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STATE v. STEWART

No. 2.

80 S.E.2d 636 (1954)

239 N.C. 589

STATE v. STEWART.

Supreme Court of North Carolina.

March 17, 1954.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and Gerald F. White, Raleigh, Member of Staff, for the State.

E. R. Woodard, Currituck, for defendant, appellee.

Lucas, Rand & Rose, Wilson, John B. McMullan, Elizabeth City, Wilton F. Walker, Jr., Currituck, and John G. Dawson, Kinston, as amici curiae.

BOBBITT, Justice.

Is Ch. 541, Session Laws of 1949, void as being in violation of limitations upon legislative power imposed by the Constitution of North Carolina? This is the question presented for decision. Upon the authority of the decision in State v. Felton, N.C., 80 S.E.2d 625, the defendant's demurrer should have been overruled. Accordingly, the judgment of the lower court is

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