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STATE v. DOBBINS

No. 7028SC411.

176 S.E.2d 353 (1970)

9 N.C. App. 452

STATE of North Carolina v. Preston Eugene DOBBINS.

Court of Appeals of North Carolina.

September 16, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Attys. Gen. William W. Melvin and T. Buie Costen, for the State.

Chambers, Stein, Ferguson & Lanning, by James E. Ferguson, II, Charlotte, and Robert Harrell, Asheville, for defendant appellant.

BRITT, Judge.

By his assignments of error defendant contends, inter alia: (1) The action of the Mayor of the City of Asheville in declaring a state of emergency and imposing a city-wide curfew for the night of 30 September 1969 violated defendant's rights guaranteed by the First Amendment to the U. S. Constitution. (2) The statutory scheme of Chapter 14, Art. 36A, of the General Statutes of North Carolina is unconstitutional in contravention of the First, Fourth...

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