STATE v. UNDERWOOD

No. 39.

195 S.E.2d 489 (1973)

283 N.C. 154

STATE of North Carolina v. William Lee UNDERWOOD and Dennis Harkey.

Supreme Court of North Carolina.

April 11, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Associate Attys. Thomas W. Earnhardt and Ann Reed, Raleigh, for the State.

Griffin & Clark, by C. Frank Griffin, Monroe, for defendants appellees.


SHARP, Justice:

In this jurisdiction the rule is well established that a warrant may be quashed only for its failure to charge a crime or a lack of jurisdiction of the court to try the case—defects which appear on the face of the record. In ruling upon a motion to quash the judge rules only upon a question of law. He is not permitted to consider "extraneous evidence," that is, the testimony of witnesses or documents other than the specific statutes or ordinances...

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