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STATE v. BYRD

No. 435.

130 S.E.2d 55 (1963)

259 N.C. 141

STATE v. Carvus A. BYRD, Jr.

Supreme Court of North Carolina.

March 27, 1963.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and J. F. Bullock, Asst. Atty. Gen., for the State.

Charles F. Blanchard, Raleigh, for defendant-appellee.

BOBBITT, Justice.

In Eastern Carolina Tastee-Freez, Inc. v. Raleigh, 256 N.C. 208, 123 S.E.2d 632, filed January 12, 1962, the ordinance provision then considered provided: "No ice cream shall be peddled along the streets and/or sidewalks of the city from push carts or other vehicles or in any other manner." This ordinance provision was held in conflict with general State law and therefore invalid...

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