Opinion

State v. Wallace

  • 49 N.C. App. 475
  • 271 S.E.2d 760
  • 1980 N.C. App. LEXIS 3420
Court
Court of Appeals of North Carolina
Filed
Nov 18, 1980
Status
Published
Author
Hedrick
On the bench
Hedrick, Martin
Cited by
8 cases

explaining, “A constitutional question will not be passed upon if there is also present some other ground upon which the case may be decided” before settling STATE V. WILLIAMS 2022-NCCOA-562 Opinion of the Court the issue on appeal on statutory rather than constitutional grounds

How later courts described this case

  • explaining, “A constitutional question will not be passed upon if there is also present some other ground upon which the case may be decided” before settling STATE V. WILLIAMS 2022-NCCOA-562 Opinion of the Court the issue on appeal on statutory rather than constitutional grounds
  • “If the case cán be decided on one of two grounds, one involving a constitutional question, the other a question of lesser importance, the latter alone will be determined. The Court will not decide questions of a constitutional nature unless absolutely necessary to a decision of the case.”
  • “The dog is of a noble, free nature, yet is domesticated and dedicated to the well-being of people of all races.”

Written by the judges who cited it.

The opinion

Judge Hedrick

concurring in result only:

I concur completely in the decision that the citation in question does not charge an offense. I am compelled to register, however, my opposition to using the North Carolina Court of Appeals Reports to publish my colleague’s totally irrelevant, however learned, dissertation on dogs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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