State v. Wells

With reference to Case No. 7141, based on warrant bearing Serial No. 149413, the verdict and judgment relate solely *176to the count in this warrant charging “Resist Arrest.” This count, which presumably was intended to charge n violation of G.S. 14-223, is fatally defective; and, with reference thereto, defendant’s motion in arrest of judgment is allowed. S. v. Eason, 242 N.C. 59, 62, 86 S.E. 2d 774, and cases cited; S. v. Harvey, 242 N.C. 111, 112, 86 S.E. 2d 793. “. . . while it is a general rule prevailing in this State that an indictment for a statutory offense is sufficient if the offense…