STATE v. SHIRLEN

No. 270.

153 S.E.2d 364 (1967)

269 N.C. 695

STATE v. William Richard SHIRLEN.

Supreme Court of North Carolina.

March 22, 1967.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Wilson B. Partin, Jr., Staff Atty., Raleigh, for the State.

James H. Morton, Charlotte, for defendant.


PER CURIAM:

Defendant brings forward only the assignment of error based upon his exceptions to the overruling of his motions for nonsuit. He contends that his conduct in the presence of the officer did not amount to a breach of the peace; that Ensminger, therefore, had no right to arrest him without a warrant; and that he had the legal right to resist arrest and defend himself. On this record, it is not necessary to decide whether defendant's conduct amounted to a...

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