STATE v. HOWELL

No. 7221DC831.

193 S.E.2d 418 (1972)

16 N.C. App. 707

STATE of North Carolina v. Billy H. HOWELL and Penny Phipps.

Court of Appeals of North Carolina.

December 20, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. Ruth G. Bell, for the State, appellee.

Deal, Hutchins & Minor by William Kearns Davis, Winston-Salem, for defendant appellant, Billy H. Howell.

Moore & Green by Thomas W. Moore, Jr., Winston-Salem, for defendant appellant, Penny Phipps.


PARKER, Judge.

Defendants have been charged with violation of G.S. § 5-8, which grants to every court of record power to punish certain conduct as for contempt "when the act complained of was such as tended to defeat, impair, impede, or prejudice the rights or remedies of a party to an action then pending in court." In our opinion the evidence in the present case falls short of being sufficient to support the trial court's finding that defendants violated this...

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