State v. Dorsett, No. 682--A
| Docket Nº | No. 682--A |
| Citation | 272 N.C. 227, 158 S.E.2d 15 |
| Case Date | December 13, 1967 |
| Court | United States State Supreme Court of North Carolina |
Page 15
v.
George F. DORSETT.
STATE of North Carolina
v.
Larry Franklin DORSETT.
STATE of North Carolina
v.
Tommy YOW.
Page 17
Atty. Gen. T. W. Bruton and Staff Atty. A. A. Vanore, Raleigh, for the state.
Jordan, Wright, Henson & Nichols, Greensboro, for defendant appellees.
BOBBITT, Justice.
Section 13--12 of the Greensboro Code of Ordinances provides:
'(a) Subject to the provisions of this section, the creation of any unreasonably loud, disturbing and unnecessary noise in the city is prohibited. Noise of such character, intensity, and duration as to be detrimental to the life or health of any individual is prohibited.
'(b) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:
(1) Blowing horns. The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle, except as a danger signal, so as to create any unreasonable loud or harsh sound, or the sounding of such device for an unnecessary and unreasonable period of time.
(2) Radios, phonographs, etc. The playing of any radio, phonograph or any musical instrument in such manner or with such volume, particularly during hours between eleven o'clock p.m. and seven o'clock a.m. as to annoy or disturb the quiet, [272 N.C. 229] comfort, or repose of any person in any dwelling, hotel, or other type of residence.
(3) Pets. The keeping of any animal or bird, which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity.
(4) Use of vehicle. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise.
(5) Blowing whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.'
The warrants, in compliance with G.S. § 160--272, sufficiently plead the Greensboro Ordinance on which the criminal prosecutions are based.
In the superior court, defendants asserted, as one of the grounds for their motions to quash the warrants, that the ordinance 'was unconstitutional for vagueness.' However, Judge Crissman expressly declined to rule on this question. Nor has this...
To continue reading
Request your trial
-
State ex rel. Com'r of Ins. v. North Carolina Rate Bureau
...question unless it affirmatively appears that such question was raised and passed upon in the court below." State v. Dorsett & Yow, 272 N.C. 227, 229, 158 S.E.2d 15, 17 (1967) (emphasis in the original). In State v. Cumber, 280 N.C. 127, 185 S.E.2d 141 (1971), the constitutional question wa......
-
State v. Cortes-Serrano, No. COA08-591.
...unless it was raised and passed upon in the court below. State v. Hunter, 305 N.C. 106, 112, 286 S.E.2d 535, 539 (1982); State v. Dorsett, 272 N.C. 227, 229, 158 S.E.2d 15, 17 (1967). Even assuming, arguendo, that defendant adequately preserved the issue for appeal, we have previously held ......
-
State v. Squire, No. 3
...v. Burton, 243 N.C. 277, 90 S.E.2d 390 (1955); State v. Greer, 238 N.C. 325, 77 S.E.2d 917 (1953); State v. Dorsett and State v. Yow, 272 N.C. 227, 158 S.E.2d 15 (1967)." State v. Russell, 282 N.C. 240, 192 S.E.2d 294 (1972). Since the defendants Squire and Brown could not have been lawfull......
-
State v. Russell, No. 48
...v. Burton, 243 N.C. 277, 90 S.E.2d 390 (1955); State v. Greer, 238 N.C. 325, 77 S.E.2d 917 (1953); State v. Dorsett and State v. Yow, 272 N.C. 227, 158 S.E.2d 15 G.S. § 15--153 was enacted many years ago to simplify forms of indictment. (Chapter VI, 1811 Laws of North Carolina.) This statut......
-
State ex rel. Com'r of Ins. v. North Carolina Rate Bureau
...question unless it affirmatively appears that such question was raised and passed upon in the court below." State v. Dorsett & Yow, 272 N.C. 227, 229, 158 S.E.2d 15, 17 (1967) (emphasis in the original). In State v. Cumber, 280 N.C. 127, 185 S.E.2d 141 (1971), the constitutional question wa......
-
State v. Cortes-Serrano, No. COA08-591.
...unless it was raised and passed upon in the court below. State v. Hunter, 305 N.C. 106, 112, 286 S.E.2d 535, 539 (1982); State v. Dorsett, 272 N.C. 227, 229, 158 S.E.2d 15, 17 (1967). Even assuming, arguendo, that defendant adequately preserved the issue for appeal, we have previously held ......
-
State v. Squire, No. 3
...v. Burton, 243 N.C. 277, 90 S.E.2d 390 (1955); State v. Greer, 238 N.C. 325, 77 S.E.2d 917 (1953); State v. Dorsett and State v. Yow, 272 N.C. 227, 158 S.E.2d 15 (1967)." State v. Russell, 282 N.C. 240, 192 S.E.2d 294 (1972). Since the defendants Squire and Brown could not have been lawfull......
-
State v. Russell, No. 48
...v. Burton, 243 N.C. 277, 90 S.E.2d 390 (1955); State v. Greer, 238 N.C. 325, 77 S.E.2d 917 (1953); State v. Dorsett and State v. Yow, 272 N.C. 227, 158 S.E.2d 15 G.S. § 15--153 was enacted many years ago to simplify forms of indictment. (Chapter VI, 1811 Laws of North Carolina.) This statut......