Legal Opinion
State v. Hayes
Court of Appeals of North Carolina
Decided May 7, 1991No. 9012SC690PublishedCited by 13 opinions
1Opinion of the Court
WELLS, Judge.
Defendant brings forward two assignments of error contending that the trial court erred in failing to dismiss the charges against defendant based on alleged violations of the Posse Comitatus Act (18 U.S.C. § 1385) and in finding as an aggravating factor that the defendant occupied a position of leadership concerning the other participants in the commission of the offense. We find no error.
18 U.S.C. § 1385 provides:
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a…
2Cases cited12 opinions
- State v. AhearnSupreme Court of North Carolina · 1983
- State v. JonesSupreme Court of North Carolina · 1983
- State v. NelsonSupreme Court of North Carolina · 1979
- United States v. Ruby Davidson Walden and William Luther WaldenCourt of Appeals for the Fourth Circuit · 1974
- Arnett v. KennedySupreme Court of the United States · 1974
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. PattioayHawaii Supreme Court · 1995
- State v. HughesCourt of Appeals of North Carolina · 1999
- State v. SellersCourt of Appeals of North Carolina · 2002
- State v. RogersCourt of Appeals of North Carolina · 2003
- People v. TylerColorado Court of Appeals · 1993
8 more not listed; retrieve them via the Exa API.