Legal Opinion

State v. . Mills

Supreme Court of North Carolina

Decided April 6, 1921PublishedCited by 22 opinions

Appeal by defendant from Cranmer, J., at November Term, 1920, of Nash. Defendant was charged, before tbe recorder’s court of Nash County, with “unlawfully, willfully, and feloniously driving an automobile recklessly, carelessly, and faster than allowed by law, and committing an assault and battery while so doing upon J. E. Wheless and others, with intent to kill, injure, and maim and damage said J. E. Wheless, contrary to the form of the statute,” etc.

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Appeal by defendant from Cranmer, J., at November Term, 1920, of Nash. Defendant was charged, before tbe recorder’s court of Nash County, with “unlawfully, willfully, and feloniously driving an automobile recklessly, carelessly, and faster than allowed by law, and committing an assault and battery while so doing upon J. E. Wheless and others, with intent to kill, injure, and maim and damage said J. E. Wheless, contrary to the form of the statute,” etc. He was tried upon the charge before the recorder’s court and convicted and sentenced to six months imprisonment, and assigned to work on the…

1Opinion of the Court

Walker, J.,

after stating the case: The proviso was intended to define three acts which should per se constitute reckless or careless driving, and the commission' of each of these acts is a separate and distinct crime. There may be other acts of reckless or careless driving within the meaning of all that goes before the proviso, as it was not the purpose of the Legislature to restrict reckless or careless driving to those acts enumerated in the first proviso of sec. 2618. A person may drive carelessly, or even recklessly, without exceeding the prescribed speed limits, and this case furnishes a…

2Cases cited17 opinions

  1. State v. . TooleSupreme Court of North Carolina · 1890
  2. State v. HymanSupreme Court of North Carolina · 1913
  3. Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
  4. In Re BlackSupreme Court of North Carolina · 1913
  5. State v. . CatheySupreme Court of North Carolina · 1916

12 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State v. . AndersonSupreme Court of North Carolina · 1935
  2. State v. . SmithSupreme Court of North Carolina · 1931
  3. State v. AndersonSupreme Court of North Carolina · 1935
  4. State v. . MalpassSupreme Court of North Carolina · 1925
  5. State v. GibsonSupreme Court of North Carolina · 1951

17 more not listed; retrieve them via the Exa API.

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