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STATE v. McGRAW

No. 363.

105 S.E.2d 659 (1958)

249 N.C. 205

STATE v. R. F. McGRAW.

Supreme Court of North Carolina.

November 19, 1958.

Attorney(s) appearing for the Case

Baxter H. Finch and Raymer & Raymer, Statesville, for defendant appellant.

Atty. Gen. Malcolm B. Seawell and Asst. Atty. Gen. T. W. Bruton, for the State.

RODMAN, Justice.

Acting contrary to the provisions of a municipal ordinance is made a misdemeanor by statute, G.S. § 14-4. Notwithstanding the all-inclusive language of the statute, guilt must rest on the violation of a valid ordinance. If the ordinance is not valid, there can be no guilt. State v. Abernethy, 190 N.C. 768, 130 S.E. 619; State v. Prevo, 178 N.C. 740, 101 S.E. 370.

Defendant admits he acted as charged. He denies the power of the town to...

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