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IN RE SIMMONS

No. 7413DC387.

210 S.E.2d 84 (1974)

24 N.C. App. 28

In the Matter of Felix SIMMONS, minor.

Court of Appeals of North Carolina.

November 25, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. William Woodward Webb, Raleigh, for the State.

James J. Wall, Wilmington, for respondent appellant.

PARKER, Judge.

At the hearing before the District Judge respondent's counsel by timely motions attacked the constitutionality of G.S. § 14-196(a)(1) on the grounds that the statute is vague and overbroad and violates the First and Fourteenth Amendments. The District Judge denied the motions and in this we find no error. G.S. § 14-196(a)(1) is as follows:

"G.S. 14-196(a). It shall be unlawful for any person: "(1) To use in telephonic communications...

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