Legal Opinion · Dissent

State v. Jones

Court of Appeals of North Carolina

Decided September 5, 2017No. COA17-59Published

1DissentZachary, Judge

*372Defendant appeals from the judgment entered upon his conviction of operating a motor vehicle with an open container of alcohol in the passenger area of his car while alcohol remained in his system. On appeal, defendant argues that the trial court lacked subject matter jurisdiction over the charge because the citation that the State used as the criminal pleading did not state facts supporting the elements of this criminal offense, as required by long-standing appellate jurisprudence and the express language of N.C. Gen. Stat. § 15A-924 (2015). The majority opinion holds that a citation is not…

2Cases cited23 opinions

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. In Re Appeal of the Greens of Pine Glen Ltd. PartnershipSupreme Court of North Carolina · 2003
  3. State v. SturdivantSupreme Court of North Carolina · 1981
  4. State v. GreerSupreme Court of North Carolina · 1953
  5. State v. CokerSupreme Court of North Carolina · 1984

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API