{ "id": 8572645, "name": "STATE v. WILLIE GUY FENNER", "name_abbreviation": "State v. Fenner", "decision_date": "1965-02-24", "docket_number": "", "first_page": "694", "last_page": "702", "citations": [ { "type": "official", "cite": "263 N.C. 694" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "254 N.C. 810", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "188 S.E. 2d 102", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "210 N.C. 585", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627882 ], "opinion_index": 0, "case_paths": [ "/nc/210/0585-01" ] }, { "cite": "134 S.E. 2d 638", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "261 N.C. 332", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573167 ], "opinion_index": 0, "case_paths": [ "/nc/261/0332-01" ] }, { "cite": "134 S.E. 2d 683", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "261 N.C. 366", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573481 ], "opinion_index": 0, "case_paths": [ "/nc/261/0366-01" ] }, { "cite": "72 N.C. 241", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8692175 ], "opinion_index": 0, "case_paths": [ "/nc/72/0241-01" ] }, { "cite": "91 N.C. 536", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8696954 ], "opinion_index": 0, "case_paths": [ "/nc/91/0536-01" ] }, { "cite": "136 N.C. 610", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8661481 ], "opinion_index": 0, "case_paths": [ "/nc/136/0610-01" ] }, { "cite": "103 S.E. 67", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "179 N.C. 708", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8658191 ], "opinion_index": 0, "case_paths": [ "/nc/179/0708-01" ] }, { "cite": "226 N.C. 523", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8621914 ], "opinion_index": 0, "case_paths": [ "/nc/226/0523-01" ] }, { "cite": "222 N.C. 179", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8629332 ], "opinion_index": 0, "case_paths": [ "/nc/222/0179-01" ] }, { "cite": "40 S.E. 2d 449", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "227 N.C. 43", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8620707 ], "opinion_index": 0, "case_paths": [ "/nc/227/0043-01" ] }, { "cite": "119 S.E. 2d 865", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "254 N.C. 772", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628185 ], "opinion_index": 0, "case_paths": [ "/nc/254/0772-01" ] }, { "cite": "99 S.E. 2d 764", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "246 N.C. 596", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627575 ], "opinion_index": 0, "case_paths": [ "/nc/246/0596-01" ] }, { "cite": "33 S.E. 2d 121", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "225 N.C. 22", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8597595 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nc/225/0022-01" ] }, { "cite": "56 S.E. 2d 713", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "231 N.C. 229", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8629216 ], "opinion_index": 0, "case_paths": [ "/nc/231/0229-01" ] }, { "cite": "64 S.E. 2d 157", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "233 N.C. 345", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8607429 ], "opinion_index": 0, "case_paths": [ "/nc/233/0345-01" ] }, { "cite": "124 S.E. 2d 169", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "256 N.C. 441", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573113 ], "opinion_index": 0, "case_paths": [ "/nc/256/0441-01" ] }, { "cite": "77 S.E. 2d 796", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "238 N.C. 396", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8609481 ], "opinion_index": 0, "case_paths": [ "/nc/238/0396-01" ] }, { "cite": "86 S.E. 2d 774", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "242 N.C. 59", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8608795 ], "opinion_index": 0, "case_paths": [ "/nc/242/0059-01" ] }, { "cite": "86 S.E. 2d 793", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "242 N.C. 111", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8610323 ], "opinion_index": 0, "case_paths": [ "/nc/242/0111-01" ] }, { "cite": "32 N.Y.S. 2d 61", "category": "reporters:state", "reporter": "N.Y.S.2d", "opinion_index": 0 }, { "cite": "161 N.W. 192", "category": "reporters:state_regional", "reporter": "N.W.", "case_ids": [ 8516667, 8516719 ], "opinion_index": 0, "case_paths": [ "/sd/38/0263-01", "/sd/38/0285-01" ] }, { "cite": "102 S.E. 2d 774", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "248 N.C. 188", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8621270 ], "opinion_index": 0, "case_paths": [ "/nc/248/0188-01" ] }, { "cite": "83 S.E. 2d 100", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "240 N.C. 476", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8603420 ], "opinion_index": 0, "case_paths": [ "/nc/240/0476-01" ] }, { "cite": "103 S.E. 2d 694", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "248 N.C. 342", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8623030 ], "opinion_index": 0, "case_paths": [ "/nc/248/0342-01" ] } ], "analysis": { "cardinality": 818, "char_count": 19698, "ocr_confidence": 0.56, "pagerank": { "raw": 6.606466309470958e-07, "percentile": 0.9617927531682349 }, "sha256": "4eb78f6db7d073fc9039ca8155ff665a6f5cbcfaec9e562b686c29f0621da9e8", "simhash": "1:4d03941f44604ede", "word_count": 3306 }, "last_updated": "2023-07-14T15:44:48.035422+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE v. WILLIE GUY FENNER." ], "opinions": [ { "text": "Moobe, J.