State v. Harvey
| Decision Date | 13 April 1955 |
| Docket Number | No. 292,292 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. Mamle Garrett HARVEY. |
C. J. Gates, M. E. Johnson, Durham, for defendant-appellant.
Atty. Gen. Harry McMullan, Asst. Atty. Gen. Ralph Moody, for the State.
Defendant moves in this Court for arrest of judgment (1) in the two cases based on warrants charging the defendant 'did resist, hinder, delay and obstruct' a named officer, while in the performance of his official duty, and (2) in the case based on warrant charging that defendant 'did assault Jim Davis, an authorized highway patrolman, while in the performance of his official duty.'
(1) In the light of decisions of this Court in State v. Raynor, 235 N.C. 184, 69 S.E.2d 155; State v. Thorne, 238 N.C. 392, 78 S.E.2d 140; State v. Jenkins, 238 N.C. 396, 77 S.E.2d 796; State v. Scott, 241 N.C. 178, 84 S.E.2d 654; State v. Eason, N.C., 86 S.E.2d 774, applying the provisions of G.S. § 14-223, the charge in each of the two cases, first mentioned above, is fatally defective. While the public officer is identified by name, the charge fails to 'indicate the official duty he was discharging or attempting to discharge, nor does it point out even in a general way the manner in which the defendant is charged with having resisted or delayed or obstructed such public officer',--quoting language of Bobbitt, J., in the Eason case supra.
Therefore defendant's motions in arrest of judgment as to the charge in these two cases are allowed.
(2) However, the charge of assault upon the officer Davis is sufficient to repel a motion in arrest of judgment. Hence the motion is denied.
Moreover, the evidence offered by the State tends to show that while police officer Ackert, assisted by highway patrolman Davis, had defendant under lawful arrest for traffic violations committed in the presence of officer Ackert, at the police station she was 'kicking, biting and hollering,' and that she attempted to strike Ackert with a Coca Cola bottle and kicked him four or five times on his legs; and (b) that she grabbed a Coca Cola bottle, and swinging at patrolman Davis, she turned it 'aloose' and it struck him across the knee, and that she bit him on the hand.
True, defendant on the other hand denied in the main evidence of the State in these respects, but the evidence offered by the State was sufficient to take the case to the jury and to support the verdicts of guilty on the charges of assault. Hence the case was properly one of fact for the jury to decide under appropriate charge of the court.
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State v. Ellis
...256 N.C. 203, 204, 123 S.E.2d 480, 481 (1962) (citing State v. Stonestreet, 243 N.C. 28, 89 S.E.2d 734 (1955); State v. Harvey, 242 N.C. 111, 86 S.E.2d 793 (1955); State v. Eason, 242 N.C. 59, 86 S.E.2d 774 Here, the bill of indictment charging defendant with violating N.C. Gen.Stat. § 14-2......
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...to discharge, and (c) state in a general way the manner in which accused resisted or delayed or obstructed such officer. State v. Harvey, 242 N.C. 111, 86 S.E.2d 793; State v. Eason, 242 N.C. 59, 86 S.E.2d 774; State v. Jenkins, 238 N.C. 396, 77 S.E.2d 796. Applying these rules to the origi......
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State v. Wiggs, 499
...to discharge, and (c) state in a general way the manner in which accused resisted or delayed or obstructed such officer. State v. Harvey, 242 N.C. 111, 86 S.E.2d 793; State v. Eason, 242 N.C. 59, 86 S.E.2d 774; State v. Jenkins, 238 N.C. 396, 77 S.E.2d 796.' In Fenner, and also in State v. ......
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State v. St. Clair
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