State v. Dudley

WELLS, Judge.

There is a fatal variance between the charge and the evidence. The warrant charging the offense proscribed under G.S. 14-223 must set forth in particular the duty the officer is performing or attempting to perform. State v. Wiggs, 269 N.C. 507, 153 S.E. 2d 84 (1967). Accord, State v. Waller, 37 N.C. App. 133, 245 S.E. 2d 808 (1978) (holding that although the duty must be stated for violations of G.S. 14-223, this requirement need not be met for violations of G.S. 14-33(a)).

The warrant charges that defendant “did . . . resist, delay and obstruct Curtis Rollins . . . [a]t the time…