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STATE v. ELAM

No. 86.

273 S.E.2d 661 (1981)

STATE of North Carolina v. Howard ELAM.

Supreme Court of North Carolina.

January 27, 1981.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by T. Buie Costen, Sp. Deputy Atty. Gen., Raleigh, for the State.

Singleton, Murray, Harlow & Little by James D. Little, Fayetteville, for defendant-appellant.

HUSKINS, Justice:

Defendant, for the first time in the Court of Appeals, argued that G. S. 14-202.1 is unconstitutional. The constitutionality of the statute was not raised in the trial court, and the Court of Appeals therefore declined to discuss the merits of the constitutional arguments, citing State v. Cumber, 280 N.C. 127, 185 S.E.2d 141 (1971), and Bland v. City of Wilmington,...

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