State v. Bryant

MORRIS, Judge.

From the outset it should be noted that the present prosecution was under North Carolina’s old obscenity statutes G.S. 14-189 and G.S. 14-189.1 which were repealed by the General Assembly 1 July 1971 and replaced by G.S. 14-190.1, et seq. In State v. McCluney, 11 N.C. App. 11, 180 S.E. 2d 419 (1971), this Court held that G.S. 14-189.1 was free from constitutional defect.

G.S. 15-180 provides that “In all cases of conviction in the superior court for any criminal offense, the defendant shall have the right to appeal.” There has been no conviction in the present case. Therefore,…