State v. Dunston

At the threshold of this case we are confronted with a fatally defective count in bill of indictment No. 6408, charging the defendant with resisting an officer. The bill of indictment is defective in that it does not allege all the facts necessary to constitute an offense under G.S. 14-223. Here, as in the case of S. v. Stonestreet, 243 N.C. 28, 89 S.E. 2d 734, the bill fails to charge the official duty the named officer was discharging or attempting to discharge. S. v. Harvey, 242 N.C. 111, 86 S.E. 2d 793; S. v. Eason, 242 N.C. 59, 86 S.E. 2d 774.

It is the duty of this Court to carefully…