STATE v. AVENT

No. 649.

137 S.E.2d 161 (1964)

262 N.C. 425

STATE v. John Thomas AVENT. STATE v. Lacy Carrole STREETER. STATE v. Frank McGill COLEMAN. STATE v. Shirley Mae BROWN. STATE v. Donovan PHILLIPS. STATE v. Callis Napolis BROWN. STATE v. Joan Harris NELSON.

Supreme Court of North Carolina.

July 10, 1964.


Attorney(s) appearing for the Case

"Jack Greenberg [New York City], argued the cause for petitioners. With him on the brief were Constance Baker Motley, James M. Nabrit, III [New York City], William A. Marsh, Jr., F. B. McKissick, C. O. Pearson, W. G. Pearson, M. Hugh Thompson [Durham, N.C.], William T. Coleman, Jr. [Philadelphia, Pa.], William R. Ming, Jr., [Chicago, Ill.], Louis H. Pollak [New York City], Joseph L. Rauh, [Jr.], and Herbert O. Reid [Washington, D. C.].

"Ralph Moody, Assistant Attorney General of North Carolina argued the cause for respondent. With him on the brief was T. W. Bruton, Attorney General.

"Solicitor General [Archibald] Cox, by special leave of Court, argued the cause for the United States, amicus curiae, urging reversal. With him on the brief were Assistant Attorney General [Burke] Marshall, Ralph S. Spritzer, Louis F. Claiborne, Harold H. Greene, Howard A. Glickstein [Washington, D. C.], and Richard K. Berg [Falls Church, Va.]"

William A. Marsh, Jr., F. B. McKissick, C. O. Pearson, W. G. Pearson, M. Hugh Thompson, Durham, for appellants.

T. W. Bruton, Atty. Gen., Ralph Moody, Asst. Atty. Gen., Raleigh, for appellee.


PARKER, Justice.

In Peterson v. Greenville, 373 U.S. 244, 83 S.Ct. 1119, 10 L.Ed.2d 323, ten defendants were convicted in the recorder's court of the city of Greenville, South Carolina, for violating the trespass statute of that State. Each defendant was convicted and sentenced to pay a fine of $100, or in lieu thereof to be confined in jail for 30 days. An appeal to the Greenville county court was dismissed, and the Supreme Court of...

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