State v. Chestnutt

Each warrant adopts the phraseology of Ch. 177, Session Laws of 1949, which, in defining the conduct declared to constitute a misdemeanor, provides: “SectioN 1. It shall be unlawful for any person, firm, or corporation to engage in, promote, or in anywise participate in any motorcycle or other motor vehicle race or races on Sunday in Wake County, North Carolina.”

It is noteworthy that the warrant uses the conjunctive “and” where the statute uses the disjunctive “or.” The draftsman of the warrant was well advised. S. v. Albarty, 238 N.C. 130, 76 S.E. 2d 381.

The statute does not disclose a…