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STATE v. ABLE

No. 7126SC727.

185 S.E.2d 422 (1971)

13 N.C. App. 365

STATE of North Carolina v. James ABLE.

Court of Appeals of North Carolina.

December 29, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Edward L. Eatman, Jr., for the State.

Rodney L. Purser, Charlotte, for defendant appellant.

BRITT, Judge.

Defendant assigns as error the denial of his timely made motion to abate the action and quash the indictment upon the ground that he was arrested on a capias when he had never been served with a warrant.

In State v. Hargett, 255 N.C. 412, 121 S.E.2d 589 (1961), the defendant before pleading to the bill of indictment, moved that the proceedings be stayed and abated. He contended...

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