IN RE MAY

No. 566A02.

584 S.E.2d 271 (2003)

357 N.C. 423

In the Matter of Margaret Kay MAY, DOB: 06-19-89.

Supreme Court of North Carolina.

August 22, 2003.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Kathleen U. Baldwin, Assistant Attorney General, for the State-appellant.

Staples Hughes, Appellate Defender, by Anne M. Gomez, Assistant Appellate Defender, for juvenile-appellee.


BRADY, Justice.

The dispositive issue presented for review is whether the evidence presented at the hearing was sufficient to establish that an altercation in which the juvenile participated occurred in a location that satisfies the requisite "public place" element of the commonlaw criminal offense of affray. We conclude that the evidence fails to establish that the juvenile's conduct occurred in a qualifying "public place," and, as a consequence, we affirm the decision...

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