State v. Lilly

MARTIN, Judge.

Defendant on appeal alleges error in the denial of her motion to dismiss, the jury instructions, verdict and judgment. Because the instructions to the jury contain error prejudicial to the defendant, she must be accorded a new trial.

Initially, defendant contends that the trial court erred in denying her motion to dismiss the misdemeanor statement of charges for its failure to charge a criminal offense. We disagree. G.S. 14-247, entitled “Private Use of a Publicly Owned Vehicle,” provides in pertinent part:

It shall be unlawful for any officer, agent or employee of the State of…