State v. Felton

As stated in the brief filed here by counsel appearing as amici curiae: “Thus it is seen that the case has come -to this Court in such form as to test the constitutionality of the aforesaid Chapter 541 of the Session Laws of 1949. That is the single question involved.”

In undertaking our task of decision, we are mindful that “in considering the constitutionality of a statute, every presumption is to be indulged in favor of its validity.” Stacy, C. J., in S. v. Lueders, 214 N.C. 558 (561), 200 S.E. 22. We are mindful also that “when it is clear a statute transgresses the authority vested in the…