State v. White

Supreme Court of North Carolina

State v. White

145 S.E.2d 872, 266 N.C. 361, 1966 N.C. LEXIS 1351

Supreme Court of North Carolina·Decided January 14, 1966·Published·Cited by 1 cases

Opinion

PER Cubiam.

The court was of the opinion, and rightly so, that the amended warrant was insufficient to charge a violation of G.S. 14-223. See S. v. Smith, 262 N.C. 472, 474, 137 S.E. 2d 819, and cases cited. Hence, the trial was conducted solely with reference to whether defendant was guilty of a simple assault on Reece Coble, a police officer.

Defendant’s motion for judgment as in case of nonsuit was properly overruled. The matters referred to in defendant’s exceptions to the charge are not considered of such prejudicial nature as to justify a new trial. Hence, the verdict and judgment will not be disturbed.

No error.

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PER Cubiam.

The court was of the opinion, and rightly so, that the amended warrant was insufficient to charge a violation of G.S. 14-223. See S. v. Smith, 262 N.C. 472, 474, 137 S.E. 2d 819, and cases cited. Hence, the trial was conducted solely with reference to whether defendant was guilty of a simple assault on Reece Coble, a police officer.

Defendant’s motion for judgment as in case of nonsuit was properly overruled. The matters referred to in defendant’s exceptions to the charge are not considered of such prejudicial nature as to justify a new trial. Hence, the verdict and judgment will not be disturbed.

No error.

State v. White, 145 S.E.2d 872, 266 N.C. 361, 1966 N.C. LEXIS 1351 (N.C. 1966).

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Opinion

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