STATE v. JOYNER

No. 112.

211 S.E.2d 320 (1975)

286 N.C. 366

STATE of North Carolina v. Roy JOYNER.

Supreme Court of North Carolina.

January 31, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Richard N. League, Asst. Atty. Gen., Raleigh, for the State.

Craige, Brawley by C. Thomas Ross, Winston-Salem, for defendant-appellant.


MOORE, Justice.

Defendant assigns as error the failure of the trial court to quash the warrant on the ground that the ordinance on which it is based is unconstitutional.

A defendant charged with a violation of an ordinance may challenge the constitutionality of such ordinance by a motion to quash the warrant since there can be no sufficient statement of a criminal offense in a charge of violation of an unconstitutional statute or ordinance. State v. Atlas...

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