State v. Dew

WiNBORNE, C. J.:

The question involved on this appeal, as stated by the Attorney General for the State of North Carolina, is this: “Is G.S. 14-335 (12) unconstitutional and in contravention of Article 1, Section 7, of the North Carolina Constitution, and in contravention of the General Law of the State with respect to the punishment for publie drunkenness?” A review of decided cases leads to a negative answer.

In this connection the ruling of the trial court appears to have been based upon decision in the case of S. v. Fowler, 193 N.C. 290, 136 S.E. 709, wherein it was held that a five-county…