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STATE v. HARDY

No. 80.

257 S.E.2d 426 (1979)

STATE of North Carolina v. Ernest Raymond HARDY and Dennis Ray Hardy.

Supreme Court of North Carolina.

September 4, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Associate Atty. Thomas H. Davis, Jr., Raleigh, for the State.

Ernest C. Richardson, III, New Bern, for Ernest Raymond Hardy, defendant.

Alfred D. Ward, Jr., New Bern, for Dennis Ray Hardy, defendant.

SHARP, Chief Justice.1

We first consider defendants' contentions:

(1) That the offense of unlawfully resisting, delaying or obstructing a public officer in the discharge of a duty of his office, G.S. 14-223 (resisting), is not a lesser degree of the offense of assaulting a law-enforcement officer while he is discharging or attempting to discharge a duty of his office, G.S. 14-33(b)(4...

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