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STATE v. DUDLEY

No. 7920SC769.

265 S.E.2d 235 (1980)

45 N.C. App. 295

STATE of North Carolina v. Ronald Ernest DUDLEY.

Court of Appeals of North Carolina.

February 19, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Sp. Deputy Atty. Gen. William Woodward Webb, Raleigh, for the State.

Ronald C. Williams, Charlotte, for defendant-appellant.

WELLS, Judge.

There is a fatal variance between the charge and the evidence. The warrant charging the offense proscribed under G.S. 14-223 must set forth in particular the duty the officer is performing or attempting to perform. State v. Wiggs, 269 N.C. 507, 153 S.E.2d 84 (1967). Accord, State v. Waller, 37 N.C. App. 133, 245 S.E...

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