State v. Stonestreet

First, we consider the conviction for resisting arrest as charged. While not argued in appellant’s brief, we are constrained to hold that the motion in arrest of judgment should have been allowed. If the offense is not sufficiently charged in the indictment, this Court, ex mero motu, will arrest the judgment. S. v. Thorne, 238 N.C. 392, 78 S.E. 2d 140; S. v. Watkins, 101 N.C. 702, 8 S.E. 346. The indictment is fatally defective in that it does not allege all the facts necessary to constitute an offense under G.S. 14-223. Specifically, it fails to charge the official duty the designated…