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STATE v. BEST

No. 698SC191.

168 S.E.2d 433 (1969)

5 N.C. App. 379

STATE of North Carolina v. John Franklin BEST.

Court of Appeals of North Carolina.

July 23, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Harrison Lewis and Trial Atty. I. B. Hudson, Jr., Raleigh, for the State.

Herbert B. Hulse and George F. Taylor, Goldsboro, for defendant appellant.

BRITT, Judge.

Defendant assigns as error the form of the warrant under which he was charged and tried. He contends that the warrant fails to state an offense within the meaning of the statute because it "alleges purely conclusions of law and does not state what words were used to constitute the alleged offense." He also contends that the allegation "on 9 August 1967 and diverse (sic) other occasions" is to vague an allegation to support a conviction.

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