State v. Hardy

SHARP, Chief Justice. 1

We first consider defendants’ contentions:(1) That the offense of unlawfully resisting, delaying or obstructing a public officer in the discharge of a duty of his office, G.S. 14-223 (resisting), is not a lesser degree of the offense of assaulting a law-enforcement officer while he is discharging or attempting to discharge a duty of his office, G.S. 14-33(b)(4) (assaulting an officer);(2) That, therefore, Judge Webb erred (a) when he charged the jurors in Cases Nos. 4706 and 4707 that if they were not satisfied beyond a reasonable doubt that Dennis Hardy was guilty of…