State v. . Spencer

Supreme Court of North Carolina

State v. . Spencer

184 S.E. 835, 209 N.C. 827, 1936 N.C. LEXIS 362

CourtSupreme Court of North Carolina

DecidedApril 8, 1936

StatusPublished

Cited by5 cases

This text of 184 S.E. 835 (State v. . Spencer) 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. . Spencer, 184 S.E. 835, 209 N.C. 827, 1936 N.C. LEXIS 362 (N.C. 1936).

Pincite

Opinion

Stacy, C. J.

It is conceded in the State’s brief the trial court was inattentive to ch. 311, sec. 2, Public Laws 1935, which provides that driving faster than 45 miles per hour, under conditions here described, “shall be prima facie evidence that the speed is not reasonable or prudent, and that it is unlawful.”

It also appears from a careful perusal of the charge as a whole that the test of civil liability, rather than that of criminal responsibility, was applied in determining the defendant’s guilt. S. v. Cope, 204 N. C., 28, 167 S. E., 456.

This necessarily works a new trial. It is so ordered.

New trial.

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