STATE v. KING

No. 7319SC813.

201 S.E.2d 563 (1974)

20 N.C. App. 390

STATE of North Carolina v. Randy KING.

Court of Appeals of North Carolina.

January 9, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Attys. Gen. William B. Ray and William W. Melvin, Raleigh, for the State.

Bell, Ogburn & Redding by John N. Ogburn, Jr., Asheboro, for the defendant.


CARSON, Judge.

Defendant's first assignment of error relates to whether there is a fatal variance between the allegations of the warrant for interfering and the proof adduced. The warrant charges the defendant with obstructing an officer while the officer was discharging a duty of his office—making an arrest of the defendant. The defendant claims the violation, if any, occurred while the officer was attempting to arrest Burrows and hence a fatal variance. The...

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