State v. Blacknell, 418
| Decision Date | 12 April 1967 |
| Docket Number | No. 418,418 |
| Citation | 270 N.C. 103,153 S.E.2d 789 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. Joseph Daniel BLACKNELL. |
Thomas Wade Bruton, Atty. Gen., William W. Melvin, Asst. Atty. Gen., T. Buie Costen, Raleigh, Staff Atty., for the State.
Hubert H. Senter, Franklinton, for defendant.
Defendant was first tried in the Mayor's Court of Franklinton upon a warrant which charged: 'On Fri. the 11 day of Sept., 1964, at 4:45 PM in Franklin County in the vicinity of Franklinton (1 M E) on RP 1211, Joseph D. Blacknell did unlawfully and willfully operate a motor vehicle upon the public streets or highways . . . (X) By driving while license has been suspended.' The warrant purports to have been issued by M. O. Perry, Deputy Clerk of the Franklinton Court. See N.C.Priv.Laws 1905, ch. 92; N.C.Sess.Laws 1947, ch. 1095; N.C.Sess.Laws 1953, ch. 333; N.C.Sess.Laws 1959, ch. 750. The jury returned a verdict of guilty as charged; the Mayor imposed a prison sentence of six months; and defendant appealed to the Superior Court, where he was tried de novo.
Evidence for the State tended to show: Three or four days before September 11, 1964, defendant took a letter which had been mailed to him by the North Carolina Department of Motor Vehicles to Maylon Kearney, a police officer of the Town of Franklinton, and asked him what the letter meant. Mr. Kearney explained to defendant that it was notice to him that his driver's license had been revoked for the period specified therein. On September 11, 1964, State Highway Patrolman E. M. Roberts encountered defendant driving a 1963 Ford truck on Rural Paved Road 1211, which runs from Franklinton to Louisburg. The patrolman arrested defendant for driving while his license was suspended and took from him temporary permit $079647.
The State introduced in evidence a certified copy of defendant's 'official record of convictions for violations of motor vehicle laws and departmental actions.' G.S. § 20--42(b); State v. Corl, 250 N.C. 258, 108 S.E.2d 615. This document showed, Inter alia, that defendant's operator's license was 'suspended April 24, 1964, to April 24, 1965.' It also contained this additional information: On cross-examination, Patrolman Roberts testified in answer to defense counsel's questions that defendant's license had been suspended because he had accumulated twelve points; that the quoted entry meant that the Department of Motor Vehicles had received defendant's license by mail on June 11, 1964, and that 'pick up notice served Spt. 11, 1964' had reference to the temporary license which he himself had taken from defendant on that date and mailed to the department.
Defendant, as his only witness, testified that prior to September 11, 1964, he had never received a revocation notice from the Department of Motor Vehicles; that the license which Patrolman Roberts took from him on that date was not a temporary license; and that he had never gone to the police station to talk to Mr. Kearney about any letter. Defendant also said, 'The driver's license that I have now is the same license that I showed Trooper Roberts.'
The jury's verdict was ...
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State v. Teasley
...warrant, and the motion to quash made after the State had rested was addressed to the discretion of the trial judge. State v. Blacknell, 270 N.C. 103, 153 S.E.2d 789 (1967); 4 Strong, N.C. Index 2d, Indictment and Warrant, § 15. The defendant contends that the warrant does not sufficiently ......
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State v. Atwood
...(3) while his operator's license is suspended or revoked. State v. Cook, 272 N.C. 728, 158 S.E.2d 820 (1968); State v. Blacknell, 270 N.C. 103, 153 S.E.2d 884 (1967); N.C.P.I.--Crim. 271.10 (October However, we believe that the legislature also intended that there be actual or constructive ......
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State v. Letterlough, 6919SC157
...237 N.C. 746, 75 S.E.2d 924. For other cases in which somewhat similar 'form' type warrants have been considered, see: State v. Blacknell, 270 N.C. 103, 153 S.E.2d 789; State v. Wells, 259 N.C. 173, 130 S.E.2d 299; State v. Tripp, 236 N.C. 320, 72 S.E.2d 660; State v. Daughtry, 236 N.C. 316......
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State v. Stallings
...if any, incident to the authority of the person who issued the warrant. State v. Matthews, 270 N.C. 35, 153 S.E.2d 791; State v. Blacknell, 270 N.C. 103, 153 S.E.2d 789. The Recorder's Court of Zebulon and Little River Township had jurisdiction of the offense charged in the warrant, and by ......