RADFORD v. WEBB

No. 78-6148.

596 F.2d 1205 (1979)

V. M. RADFORD, Appellee, v. Honorable A. A. WEBB, Judge of the General Court of Justice of Union County, North Carolina, District Court Division, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 25, 1979.


Attorney(s) appearing for the Case

Marvin Schiller, Asst. Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N.C., on brief), for appellant.

George S. Daly, Jr., Charlotte, N.C. (Hugh G. Casey, Jr., Charlotte, N.C., on brief), for appellee.

Before WINTER, BUTZNER and RUSSELL, Circuit Judges.


PER CURIAM:

After consideration of the record and the arguments of the parties, both oral and written, we think that the district court correctly granted a writ of habeas corpus. The district court held that §§ 14-196(a)(1) and (2), N.C.Gen.Stat. (1969), under which petitioner was convicted, violated the first amendment to the Constitution of the United States and were therefore invalid. These statutes proscribe profane, vulgar, lewd and threatening communications...

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