State v. Mink

Court of Appeals of North Carolina
State v. Mink, 196 S.E.2d 552 (1973)
18 N.C. App. 346; 1973 N.C. App. LEXIS 1869
Brock, Morris, Parker

State v. Mink

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.

Reference

Full Case Name
State of North Carolina v. Tony Mink
Cited By
3 cases
Status
Published