\nDefendant presents three assignments of error.\n\u2014 I \u2014\nDefendant excepts to the denial of his motion for nonsuit.\nThe State\u2019s evidence, taken as true on the motion for nonsuit (State v. Horner, 248 N.C. 342, 103 S.E. 2d 694), discloses these facts: On 28 March 1964 defendant was at Baleather Fisher\u2019s Store \u2014 Service station, which is located in Craven County on a paved highway known as Temple Point Road. He was cursing and using offensive language. Fisher put him out of the store two or three times but he would come back in when a customer entered. In response to a call, deputy sheriff S. Bruce Edwards went to the store. When he arrived defendant was outside the store between the gasoline pumps and a car which was standing between the pumps and the highway. Defendant was staggering and leaned toward the car to speak to someone. The deputy told him he was under arrest and put his hand on defendant\u2019s wrist; defendant snatched away and backed off. The deputy told him he would have to come with him and he replied: \u201cYou ain\u2019t taking me nowhere.\u201d Defendant snatched away again and had his hands raised, hip fists balled up. The deputy pulled his gun and shot into the ground and told him, \u201cI don\u2019t want to hurt you but you\u2019re under arrest and you\u2019re going to have to go with me.\u201d He backed away again, his fists clenched, saying, \u201cYou white son-of-a-bitch, you ain\u2019t taking me nowhere.\u201d The deputy hit him with the pistol. It accidentally discharged, the bullet taking effect in defendant\u2019s neck; defendant fell and was lying partly on the hardsurface of the highway and partly off. He was taken to the hospital. A warrant, charging resisting arrest, was later served on him. In the opinion of the deputy sheriff defendant was \u201cdrunk and intoxicated\u201d on the occasion in question.\nThe gist of defendant\u2019s argument in support of his motion for non-suit is that drunkenness off the highway and on the premises of a mercantile establishment is not a criminal offense, and the officer had no authority or duty to arrest defendant. If the officer had no authority to make the arrest, defendant cannot be guilty of resisting. State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100.\nG.S. 14-335 makes it a criminal offense to be \u201cdrunk or intoxicated on the public highway, or at any public place or meeting in any county\u201d named in the statute. Craven County is one of the counties specified. See subsection 12. Defendant contends that under the doctrine of ejusdem generis the general term \u201cpublic place\u201d is restricted in meaning to the specific terms, \u201cpublic highway\u201d and \u201cmeeting,\u201d or places or things similar to a public highway or meeting. Defendant cites State v. Dew, 248 N.C. 188, 102 S.E. 2d 774, and points to the reasoning of the Court therein in construing the term \u201cother public place\u201d as used in G.S. 18-51. G.S. 14-335 is not a state-wide statute and applies only to the counties and localities named in the statute. Defendant Dew contended that G.S. 14-335 is unconstitutional in that it is a local law in conflict with the general law of the state as declared in general statutes relating to public drunkenness, G.S. 18-51, G.S. 14-334, and G.S. 14-275. In holding that G.S. 14-335 is constitutional and not in conflict with these general statutes, the Court said:\n\u201c. . . there is no general law making public drunkenness a crime.\u201d\n\u201c. . . G.S. 18-51, is captioned: \u2018Drinking or offering drinks on premises of (liquor) stores and public roads or streets; Drunkenness, etc., at athletic contests or other public places.\u2019 As to this, it is unnecessary to quote the text, for, as the Attorney General points out, under the doctrine of ejusdem generis, the latter part of the statute would apply to any place similar to an athletic contest,\u2014 hence there is a difference between the two statutes. (Parentheses added.)\n\u201c. . . G.S. 14-334, relates to public drunkenness and disorderliness. (Emphasis added.)\n\u201c. . . G.S. 14-275, relates to disturbing religious congregations.\n\u201c. . . For the reasons given there seems to be no general law in North Carolina, other than G.S. 14-335, relating to drunkenness \u2018on the public highway, or at any public place or meeting.