STATE v. ROMAN

No. COA09-1363.

692 S.E.2d 431 (2010)

STATE of North Carolina v. Donald O'Keith ROMAN.

Court of Appeals of North Carolina.

May 4, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Deputy Director Caroline Farmer, for the State.

Paul Y.K. Castle, Jacksonville, for defendant-appellant.


STEELMAN, Judge.

Where the trial court arrested judgment on the charge of resist, delay, and obstruct a public officer, defendant's argument regarding an alleged variance between the charging warrant and the evidence presented at trial is not properly before this Court. Where the warrant for assault on a government officer clearly stated that the assault occurred during the discharge of the officer's official duties by arresting defendant, it is immaterial

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