V. M. Radford v. Honorable A. A. Webb, Judge of the General Court of Justice of Union County, North Carolina, District Court Division

Fourth Circuit

V. M. Radford v. Honorable A. A. Webb, Judge of the General Court of Justice of Union County, North Carolina, District Court Division

596 F.2d 1205, 1979 U.S. App. LEXIS 15156

CourtCourt of Appeals for the Fourth Circuit

DecidedApril 25, 1979

Docket78-6148

StatusPublished

Cited by1 cases

This text of 596 F.2d 1205 (V. M. Radford v. Honorable A. A. Webb, Judge of the General Court of Justice of Union County, North Carolina, District Court Division) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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V. M. Radford v. Honorable A. A. Webb, Judge of the General Court of Justice of Union County, North Carolina, District Court Division, 596 F.2d 1205, 1979 U.S. App. LEXIS 15156 (4th Cir. 1979).

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Opinion

PER CURIAM:

After consideration of the record and the arguments of the parties, both oral and written, we think that the district court correctly granted a writ of habeas corpus. The district court held that §§ 14r-196(a)(l) and (2), N.C.Gen.Stat. (1969), under which petitioner was convicted, violated the first amendment to the Constitution of the United States and were therefore invalid. These statutes proscribe profane, vulgar, lewd and threatening communications over the telephone. As we view the record, particularly the term of his probation, we think that petitioner was convicted only under § 14-196(a)(1); and as to it we affirm on the district court’s memorandum opinion of May 25,1977, and its order of February 20, 1978. See Radford v. Webb, 446 F.Supp. 608 (W.D.N.C.1978).

AFFIRMED.

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PER CURIAM:

After consideration of the record and the arguments of the parties, both oral and written, we think that the district court correctly granted a writ of habeas corpus. The district court held that §§ 14r-196(a)(l) and (2), N.C.Gen.Stat. (1969), under which petitioner was convicted, violated the first amendment to the Constitution of the United States and were therefore invalid. These statutes proscribe profane, vulgar, lewd and threatening communications over the telephone. As we view the record, particularly the term of his probation, we think that petitioner was convicted only under § 14-196(a)(1); and as to it we affirm on the district court’s memorandum opinion of May 25,1977, and its order of February 20, 1978. See Radford v. Webb, 446 F.Supp. 608 (W.D.N.C.1978).

AFFIRMED.

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596 F.2d 1205, 1979 U.S. App. LEXIS 15156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/v-m-radford-v-honorable-a-a-webb-judge-of-the-general-court-of-ca4-1979.

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