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288 N.C. 120

Thompson v. Thompson

Supreme Court of North Carolina

Decided June 26, 1975

Supreme Court of North Carolina · decided 1975-06-26

Relies on Taylor v. Hayes · First National Bank in Plant City v. Dickinson · Codispoti v. Pennsylvania

Decided 1975-06-26

Per Curiam.

¶1The sole question presented by this appeal is whether defendant is entitled to a jury trial in a criminal contempt proceeding.

¶2The identical question was considered and answered in the negative in Blue Jeans Corporation v. Clothing Workers, 275 N.C. 503, 169 S.E. 2d 867. We reaffirm that well reasoned and scholarly opinion by Justice Huskins. See also Codispoti v. Pennsylvania, 418 U.S. 506, 94 S.Ct. 2687, 41 L.Ed. 2d 912; Taylor v. Hayes, 418 U.S. 488, 94 S.Ct. 2697, 41 L.Ed. 2d 897.

¶3G.S. 7A-30(1) provides that there may be an appeal of right to this Court from decisions of the Court of Appeals which directly involve a substantial question' arising under the Constitution of the United States or the Constitution of this State. However, our. decisions interpreting this statute require- that an appellant'must either allege and show the existence of a real and substantial constitutional question which has not already been the subject of conclusive judicial determination or suffer dismissal. State v. Colson, 274 N.C. 295, 163 S.E. 2d 376, cert. denied, 393 U.S. 1087, 89 S.Ct. 876, 21 L.Ed. 2d 780.

¶4We hold that appellant has failed to show the existence of a substantial constitutional question which has not already been the subject of conclusive judicial determination, and therefore plaintiff’s motion to dismiss is allowed.

¶5Appeal dismissed.

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