High Point Surplus Company v. Pleasants

Plaintiff’s thesis is that Wake County’s Sunday observance ordinance and the statute pursuant to which it was adopted are unconstitutional and the enforcement of the ordinance should be enjoined.

There is a well established rule that the constitutionality of a statute or ordinance purporting to create a criminal offense may not be challenged and tested by suit in equity to enjoin the enforcement of such statute or ordinance, for the reason that the unconstitutionality thereof may be pleaded as complete defense in a prosecution for violation of such statute or ordinance and such defense is…