled on defendant’s motion to quash, it was impossible to know whether defendant was being charged with a single assault in which he allegedly used both a gun and a rock or two separate assaults. The State’s evidence, however, tended to show two separate and distinct assaults.

The first purported assault arose out of an argument that occurred when defendant and a companion exchanged words with the prosecuting witness as they walked along a public road in front of the prosecuting…