State v. Rowland

HEDRICK, Judge.

Defendant assigns as error the court’s failure to grant his timely motions as of nonsuit. G.S. § 14-33 in pertinent part provides:(b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a misdemeanor punishable by a fine, imprisonment for not more .than two years, or both such fine and imprisonment if, in the course of the assault, assault and battery, or affray, he:(4) Assaults a law-enforcement officer . . . while the officer ... is discharging or…