State v. King

CARSON, Judge.

Defendant’s first assignment of error relates to whether there is a fatal variance between the ahegations of the warrant for interfering and the proof adduced. The warrant charges the defendant with obstructing an officer while the officer was discharging a duty of his office — making an arrest of the defendant. The defendant claims the violation, if any, occurred while the officer was attempting to arrest Burrows and hence a fatal variance. The defendant cites State v. Allen, 14 N.C. App. 485, 188 S.E. 2d 568 (1972), in support of his contention.

In the Allen case the officer…