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18 N.C. App. 346

196 S.E.2d 552

State v. Mink

Court of Appeals of North Carolina · decided 1973-05-23

Cited by 6 later decisions — most recently May 1979

6 state decisions

Relies on State v. Wiggs · State v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1973-05-23

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BROCK, Judge.

¶1 The warrant upon which defendant was tried in the District Court and upon which he was tried in the Superior Court is insufficient to charge an offense. It fails to allege the duty of his office that the public officer was discharging or attempting to discharge. For this reason it fails to allege an offense under either G.S. 14-33 (c) (4) or G.S. 14-223. See State v. *347 Wiggs, 269 N.C. 507, 512, 153 S.E. 2d 84, 88; State v. Smith, 262 N.C. 472, 474, 137 S.E. 2d 819, 820.

¶2 Judgment arrested.

Judges Morris and Parker concur.
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