State v. Mink

BROCK, Judge.

The warrant upon which defendant was tried in the District Court and upon which he was tried in the Superior Court is insufficient to charge an offense. It fails to allege the duty of his office that the public officer was discharging or attempting to discharge. For this reason it fails to allege an offense under either G.S. 14-33 (c) (4) or G.S. 14-223. See State v. Wiggs, 269 N.C. 507, 512, 153 S.E. 2d 84, 88; State v. Smith, 262 N.C. 472, 474, 137 S.E. 2d 819, 820.

Judgment arrested.

Judges Morris and Parker concur.