Supreme Court of North Carolina, 1957

State v. Danziger

State v. Danziger
Supreme Court of North Carolina · Decided January 11, 1957 · Johnson
245 N.C. 406; 95 S.E.2d 862; 1957 N.C. LEXIS 452
State v. Danziger

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

PeR Curiam.

The holder of a driver’s license is only required to exhibit his license upon request, when he is operating or in charge of a motor vehicle, G.S. 20-29. The warrant does not contain this essential averment. It does not charge a criminal offense. S. v. Gibbs, 234 N.C. 259, 66 S.E. 2d 883; S. v. Miller, 231 N.C. 419, 57 S.E. 2d 392; S. v. Cole, 202 N.C. 592, 163 S.E. 594; S. v. Ballangee, 191 N.C. 700, 132 S.E. 795. The warrant should also name the officer who demands the right to inspect the license. S. v. Eason, 242 N.C. 59, 86 S.E. 2d 774. The judgment is

Arrested.

JOHNSON, J., not sitting.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.