State v. Gilbert

BROCK, Chief Judge.

The disposition of this appeal is governed by the principles declared in State v. Harrell, 279 N.C. 464, 188 S.E. 2d 638 (1971).

As in Harrell, it may be that the district court judge in the present case only intended to declare the City Code unconstitutional as applied. However, he went further and found defendant “not guilty.” The district court had exclusive original jurisdiction of the offense for which defendant was arraigned, and the judge had jurisdiction to enter final judgment. The denomination of his verdict as a “special verdict” of not guilty does not change its…