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STATE v. LEIGH

No. 23.

179 S.E.2d 708 (1971)

278 N.C. 243

STATE of North Carolina v. Phillip LEIGH.

Supreme Court of North Carolina.

March 10, 1971.

Attorney(s) appearing for the Case

Attorney General Robert Morgan and Staff Attorney Ernest L. Evans, for the State.

John H. Harmon, New Bern, for defendant.

BRANCH, Justice:

Defendant contends that the trial court committed prejudicial error in not allowing his motion for nonsuit and in denying his motion to set aside the verdict as being against the weight of the evidence.

G.S. § 14-223 provides:

"If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a misdemeanor punishable by...

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