State v. . Spencer
Cases that cite this one
5 later published cases cite this decision.
- State v. Weston (N.C. 1968)
- Smart v. . Rodgers (N.C. 1940)
- State v. . Webber (N.C. 1936)
- Hewitt v. . Urich (N.C. 1936)
- State v. Webber (N.C. 1936)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is conceded in the State’s brief the trial court was inattentive to ch. 311, sec. 2, Public Laws 1935, which provides that driving faster than 45 miles per hour, under conditions here described, “shall be prima facie evidence that the speed is not reasonable or prudent, and that it is unlawful.”
It also appears from a careful perusal of the charge as a whole that the test of civil liability, rather than that of criminal responsibility, was applied in determining the defendant’s guilt. S. v. Cope, 204 N. C., 28, 167 S. E., 456.
This necessarily works a new trial. It is so ordered.
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.