STATE v. BEAVER

No. 7219SC301.

188 S.E.2d 576 (1972)

14 N.C. App. 459

STATE of North Carolina v. Homer BEAVER.

Court of Appeals of North Carolina.

May 24, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. T. Buie Costen, for the State.

H. Wade Yates, Asheboro, for defendant appellant.


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...

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