Legal Opinion

State v. Scoggin

Supreme Court of North Carolina

Decided August 22, 1952No. 433Published

Appeal by defendant from Carr, J., March Term, 1952, Wake. Criminal prosecution under warrant issued out of the City Court of the City of Raleigh in which it is charged that defendant violated a city parking ordinance by (1) leaving his automobile standing in a meter-controlled parking space without setting said meter in operation by depositing “a coin of any sort” therein, and (2) parking overtime.

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Appeal by defendant from Carr, J., March Term, 1952, Wake. Criminal prosecution under warrant issued out of the City Court of the City of Raleigh in which it is charged that defendant violated a city parking ordinance by (1) leaving his automobile standing in a meter-controlled parking space without setting said meter in operation by depositing “a coin of any sort” therein, and (2) parking overtime. The City of Raleigh has adopted and there is now in force in said city an ordinance declaring that certain areas of the city, mainly in the business section, are so congested by vehicular traffic…

1Opinion of the Court

72 S.E.2d 97 (1952)

236 N.C. 1

STATE

v.

SCOGGIN.

No. 433.

Supreme Court of North Carolina.

August 22, 1952.

Harry McMullan, Atty. Gen., and Robert B. Broughton, member of Staff, Raleigh, for the State.

Joseph B. Cheshire, Jr., Raleigh, for defendant appellant.

BARNHILL, Justice.

Following our decision in M. H. Rhodes, Inc., v. City of Raleigh, 217 N.C. 627, 9 S.E.2d 389, 130 A.L.R. 311, the General Assembly adopted Ch. 153, Session Laws of 1941, now G.S. § 160-200, subd. 31, vesting in the municipalities of the State authority "to regulate and limit vehicular parking on streets and highways in congested…

2Cases cited60 opinions

  1. Smith v. CahoonSupreme Court of the United States · 1931
  2. Escanaba Co. v. ChicagoSupreme Court of the United States · 1883
  3. State v. BallanceSupreme Court of North Carolina · 1949
  4. State v. . BallanceSupreme Court of North Carolina · 1949
  5. Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1937

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