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STATE v. DUNSTON

No. 439.

123 S.E.2d 480 (1962)

256 N.C. 203

STATE v. Samuel Lee DUNSTON.

Supreme Court of North Carolina.

January 12, 1962.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., H. Horton Rountree, Asst. Atty. Gen., for State.

Hubert H. Senter, Franklinton, for defendant.

DENNY, Justice.

At the threshold of this case we are confronted with a fatally defective count in bill of indictment No. 6408, charging the defendant with resisting an officer. The bill of indictment is defective in that it does not allege all the facts necessary to constitute an offense under G.S. § 14-223. Here, as in the case of State v. Stonestreet, 243 N.C. 28, 89 S.E.2d 734, the bill fails...

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