State v. Sumner
This text of 61 S.E.2d 84 (State v. Sumner) 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.
Opinion
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. S. v. Shade, 115 N.C. 757; S. v. Ratliff, 170 N.C. 707, 86 S.E. 997; S. v. Francis, 157 N.C. 612, 72 S.E. 1041; S. 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); G.S. 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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Cite This Page — Counsel Stack
61 S.E.2d 84, 232 N.C. 386, 1950 N.C. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sumner-nc-1950.