\u2019 \u201d\nThe Dew case is not authority for defendant\u2019s position. It is authority to the contrary. G.S. 14-335 is designed to fill the gap and make drunkenness in public places a criminal offense in the localities affected. In the construction of statutes, the ejusdem generis rule is that where general words follow a designation of particular subjects or things, the meaning of the general words will ordinarily be presumed to be, and construed as, restricted by the particular designations and as including only things of the same kind, character and nature as those specifically enumerated. The rule does not necessarily require such limitation in scope of the general words or terms. It is but a rule of construction to aid in ascertaining and giving effect to the legislative intent where there is uncertainty. The rule does not apply to restrict the operation of a general expression where the specific things enumerated have no common characteristic, and differ greatly from one another. It does not warrant the court subverting or defeating the legislative will. 50 Am. Jur., Statutes, \u00a7\u00a7 249, 250, pp. 244-248; Black\u2019s Law Dictionary, 4th Ed. (1951). In G.S. 18-51 the expression is \u201cat any athletic contest or other public place.\u201d This statute grew out of legislative authorization of the sale of liquor in ABC stores, and sought to restrict its use after purchase. The last part of the statute was designed to prohibit drunkenness and public display of liquor at football games and other athletic contests. \u201cOther public place\u201d was added, unquestionably, to prevent a too narrow construction of the term, \u201cat any athletic contest,\u201d and not for the purpose of including public places of all kinds. \u201cOther public place\u201d follows the specific designation \u201cathletic contest.\u201d The word \u201cother\u201d commonly occurs \"in a-general expression, following specific designations, in statutes where the ejusdem generis rule is applied. G.S. 14-335 was intended for general, application in the localities affected. \u201cPublic place\u201d does not follow the terms \u201cpublic highway\u201d and \u201cmeeting,\u201d in the wording of this statute. It is inserted between them, and is a coordinate term, and must be given effect.\nAs used in statutes relating to drunkenness, \u201cpublic place\u201d means a place which in point of fact is public as distinguished from private, but not necessarily a place devoted solely to the uses of the public, a place that is visited by many persons and to which the neighboring public may have resort, a place which is accessible to the public and visited by many persons. Ellis v. Archer, 161 N.W. 192; People v. Lane, 32 N.Y.S. 2d 61. A mercantile establishment and the premises thereof is a public place during business hours when customers are coming and going.\nA peace officer may arrest without a warrant when the person to be arrested has committed a misdemeanor in the presence of the officer or when the peace officer has reasonable grounds to believe that the person to be arrested has committed a misdemeanor in his presence. G.S. 15-41 (a). Under the evidence in the instant case the question whether defendant committed a misdemeanor in the presence of the officer, or the officer had reasonable grounds to believe he did, is for the jury.\nThe motion for nonsuit was properly overruled.\n\u2014 II \u2014\nG.S. 14-223 provides: \u201cIf any person shall wilfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a misdemeanor.\u201d Defendant is prosecuted for violation of this statute.\nThe prosecution originated in the Recorder\u2019s Court of Craven County and defendant was tried in that court on a warrant charging as follows (omitting formalities):\n\u201c. . . at and in said County of Craven, ... on or about the 28th day of March, 1964, Willie Guy Fenner, did unlawfully and willfully resist, delay and obstruct a public officer, to wit: S. Bruce Edwards, a deputy sheriff of Craven County, North Carolina, while the said S. Bruce Edwards, D. S., was attempting to discharge and was discharging the duties of his office, to wit: placing the defendant, Willie Guy Fenner, under arrest and attempting to .take him into custody and transport his person to the Craven County Jail, by threatening bodily harm to said officer, refusing to accompany said officer to said Jail, and attempting to escape from the custody of said officer, . . .\u201d\nDefendant pleaded not guilty. From' an adverse verdict and judgment pursuant thereto defendant appealed to the superior court. In superior court the judge allowed the State to amend the warrant as follows:\n\u201cDid unlawfully and willfully resist, delay and obstruct a public officer, to wit: S. Bruce Edwards, a Deputy Sheriff of Craven County, North Carolina, while he, the said S. Bruce Edwards, was attempting to discharge and was discharging the duties of his office,-to wit: while the said officer was arresting the said Willie Guy Fenner for the offense of unlawfully and willfully being found drunk and intoxicated at a public place, to wit: at Beleather Fisher\u2019s Service Station, in violation of N. C. General Statute, Section 14-335, which said offense was then and there being committed in the presence of said officer, by pulling away from, and cursing said officer and threatening said officer with his fist,\u201d\nDefendant noted an exception, after judgment moved that judgment be arrested, and now assigns as error the allowance of the amendment and denial of the motion. In this connection, defendant contends: (1) The warrant upon which he was tried in recorder\u2019s court was insufficient, defective and invalid; (2) the jurisdiction of the superior court was derivative and the judge was without authority to allow an amendment; and (3) the amendment allowed charges a different criminal offense from that charged in the original warrant.