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SHORE v. EDMISTEN

No. 53.

227 S.E.2d 553 (1976)

290 N.C. 628

Joseph P. SHORE, Clerk of the Superior Court of Guilford County, North Carolina v. Rufus L. EDMISTEN, Attorney General for the State of North Carolina, et al.

Supreme Court of North Carolina.

September 1, 1976.

Attorney(s) appearing for the Case

Jesse L. Warren, City Atty., and Dale Shepherd, Deputy City Atty., Greensboro, for appellant City of Greensboro.

Fred M. Upchurch, Greensboro, for Joseph P. Shore, Clerk of the Superior Court of Guilford County, plaintiff appellee.

John W. Hardy, Greensboro, for The Guilford County Board of Education, defendant appellee.

EXUM, Justice.

Judge Walker properly concluded that all fines must go to Guilford County for the use of the public schools and as to all but one of the judgments properly concluded that the payments ordered were indeed fines. As to one judgment (State v. Rogers, Exhibit HH) he erred in holding that the payment in question was a "fine" in the constitutional sense. We conclude, for reasons hereinafter stated, that the money ordered to be paid in the Rogers judgment...

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