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232 N.C. 386

61 S.E.2d 84

State v. Sumner

Supreme Court of North Carolina

Decided September 20, 1950

Supreme Court of North Carolina · decided 1950-09-20

Relies on State v. . Thomas · State v. . Morgan · State v. . Shade

Good law ✅— No negative treatment on recordhow we know

Decided 1950-09-20

How this case has been cited

Cited by 22 later decisions — most recently March 2000

20 state decisions

130195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BabNHIll, J.

¶1 Defendant moved in this Court that the judgment pronounced be arrested. The motion must be denied. While the criminal charge contained in the warrant might have been more precisely stated, it is sufficient, as alleged, to sustain the judgment and bar another prosecution for the same offense. G.S. 15-153. It is sufficiently intelligible and explicit to (1) inform the defendant of the charge he must answer, (2) enable him to prepare his defense, and (3) sustain the judgment. This is all that is required. S. v. Shade, 115 N.C. 757; S. v. Ratliff, 170 N.C. 707, 86 S.E. 997; S. v. Francis, 157 N.C. 612, 72 S.E. 1041; S. v. Morgan, 226 N.C. 414, 38 S.E. 2d 166; 15 A.J. 98.

¶2 It is now unlawful to operate a motor vehicle upon a public highway in this State at a rate of speed in excess of 55 miles per hour. G.S. 20-141 (b) (4). To do so constitutes a misdemeanor. G.S. 20-141 (j); G.S. 20-180. That this was the charge against him was well understood by defendant.

¶3 The exceptive assignments of error discussed in defendant’s brief are without substantial merit. They cannot be sustained.

¶4 In the trial below we find

¶5 No error.

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