\n(1). A warrant charging a violation of G.S. 14-223 must, in addition to formal parts, the name of accused, the date of the offense and the county or locality in which it was alleged to have been committed, (a) identify by name the person alleged to have been resisted, delayed or obstructed, and describe his official character with sufficient certainty to show that he was a public officer within the purview of the statute, (b) indicate the official duty he was discharging or attempting 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 original warrant in the case at bar, we are of the opinion that defendant was tried in recorder\u2019s court upon a proper, sufficient and valid warrant. Compare the warrant in State v. Taft, 256 N.C. 441, 124 S.E. 2d 169.\n(2). As a' general proposition the superior court, on an appeal from a recorder\u2019s court or other inferior court upon a conviction of a misdemeanor, has power to allow an amendment to the warrant, provided the charge as amended does not change the offense with which defendant was originally charged. G.S. 7-149, Rule 12; State v. Thompson, 233 N.C. 345, 64 S.E. 2d 157; State v. Carpenter, 231 N.C. 229, 56 S.E. 2d 713; State v. Brown, 225 N.C. 22, 33 S.E. 2d 121. Defendant contends that this general rule does not apply here for the reason that the Recorder\u2019s Court of Craven County has exclusive original jurisdiction of all misdemeanors committed within the county (G.S. 7-64; G.S. 7-222; State v. Morgan, 246 N.C. 596, 99 S.E. 2d 764), the jurisdiction of the superior court, on appeal from the recorder\u2019s court, is wholly derivative, and the superior court must take the case, including the warrant,-as it finds it. We think that defendant has misinterpreted certain language of the opinion in State v. Perry, 254 N.C. 772, 119 S.E. 2d 865. It is true that the jurisdiction of the superior court over defendant and the subject-matter of the action is wholly derivative. But the amendment of the warrant is a procedural matter. We dealt with the exact question here presented in State v. Wilson, 227 N.C. 43, 40 S.E. 2d 449. That case originated in a municipal county court of Guilford County which had exclusive original jurisdiction of the misdemeanor involved. The Court said: \u201cAt the trial in Superior Court, on an appeal from an inferior court having exclusive original jurisdiction, the solicitor may amend the warrant, S. v. Patterson, 222 N.C. 179, 22 S.E. (2d), 267, S. v. Brown, 225 N.C. 22, S. v. Grimes, 226 N.C. 523, or he may put the defendant on trial under a bill of indictment, charging the same offense, returned in the case. S. v. Razook, 179 N.C. 708, 103 S.E. 67; S. v. Thornton, 136 N.C. 610; S. v. Crook, 91 N.C. 536; S. v. Quick, 72 N.C. 241. The appeal vests the jurisdiction in the court. Thereafter all questions of procedure and pleadings, including the form in which the charge is to be stated, come within the purview of the presiding judge.\u201d State v. Dove, 261 N.C. 366, 134 S.E. 2d 683; State v. Perry, supra; and State v. Morgan, supra, cited and relied on by defendant, involve an entirely different question of law and do not support defendant\u2019s position.\n(3). The amendment does not change the offense with which defendant is charged in the original warrant. It is in the nature of a bill of particulars, and charges the violation of G.S. 14-223 in more detail. It does not, as defendant suggests, require him to defend against the additional charge of having violated G.S. 14-335. It was incumbent upon the State to satisfy the jury from the evidence beyond a reasonable doubt that defendant violated G.S. 14-335 in the presence of the officer, or that the officer had reasonable grounds to believe the defendant had done so, in order to establish the authority and duty of the officer to make the arrest without a warrant. G.S. 15-41 (a). This the State would have been required to do under the original warrant. The reference in the amendment to G.S. 14-335 neither adds to nor subtracts from the State\u2019s burden. It does not change defendant\u2019s position in any wise.\n\u2014 Ill \u2014\nDefendant contends that the judge, in charging the jury, did not comply with the requirements of G.S. 1-180 in that he failed to fully explain to the jury the law with respect to G.S. 14-335. Specifically, he complains of the definitions given of the words and expressions, \u201cpublic place,\u201d \u201cdrunk\u201d and \u201cintoxicated or intoxication.