State v. Cooper, 721.

• Decision Date: 01 March 1944
• Docket Number: No. 721.,721.
• Citation: 224 N.C. 100,29 S.E.2d 18
• Parties: STATE. v. COOPER.
• Court: North Carolina Supreme Court

29 S.E.2d 18

224 N.C. 100

STATE.

v.COOPER.

No. 721.

Supreme Court of North Carolina.

March 1, 1944.

Error from Superior Court, Forsyth County; H. Hoyle Sink, Judge.

James Cooper, on appeal from a judgment of conviction in the municipal court under a warrant charging reckless driving, was convicted upon a plea of guilty of "violating traffic", and brings certiorari in the nature of a writ of error.

Error.

Criminal prosecution tried at January 10, 1944, term of Superior Court of Forsyth before Sink, J., on appeal thereto from judgment of Municipal court of the city of Winston Salem upon conviction under warrant charging reckless driving of motor vehicle.

Plea: Guilty of "violating traffic".

Judgment: That defendant surrender his driver's license to the clerk of Superior Court and not operate a motor vehicle for twelve (12) months, and pay a fine of $25.-00 and the costs.

Harry M. McMullan, Atty. Gen., for the State.

Felix L. Webster, of Winston-Salem, for defendant.

WINBORNE, Justice.

In the civil action of James Cooper, as plaintiff, against T. Boddie Ward, Commissioner of Motor Vehicles of North Carolina, as defendant, 29 S.E.2d 17, the parties consented on hearing in this Court that the complaint might be considered as an application for writ of certiorari in the nature of a writ of error to bring up for review the record in this criminal prosecution as it appears in the Superior Court of Forsyth County. The application is allowed on authority of State v. Lawrence, 81 N.C. 522, and State v. Green, 85 N.C. 600, and in accordance with pronouncements set forth in State v. Tripp, 168 N.C. 150, 83 S.E. 630; State v. Stamey, 209 N. C. 581, 183 S.E. 736; and State v. Moore, 210 N.C. 686, 188 S.E. 421, where further authorities are assembled and the subject treated.

A duly certified copy of the record in the Superior Court has been filed in this Court and is considered as a return to the writ. •The record discloses that at the January 10, 1944, term of Superior Court of Forsyth County, defendant James Cooper, having appealed thereto from judgment of the Municipal court of the city of Winston Salem upon conviction under warrant charging him with reckless driving of motor vehicle on 3 January, 1944, pleaded "guilty to violating traffic", and that thereupon the court entered judgment as hereinabove indicated. Defendant contends that so much of the judgment as requires him to surrender his driver's license and not operate a motor vehicle for a period of twelve months is void for want of jurisdiction. He relies upon provisions of the Uniform Driver's License Act, P.L.1935, Chapter 52, as amended by P.L.1941, Chapter 36, G.S. 20, Art. 2, and the decision of this Court in the case of State v. McDaniels, 219 N.C. 763, 14 S.E.2d 793.

In the McDaniels case, which originated prior to 1 July, 1941, the effective date of Chapter 36 of Public Laws 1941, by which the department of motor vehicles was created and vested with power theretofore existing in the...