State v. Waller

PARKER, Judge.

Defendant first assigns error to the denial of his motions to quash the warrants upon which he was tried. He contends that the warrants were insufficient to charge a violation of G.S. 14-33(b)(4) because they failed to allege the specific duties which the officers were discharging or attempting to discharge at the time of the assaults. The short answer to this contention is that defendant was not convicted on charges of violating G.S. 14-33(b)(4). The judge dismissed the charges against him under that section and submitted the cases to the jury only on the lesser included…