Court of Appeals of North Carolina, 1973

State v. Mink

Court of Appeals of North Carolina · Decided May 23, 1973 · Brock, Morris, Parker

196 S.E.2d 552; 18 N.C. App. 346; 1973 N.C. App. LEXIS 1869 (South Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

State v. Waller (N.C. Ct. App. 1978)
State v. Anderson (N.C. Ct. App. 1979)
State v. Jones (N.C. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

BROCK, Judge.

The warrant upon which defendant was tried in the District Court and upon which he was tried in the Superior Court is insufficient to charge an offense. It fails to allege the duty of his office that the public officer was discharging or attempting to discharge. For this reason it fails to allege an offense under either G.S. 14-33 (c) (4) or G.S. 14-223. See State v. *347 Wiggs, 269 N.C. 507, 512, 153 S.E. 2d 84, 88; State v. Smith, 262 N.C. 472, 474, 137 S.E. 2d 819, 820.

Judgment arrested.

Judges Morris and Parker concur.

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