STATE v. BARKER

No. COA99-798.

531 S.E.2d 228 (2000)

STATE of North Carolina, Appellant, v. James Robert BARKER; Martin Frederick Beaver, III; George Albert Dugay, III; Richard John Harris; Cynthia Marie Harrison; Henry W. Harrison, IV; Glenn Eugene Harvey; John Darrell Latham; Jeanette Lynne Seiler; Wendell Mark Seiler; Kenneth Barry Smith; Appellees.

Court of Appeals of North Carolina.

June 6, 2000.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Assistant Attorney General Jeffrey R. Edwards, for the State.

Johnson & Donat, by Robert A. Donat, Matthews, for respondent appellees.


HORTON, Judge.

The State contends that the trial court erred in granting respondents' motion to dismiss because respondents did not have standing to challenge the statute on grounds that it is unconstitutionally vague. We agree, and reverse the ruling of the trial court.

"It is well established that vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the facts of the case at hand." United States...

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