State v. Sumner
| Citation | 61 S.E.2d 84,232 N.C. 386 |
| Decision Date | 20 September 1950 |
| Docket Number | No. 5,5 |
| Parties | STATE, v. SUMNER. |
| Court | North Carolina Supreme Court |
J. Henry LeRoy, Elizabeth City, for defendant-appellant.
Attorney General Harry McMullan, Assistant Attorney General T. W. Bruton, and Walter F. Brinkley, Lexington, for the State.
Defendant moved in this Court that the judgment pronounced be arrested. The motion must be denied. While the criminal charge contained in the warrant might have been more precisely stated, it is sufficient, as alleged, to sustain the judgment and bar another prosecution for the same offense. G.S. § 15-153. It is sufficiently intelligible and explicit to (1) inform the defendant of the charge he must answer, (2) enable him to prepare his defense, and (3) sustain the judgment. This is all that is required. State v. Shade, 115 N.C. 757, 20 S.E. 537; State v. Ratliff, 170 N.C. 707, 86 S.E. 997; State v. Francis, 157 N.C. 612, 72 S.E. 1041; State v. Morgan, 226 N.C. 414, 38 S.E.2d 166; 15 A.J. 98.
It is now unlawful to operate a motor vehicle upon a public highway in this State at a rate of speed in excess of 55 miles per hour. G.S. § 20-141(b)(4). To do so constitutes a misdemeanor. G.S. §§ 20-141(j), 20-180. That this was the charge against him was well understood by defendant.
The exceptive assignments of error discussed in defendant's brief are without substantial merit. They cannot be sustained.
In the trial below we find
No error.
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State v. Hammonds
...240 N.C. 99, 81 S.E.2d 263, State v. Brady, 237 N.C. 675, 75 S.E.2d 791; State v. Loesch, 237 N.C. 611, 75 S.E.2d 654; State v. Sumner, 232 N.C. 386, 61 S.E.2d 84; State v. Stone, 231 N.C. 324, 56 S.E.2d 675; State v. Davenport, 227 N.C. 475, 42 S.E.2d 686; State v. Gregory, 223 N.C. 415, 2......
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IN RE NORTH CAROLINA PESTICIDE BD.
...Simply stated, due process does not require every regulatory provision to contain a state-of-mind element. See, e.g., State v. Sumner, 232 N.C. 386, 61 S.E.2d 84 (1950) (holding that a warrant was sufficient to support a conviction of operating a motor vehicle on a public highway at a speed......
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State v. Lancaster, No. COA99-190.
...the defendant on notice of the offense with which he is charged and to allow him to prepare a defense to that charge. State v. Sumner, 232 N.C. 386, 61 S.E.2d 84 (1950). The State need only prove that defendant intended to confine, restrain, or remove the victim in order to sustain its burd......
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State v. Smith
...the General Statutes upon which the charge is laid, and it sustains the judgment. The law requires no more. G.S. § 15-153; State v. Sumner, 232 N.C. 386, 61 S.E.2d 84. The motion is The defendant excepts to and assigns as error the failure of his Honor to sustain his motion for judgment as ......