State v. Jones

MARTIN (Harry C.), Judge.

Defendant argues the court erred in overruling his motion for nonsuit at the close of the State’s evidence, contending the evidence failed to show officer Johnson was discharging a duty of his office at the time of the alleged assault. Defendant cites State v. Smith, 262 N.C. 472, 137 S.E. 2d 819 (1964), and State v. Mink, 18 N.C. App. 346, 196 S.E. 2d 552 (1973). In each of these cases, the challenge was to the validity of the warrant rather than the sufficiency of the evidence. The warrants totally failed to allege the duty the officer was discharging at the time in…