State v. Covington, 7710SC328
| Docket Nº | No. 7710SC328 |
| Citation | 34 N.C.App. 457, 238 S.E.2d 794 |
| Case Date | November 16, 1977 |
| Court | Court of Appeal of North Carolina (US) |
Page 794
v.
Herdis C. COVINGTON, Jr.
Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.
Gary S. Lawrence and Maupin, Taylor & Ellis by Albert R. Bell, Jr., Raleigh, for defendant-appellant.
Page 796
BROCK, Chief Judge.
Defendant first assigns as error the trial court's denial of his motion to dismiss the charges on the grounds that N.C.G.S. Chapter 89 is unconstitutional on its face. Specifically, defendant argues that the definition of the term "practice of professional engineering" is overly broad, vague and ambiguous, and fails adequately to apprise the defendant and others of what conduct is in violation of the statute, in contravention of defendant's rights to due process of law.
[34 N.C.App. 459] At the outset we note that defendant purports to challenge the statute for vagueness and overbreadth. These are two distinct doctrines of constitutional law, with the overbreadth doctrine primarily applicable in the first amendment area. See Annot. 45 L.Ed.2d 725 (1976). Yet the substance of defendant's argument relates only to considerations under the vagueness doctrine, and thus we do not consider any questions of overbreadth.
N.C.G.S. Chapter 89, under which defendant was prosecuted, has been repealed and replaced by new Chapter 89C; however, it is Chapter 89 with which we are concerned. The pertinent sections of Chapter 89 which define the practice of professional engineering are as follows:
G.S. 89-2
"(6) The term 'practice of professional engineering' within the meaning and intent of this Chapter shall mean any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, investigation, evaluation, planning, design, and supervision of construction for the purpose of assuring compliance with specifications and design, in connection with any public or private utilities, structures or building incidental to machines, equipment, processes, works or projects, . . . ."
"A person shall be construed to practice engineering, within the intent and meaning of this Chapter, who practices or offers to practice any branch of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be, or capable of being, an engineer, or through the use of some other title implies that he is an engineer; or who does perform any engineering service or work or professional service recognized by the profession as engineering.
(7) The term 'professional engineer' within the meaning and intent of this Chapter shall mean a person who, by reason of his special knowledge of the mathematical, physical and engineering sciences, and the principles and methods of engineering analysis and design, acquired by professional [34 N.C.App. 460] education, and/or practical experience, is qualified to engage in the practice of professional engineering as hereinafter defined, as attested by his legal registration as a professional engineer."
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Rhyne v. K-Mart Corp., COA00-1516.
...provides inadequate warning as to the conduct it governs or is incapable of uniform judicial administration." State v. Covington, 34 N.C.App. 457, 238 S.E.2d 794 (1977), disc. rev. denied, 294 N.C. 184, 241 S.E.2d 519 "Impossible standards of clarity are not required by the constitution." L......
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Biggers, In re, 8019DC447
...statute provides inadequate warning as to the conduct it governs or is incapable of uniform judicial administration. State v. Covington, 34 N.C.App. 457, 238 S.E.2d 794, review denied, 294 N.C. 184, 241 S.E.2d 519 (1977). Respondent cannot meet this burden with respect to G.S. 7A-289.32(2) ......
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Olivetti Corp. v. Ames Business Systems, Inc., 8526SC1129
...hand. 16 Am.Jur.2d, Constitutional Law § 173 (1979). See also In re Biggers, 50 N.C.App. 332, 274 S.E.2d 236 (1981); State v. Covington, 34 N.C.App. 457, 238 S.E.2d 794 (1977), disc. rev. denied, 294 N.C. 184, 241 S.E.2d 519 (1978). Clearly, the language of G.S. § 75-1.1 provides adequate n......
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Huber, In re, 8126DC752
...statute provides inadequate warning as to the conduct it governs or is incapable of uniform judicial administration. State v. Covington, 34 N.C.App. 457, 238 S.E.2d 794, review denied, 294 N.C. 184, 241 S.E.2d 519 Our Court has not found it difficult to give a precise meaning to this defini......
-
Rhyne v. K-Mart Corp., COA00-1516.
...provides inadequate warning as to the conduct it governs or is incapable of uniform judicial administration." State v. Covington, 34 N.C.App. 457, 238 S.E.2d 794 (1977), disc. rev. denied, 294 N.C. 184, 241 S.E.2d 519 "Impossible standards of clarity are not required by the constitution." L......
-
Biggers, In re, 8019DC447
...statute provides inadequate warning as to the conduct it governs or is incapable of uniform judicial administration. State v. Covington, 34 N.C.App. 457, 238 S.E.2d 794, review denied, 294 N.C. 184, 241 S.E.2d 519 (1977). Respondent cannot meet this burden with respect to G.S. 7A-289.32(2) ......
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Olivetti Corp. v. Ames Business Systems, Inc., 8526SC1129
...hand. 16 Am.Jur.2d, Constitutional Law § 173 (1979). See also In re Biggers, 50 N.C.App. 332, 274 S.E.2d 236 (1981); State v. Covington, 34 N.C.App. 457, 238 S.E.2d 794 (1977), disc. rev. denied, 294 N.C. 184, 241 S.E.2d 519 (1978). Clearly, the language of G.S. § 75-1.1 provides adequate n......
-
Huber, In re, 8126DC752
...statute provides inadequate warning as to the conduct it governs or is incapable of uniform judicial administration. State v. Covington, 34 N.C.App. 457, 238 S.E.2d 794, review denied, 294 N.C. 184, 241 S.E.2d 519 Our Court has not found it difficult to give a precise meaning to this defini......