MATTER OF JOHNSON

No. 793SC541.

263 S.E.2d 805 (1980)

In the Matter of Tempie J. JOHNSON.

Court of Appeals of North Carolina.

March 18, 1980.


Attorney(s) appearing for the Case

Beaman, Kellum, Mills & Kafer by Charles William Kafer, New Bern, for respondent-appellant.

Ward & Smith by Michael P. Flanagan, New Bern, for petitioner-appellee.


CLARK, Judge.

We consider first the respondent's argument that the trial court erred in denying her motion for directed verdict at the close of all the evidence. In doing so we think it appropriate to make some analysis of the statutory scheme (North Carolina General Statutes, Ch. 35, Art. 7, effective 1 January 1975), for involuntary sterilization of persons who are mentally ill or mentally retarded.

Procreation, together with marriage and marital privacy...

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