Legal Opinion
State v. Joyner
Supreme Court of North Carolina
Decided January 31, 1975No. 112PublishedCited by 51 opinions
1Opinion of the Court
MOORE, Justice.
Defendant assigns as error the failure of the trial court to quash the warrant on the ground that the ordinance on which it is based is unconstitutional.
A defendant charged with a violation of an ordinance may challenge the constitutionality of such ordinance by a motion to quash the warrant since there can be no sufficient statement of a criminal offense in a charge of violation of an unconstitutional *369statute or ordinance. State v. Atlas, 283 N.C. 165, 195 S.E. 2d 496 (1973) ; State v. Brewer, 258 N.C. 533, 129 S.E. 2d 262 (1963).
As stated by Justice Lake in State v. Vestal,…
2Cases cited38 opinions
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Nebbia v. New YorkSupreme Court of the United States · 1934
- West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
- Blades v. City of RaleighSupreme Court of North Carolina · 1972
- City of Los Angeles v. GageCalifornia Court of Appeal · 1954
33 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Rhyne v. K-Mart Corp.Supreme Court of North Carolina · 2004
- Hart Book Stores, Inc. v. EdmistenCourt of Appeals for the Fourth Circuit · 1979
- Lowe v. TarbleSupreme Court of North Carolina · 1985
- Major Media Of The Southeast, Inc. v. City Of RaleighCourt of Appeals for the Fourth Circuit · 1986
- State v. FowlerCourt of Appeals of North Carolina · 2009
46 more not listed; retrieve them via the Exa API.