STATE v. BRADLEY

No. 7613SC706.

233 S.E.2d 603 (1977)

32 N.C. App. 666

STATE of North Carolina v. Charlie Doyle BRADLEY, Jr.

Court of Appeals of North Carolina.

April 6, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William B. Ray and Deputy Atty. Gen. William W. Melvin, Raleigh, for the State.

Ray H. Walton, Southport, for defendant-appellant.


CLARK, Judge.

Defendant assigns as error the failure of the trial court to charge the jury that if the officer were attempting to make an illegal arrest of C. T. Small on the charge of driving a motor vehicle on a public highway while under the influence of intoxicating liquor, the officer was not discharging a duty of his office and defendant would not be guilty of the crime charged.

One of the elements of the assault charge against the defendant was that...

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