State v. Greer

COPELAND, Justice.

In its first argument the State asserts that the majority opinion of the Court of Appeals was in error by holding that G.S. 14-230, so far as it applies to magistrates, was repealed by implication through the enactment of G.S. 7A-173 and G.S. 7A-376. In this State “repeal by implication” is not a favored rule of statutory construction. Commissioner of Insurance v. Automobile Rate Office, 294 N.C. 60, 241 S.E. 2d 324 (1978). However, if two statutes are truly irreconcilably in conflict it is logical that the later statute should control, resulting in a repeal of the earlier…