State v. Springs
Court of Appeals of North Carolina
Appeal by defendant from Crissman, Judge. Judgment entered 15 January 1975 in Superior Court, Cabarrus County. Heard in the Court of Appeals 10 June 1975. Defendant was tried in the District Court of Cabarrus County on his plea of not guilty to a warrant charging him with operating a motor vehicle on a public street in the City of Concord on or about 11 May 1974 while his operator’s license was revoked.
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Appeal by defendant from Crissman, Judge. Judgment entered 15 January 1975 in Superior Court, Cabarrus County. Heard in the Court of Appeals 10 June 1975. Defendant was tried in the District Court of Cabarrus County on his plea of not guilty to a warrant charging him with operating a motor vehicle on a public street in the City of Concord on or about 11 May 1974 while his operator’s license was revoked. Having been found guilty as charged, an appeal was taken to the Superior Court for a trial by jury. The jury found defendant guilty of driving while his license was revoked, and from judgment…
1Opinion of the Court
MARTIN, Judge.
Defendant’s motions to dismiss were properly denied.
Defendant further contends that in charging the jury the trial judge erred in failing to require the jury to find beyond a reasonable doubt that defendant operated a motor vehicle upon a public highway while his operator’s license was in a state of revocation. This contention has merit.
In pertinent part, G.S. 20-28(a) provides:
“Any person whose operator’s or chauffeur’s license has been suspended or revoked other than permanently, as provided in this Chapter, who shall drive any motor vehicle *758upon the highways of the State…
2Cases cited2 opinions
- State v. HarrisCourt of Appeals of North Carolina · 1971
- State v. CookSupreme Court of North Carolina · 1968
3Cited by1 opinion
- State v. GriggsCourt of Appeals of North Carolina · 1975