State v. . Mitchell

Supreme Court of North Carolina

State v. . Mitchell

33 S.E.2d 134, 225 N.C. 42, 1945 N.C. LEXIS 249

CourtSupreme Court of North Carolina

DecidedFebruary 28, 1945

StatusPublished

Cited by3 cases

This text of 33 S.E.2d 134 (State v. . Mitchell) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Mitchell, 33 S.E.2d 134, 225 N.C. 42, 1945 N.C. LEXIS 249 (N.C. 1945).

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Opinion

Per Curiam.

The defendant was charged with practicing palmistry for compensation, in violation of ch. 51, Public-Local Laws 1927. On what purported to be a special verdict, judgment was rendered that the defendant was not guilty on the ground that the enactment of statute under which she was charged was prohibited by Art. II, sec. 29, of the Constitution. From this judgment the State undertook to appeal.

It is apparent that the judgment was based, not on the facts found, but upon the court’s conclusion that the statute itself was unconstitutional. This ruling the court was competent to make at any time. The special verdict therefore was without significance, and the State’s appeal was not authorized by the enabling statute, G. S., 15-179, as now in force. The appeal will be dismissed. S. v. Todd, 224 N. C., 776.

Appeal dismissed.

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Per Curiam.

The defendant was charged with practicing palmistry for compensation, in violation of ch. 51, Public-Local Laws 1927. On what purported to be a special verdict, judgment was rendered that the defendant was not guilty on the ground that the enactment of statute under which she was charged was prohibited by Art. II, sec. 29, of the Constitution. From this judgment the State undertook to appeal.

It is apparent that the judgment was based, not on the facts found, but upon the court’s conclusion that the statute itself was unconstitutional. This ruling the court was competent to make at any time. The special verdict therefore was without significance, and the State’s appeal was not authorized by the enabling statute, G. S., 15-179, as now in force. The appeal will be dismissed. S. v. Todd, 224 N. C., 776.

Appeal dismissed.

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Bluebook (online)

33 S.E.2d 134, 225 N.C. 42, 1945 N.C. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mitchell-nc-1945.

Opinion

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