STATE v. McHONE

No. 654.

90 S.E.2d 536 (1955)

243 N.C. 231

STATE v. Foy McHONE.

Supreme Court of North Carolina.

December 14, 1955.


Attorney(s) appearing for the Case

Frank Freeman, Dobson, J. N. Freeman, Mount Airy, for defendant-appellant.

Atty. Gen. Wm. Rodman, Jr., Asst. Atty. Gen. Claude L. Love, for the State.


WINBORNE, Justice.

In connection with appellant's assignment of error based upon exception to denial of his plea in abatement, it is appropriate to review pertinent prescribed procedure.

I. In the orderly course of such procedure a justice of the peace is named among those who are given power to issue process for the apprehension of persons charged with any criminal offense. G.S. § 15-18.

And it is provided by statute that "Whenever complaint...

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