STATE v. SUMMRELL

No. 713SC744.

185 S.E.2d 241 (1971)

13 N.C. App. 1

STATE of North Carolina v. Julius Stewart SUMMRELL.

Court of Appeals of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

Atty. Gen., Robert Morgan by Associate Atty. James E. Magner, Raleigh, for the State.

Chambers, Stein, Ferguson & Lanning by Charles L. Becton, Charlotte, and Paul & Keenan by Jerry Paul, Durham, for defendant appellant.


HEDRICK, Judge.

In the cases charging resisting arrest and assault on an officer, the defendant assigns as error the court's denial of his motions to require the solicitor to elect, to quash the warrants, and to arrest the judgments. The defendant's motion made before the introduction of any evidence to require the solicitor to elect whether he would prosecute the defendant on the charge of resisting arrest or assault on an officer was properly denied. State v. Stephens...

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