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STATE v. GILBERT

No. 7610SC168.

226 S.E.2d 229 (1976)

30 N.C. App. 130

STATE of North Carolina v. Joseph O. GILBERT.

Court of Appeals of North Carolina.

July 7, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Charles M. Hensey and Associate Atty. Cynthia J. Zeliff, Raleigh, for the State.

L. Philip Covington, Garner, for defendant.

Walter L. Horton, Jr., Raleigh, on the amicus curiae brief of the City of Raleigh.

BROCK, Chief Judge.

The disposition of this appeal is governed by the principles declared in State v. Harrell, 279 N.C. 464, 183 S.E.2d 638 (1971).

As in Harrell, it may be that the district court judge in the present case only intended to declare the City Code unconstitutional as applied. However, he went further and found defendant "not guilty." The district court had exclusive...

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