State v. McCluney

SHARP, Justice.

Defendant was indicted for a violation of G.S. 14-189.1, a codification of Chapter 1227 of the Session Laws of 1957 as amended by Chapter 164 of the Session Laws of 1965. On 1 July 1971, while this case was pending before us on appeal, the General Assembly enacted Chapter 405 of the Session Laws of 1971 (referred to hereafter as the 1971 Act), which specifically repealed G.S. 14-189.1 and three other related sections. No saving clause was provided.

By the same Act, in an obvious effort to draft a statute in which the United States Supreme Court would find no constitutional…