State v. Rumfelt

The defendant assigns as error the refusal of the trial court to allow his motion for judgment of nonsuit made when the State rested its case. The defendant contends that G.S. 20-162.1 prescribes that “any person convicted pursuant to this section shall be subject to a penalty of $1.00,” and therefore does not set out a criminal act triable in the criminal courts of the State; but in specific words imposes a penalty to be recovered in a civil action.

The amended warrant upon which the defendant was tried and convicted by a jury in the Superior Court charges a violation of G.S. 20-162. G.S.…