STATE v. CHESTNUTT

No. 436.

85 S.E.2d 297 (1955)

241 N.C. 401

STATE v. James F. CHESTNUTT, Bill Collins, Roy Wall, Jr.

Supreme Court of North Carolina.

January 14, 1955.


Attorney(s) appearing for the Case

Huger S. King, Greensboro, for defendants-appellants.

Atty. Gen. Harry McMullan, Asst. Atty. Gen. Ralph Moody, and Charles G. Powell, Jr., and Gerald F. White, Members of Staff, Raleigh, for the State.


BOBBITT, Justice.

Each warrant adopts the phraseology of Ch. 177, Session Laws of 1949, which, in defining the conduct declared to constitute a misdemeanor, provides: "Section 1. It shall be unlawful for any person, firm, or corporation to engage in, promote, or in anywise participate in any motorcycle or other motor vehicle race or races on Sunday in Wake County, North Carolina."

It is noteworthy that the warrant uses the conjunctive "and" where the statute...

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