State v. . Crayton

Supreme Court of North Carolina

State v. . Crayton

199 S.E. 918, 214 N.C. 579, 1938 N.C. LEXIS 413

Supreme Court of North Carolina·Decided December 14, 1938·Published

Opinion

Pek Curiam.

The warrant charges the defendant with no criminal offense. It merely charges the commission of an act which, if established, constitutes prima facie evidence of an offense. Public Laws 1935, ch. 311, sec. 2 (a), (b). The ordinance of the city of Greensboro offered in evidence as it relates to this case has no effect other than to increase the prima facie speed limit within the corporate limits of Greensboro on the streets designated to thirty miles per hour. Public Laws 1935, ch. 311, sec. 2, subsec. (g).

There was error in the refusal of the court to grant the defendant’s motion in arrest of judgment.

Reversed.

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Pek Curiam.

The warrant charges the defendant with no criminal offense. It merely charges the commission of an act which, if established, constitutes prima facie evidence of an offense. Public Laws 1935, ch. 311, sec. 2 (a), (b). The ordinance of the city of Greensboro offered in evidence as it relates to this case has no effect other than to increase the prima facie speed limit within the corporate limits of Greensboro on the streets designated to thirty miles per hour. Public Laws 1935, ch. 311, sec. 2, subsec. (g).

There was error in the refusal of the court to grant the defendant’s motion in arrest of judgment.

Reversed.

State v. . Crayton, 199 S.E. 918, 214 N.C. 579, 1938 N.C. LEXIS 413 (N.C. 1938).

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