State v. Daniel, 122 S.E.2d 704 (N.C. 1961). · Go Syfert
State v. Daniel, 122 S.E.2d 704 (N.C. 1961). Cases Citing This Book View Copy Cite
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STATE
v.
WILLIAM LARRY DANIEL, and JERRY MITCHUM GULLEDGE
Supreme Court of North Carolina.
Nov 22, 1961.
Published opinion
122 S.E.2d 704
1961 N.C. LEXIS 677
Attorney General Bruton and Assistant Attorney General Rountree for the State. , B. W. Blackwelder for defendant appellants.
Cueiam.
Cited by 2 opinions  |  Published
Pee Cueiam.

The record does not disclose any challenge to the warrant in the Recorder’s Court nor in the Superior Court until after the verdict. G.S. 20-141.3 (b) makes it “unlawful for any person to operate a motor vehicle on a street or highway wilfully in speed competition with another motor vehicle.” We think there can be no doubt that defendants understood the warrants to charge a violation of this statute. A warrant sufficient to inform a person of the offense with which he is charged and adequate to protect him against further prosecution for that offense is sufficient. G.S. 15-153; S. v. Hammonds, 241 N.C. 226, 85 S.E. 2d 133.

Defendants’ motion for nonsuit was properly overruled. The evidence was adequate to support the verdict because sufficient to show a prearrangement between defendants to race on the highway, reaching a speed of 55 m.p.h. in a 35 m.p.h. speed zone. The case was submitted to the jury on a charge to which no exception was taken.

No error.