State v. . Prevo
Supreme Court of North Carolina
CeimiNAl action under section 3702, Revisal, for violation of ordinance of the city of Thomasville, in exhibiting a moving-picture show without license and without paying the tax as required by said ordinance, heard on appeal from recorder’s court before Bryson, Jand a jury, at July Term, 1919, of Davidson.
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CeimiNAl action under section 3702, Revisal, for violation of ordinance of the city of Thomasville, in exhibiting a moving-picture show without license and without paying the tax as required by said ordinance, heard on appeal from recorder’s court before Bryson, Jand a jury, at July Term, 1919, of Davidson. The warrant on which the trial was had is in form as follows: “Whereas, complaint has been made this day, on oath of Ira T. Johnson, city manager, that J. W. Prevo, on and after the 1st day of July, 1918, with force and arms, at and in said county, and within the corporate limits of the-…
1Opinion of the Court
Hoke, J.,
after stating the case: In order to a legal conviction on a charge of this character, it is incumbent on the State to establish that there has been a violation of a valid ordinance; ordinary defects in the form of the warrant may be waived, and usually are waived by the general plea of not guilty, but charged with a misdemeanor in violating- a town ordinance. A valid ordinance must be shown or the prosecution necessarily fails. S. v. Snipes, 162 N. C., 242; S. v. Hunter, 106 N. C., 796. On this question, the State statute applicable, Rev., Acts 1917, ch. 231, sec. 28 (a), makes…
2Cases cited7 opinions
- Board of Trustees v. WebbSupreme Court of North Carolina · 1911
- State v. . WebberSupreme Court of North Carolina · 1890
- State v. . HunterSupreme Court of North Carolina · 1890
- State v. . TaftSupreme Court of North Carolina · 1896
- Shaw v. . KennedySupreme Court of North Carolina · 1817
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3Cited by12 opinions
- State v. GreenwoodSupreme Court of North Carolina · 1972
- State v. . AbernethySupreme Court of North Carolina · 1925
- Davis v. City of CharlotteSupreme Court of North Carolina · 1955
- State v. WilliamsSupreme Court of North Carolina · 1973
- Cox v. . BrownSupreme Court of North Carolina · 1940
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