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9 N.C. App. 597

State v. Jacobs

Court of Appeals of North Carolina

Decided October 21, 1970

Court of Appeals of North Carolina · decided 1970-10-21

Cited by 3 later decisions — most recently March 1998

3 state decisions

Relies on State v. Sawyer · State v. . Poythress

Good law ✅— No negative treatment on recordhow we know

Decided 1970-10-21

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VAUGHN, Judge.

¶1The sole question presented on this appeal is properly stated by the appellant as follows:

“Whether the trial court erred when it allowed defendant’s motion to quash the warrant on the grounds that the name of the defendant did not appear in the complaint for arrest or in the warrant for arrest, but appeared only in the caption or title?”

¶2We hold that appellant’s question should be answered in the affirmative. The complaint and the warrant are on a single page. The complaint refers to the title of the action. The warrant refers to the complaint. The complaint is, by reference, incorporated into the warrant. “When the title, the complaint and the warrant are considered together as parts of the same instrument and proceeding, they point out the defendant with due certainty as the person committing the offenses alleged. S. v. Poythress, 174 N.C. 809, 93 S.E. 919.” State v. Sawyer, 233 N.C. 76, 62 S.E. 2d 515.

¶3Reversed.

Judges Campbell and Britt concur.
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