\u201d The judge defined these terms in strict accord with the definitions appearing in Black\u2019s Law Dictionary, and applied these definitions to the facts in the instant case. In this we find no error. The definition of public place is in substantial accord with that heretofore set out in this opinion. The definition of \u201cdrunk\u201d complies with that approved and adopted by this Court. State v. Painter, 261 N.C. 332, 134 S.E. 2d 638; Wilson v. Casualty Co., 210 N.C. 585, 188 S.E. 2d 102. Black\u2019s Law Dictionary cites the latter case. This Court has said that \u201cdrunk\u201d and \u201cintoxicated\u201d are synonymous terms. S. v. Painter, supra. The dictionary definition of \u201cintoxication\u201d casts a' greater burden on the State than the definition adopted by this Court, and is therefore not prejudicial to defendant.\nDefendant made several assignments of error which were not brought forward and discussed in his brief. Therefore, they are deemed abandoned. Rule 28, Rules of Practice in the Supreme Court, 254 N.C. 810. Nevertheless we have carefully considered them; we find in them no prejudicial error.\nNo error.", "type": "majority", "author": "Moobe, J." } ], "attorneys": [ "Attorney General Bruton and Assistant Attorney General Bullock for the State.", "Reginald L. Frazier, Samuel S. Mitchell and J. LeVonne Chambers for defendant." ], "corrections": "", "head_matter": "STATE v. WILLIE GUY FENNER.\n(Filed 24 February, 1965.)\n1. Statutes \u00a7 5\u2014\nThe doctrine of ejusdem, generis, wben applicable, requires that general words of a statute which follow a designation of particular subjects or things be restricted by the particular designations to things of the same kind, character and nature as those specifically enumerated.\n2. Same\u2014\nThe doctrine of ejusdem generis is but a rule of construction to aid in ascertaining the legislative intent and may not be used .to defeat the legislative will, and the rule does not apply to restrict the operation of a general expression when such expression and the specific things enumerated have no common characteristic.\nS. Disorderly Conduct and Public Drunkenness\u2014\nThe doctrine of ejusdem generis does not apply to G.S. 14-335, and the statute applies to drunkenness at any public place and is not limited to a public highway or meeting.\n4. Same\u2014\n\u201cPublic place\u201d within the purview of G.S. 14-335 is not limited to places devoted solely to uses of the public but includes any place visited by many persons and to which the neighboring public may have resort, and a mercantile establishment during business hours is such a public place.\n5. Arrest and Bail \u00a7 6\u2014\nA peace officer may arrest without a warrant when the person to be arrested has committed a misdemeanor in the presence of the officer or when the officer has reasonable grounds to believe that the person to be arrested has committed a misdemeanor in his presence. G.S. 15-41 (a).\n6. Arrest and Bail \u00a7 3\u2014\nWhere the evidence shows that defendant was drunk and disorderly at a public place, it raises for the jury the question of whether an officer present at .the time had reasonable ground to believe that defendant had committed a misdemeanor in his presence.\n7. Arrest and Bail \u00a7 6\u2014\nA warrant for resisting arrest must allege the identity of the officer alleged to have been resisted and describe his official character with sufficient certainty to show that he is a public officer, and indicate the official duties the officer was discharging or attempting to \u2022 discharge, and state in a general way the manner in which defendant. resisted, delayed or obstructed the officer. The warrant in this case is held to meet these requirements.\n8. Indictment and Warrant \u00a7 12\u2014\nThe Superior Court on appeal from an inferior court has the power to allow an amendment to the warrant provided the amendment does not change the offense with which defendant was originally charged, and this rule applies even though the inferior court has exclusive original jurisdiction of the offense, since the amendment in such instance relates only to procedural matters.\n9. Arrest and Bail \u00a7 6\u2014\nWhere a warrant charging resisting arrest is amended by asserting the offense defendant was committing in the presence of the officer, the amendment does not alter in any way the charge, since irrespective the amendment the State would have the burden of showing the offense defendant was committing in the presence of the officer so as to establish that the arrest was lawful.\n10. Disorderly Conduct and Public Drunkenness\u2014\nThe charge in this prosecution for violation of G.S. 14-335 is held to define correctly the words \u201cdrunk,\u201d \u201cintoxicated\u201d and \u201cintoxication,\u201d and to define a public place within the purview of the statute.\n11. Criminal Law \u00a7 159\u2014\nAssignments of error not brought forward and discussed in the brief are deemed abandoned. Rule of Practice in the Supreme Court No. 28.\nAppeal by defendant from Morris, J., November 16, 1964, Session Of CRAVEN.\nThis is a criminal action in which defendant is charged with the violation of G.S. 14-223, entitled \u201cResisting Officers.\u201d\nPlea: Not guilty. Verdict: Guilty. Judgment: Imprisonment for a term of 12 months.\nAttorney General Bruton and Assistant Attorney General Bullock for the State.\nReginald L. Frazier, Samuel S. Mitchell and J. LeVonne Chambers for defendant." }, "file_name": "0694-01", "first_page_order": 732, "last_page_order": 740 }