Legal Opinion

State v. Martin

Court of Appeals of North Carolina

Decided December 17, 1969No. 696SC384PublishedCited by 1 opinion

1Opinion of the CourtVaughn, J.

Defendant’s assignment of error based on the failure of the court to allow his motion for nonsuit at the close of the evidence is overruled. Taking the evidence in the light most favorable to the State, as we are required to do, it was clearly sufficient to withstand motion for nonsuit.

Defendant contends that the ordinance which he is charged with violating is unconstitutional and assigns as error the denial of his motion to quash the warrant.

“A municipal ordinance is presumed to be valid, and the burden is upon the complaining party to show its invalidity or inapplicability. And a municipal…

2Cases cited2 opinions

  1. State v. DorsettCourt of Appeals of North Carolina · 1968
  2. City of Gastonia v. ParrishSupreme Court of North Carolina · 1967

3Cited by1 opinion

  1. Currituck County v. WilleyCourt of Appeals of North Carolina · 1980

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