Legal Opinion · Concurrence

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…

1Concurrence

EaviN, I.,

concurring in the result reached by the majority, but dissenting from certain legal views expressed by them.

I accept without reservation the decision that no error was committed on the trial in the court below. But I find myself in disagreement with the majority in two respects.

The first point of disagreement concerns the interpretation of the record and is inconsequential in nature. As I see it, the accused has been adjudged guilty of this single offense: parking a motor vehicle in a parking space in the City of Raleigh without depositing a coin in the nearest parking meter as…

2Cases cited34 opinions

  1. State v. . BallanceSupreme Court of North Carolina · 1949
  2. Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1937
  3. William Laubach & Sons v. EastonSupreme Court of Pennsylvania · 1943
  4. State Ex Rel. Harkow v. McCarthySupreme Court of Florida · 1936
  5. Ex Parte DuncanSupreme Court of Oklahoma · 1937

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