State v. Bradley

CLARK, Judge.

Defendant assigns as error the failure of the trial court to charge the jury that if the officer were attempting to make an illegal arrest of C. T. Small on the charge of driving a motor vehicle on a public highway while under the influence of intoxicating liquor, the officer was not discharging a duty of his office and defendant would not be guilty of the crime charged.

*669One of the elements of the assault charge against the defendant was that Trooper Alley “was discharging a duty of his office, to-wit: attempting to arrest Talmadge Small, in violation of the following law: G.S.…