#### STATE OF NORTH CAROLINA v. JACK FESPERMAN.

(Filed 7 April, 1965.)

Appeal by the State from Latham, S.J., 14 December 1964 Conflict Criminal Session of MecicleNburg.

The defendant was charged in Bill of Indictment No. 42959 with having wilfully failed and refused to discharge one of his official duties as a police officer of the City of Charlotte, North Carolina, said duty being to-wit: “the arrest of Mary Trapp for setting up, maintaining and operating a place, structure and building for the purpose of prostitution and assignation, all to the knowledge of Jack Fesperman and to the injury of the public and the people of the City of Charlotte, North Carolina, all in violation of his oath and of his public duty,” et cetera.

The defendant was charged in Bill of Indictment No. 42932 with having corruptly and wilfully failed to discharge one of his official duties with respect to the same matters set forth in Bill No. 42959.

The defendant moved to quash these bills on the same grounds set out in the case of S. v. Hord, filed this day, ante 149. The motion was allowed as to both bills, and the State appeals pursuant to the provisions of G.S. 15-179, and assigns error.

Attorney General Bruton, Deputy Attorney General Harry W. Mc-Galliard, Asst. Attorney General James F. Bullock for the State, appellant.

Carswell & Justice for defendant appellee.

PER Curiam.

On authority of S. v. Hord, ante 149, we hold that a duly appointed policeman of the City of Charlotte, North Carolina, is an officer of said City within the meaning of G.S. 14-230.

The motion to quash, allowed by the court below, will be upheld for the reasons set out in the Hord case.

Affirmed.