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SMITH v. HAUSER

No. 403.

138 S.E.2d 505 (1964)

262 N.C. 735

Willie SMITH v. Fred HAUSER, E. G. Lackey, Bess Warren, Sol Coltrane and Jack Covington, Members of the Forsyth County Board of Commissioners, and E. G. Shore, Sheriff of Forsyth County.

Supreme Court of North Carolina.

November 4, 1964.

Attorney(s) appearing for the Case

Hatfield & Allman and Roy G. Hall, Jr., Winston-Salem, for plaintiff appellant.

Roddey M. Ligon, Jr., for defendant appellees.

PER CURIAM.

The cause, which was before Judge Brock for final hearing, was submitted upon an agreed statement of facts.

If, as plaintiff' asserts, the statutory provisions relied on by the Board of Commissioners of Forsyth County as authority for their resolution of April, 1964, are unconstitutional and therefore void, plaintiff has an adequate remedy at law in that he has a complete defense to a criminal prosecution...

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