{
  "id": 8625346,
  "name": "STATE v. JOHN WILLIAM TRIPP",
  "name_abbreviation": "State v. Tripp",
  "decision_date": "1952-10-15",
  "docket_number": "",
  "first_page": "320",
  "last_page": "321",
  "citations": [
    {
      "type": "official",
      "cite": "236 N.C. 320"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "50 S.E. 2d 724",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "229 N.C. 589",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        12167077
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/229/0589-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 4126,
    "ocr_confidence": 0.466,
    "pagerank": {
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    "sha256": "eddcaaafbd70839895470778fcd36eec9b51b9d941634095e870427ac9b48ee5",
    "simhash": "1:cd5fcbdf04061b99",
    "word_count": 682
  },
  "last_updated": "2023-07-14T20:03:47.341722+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. JOHN WILLIAM TRIPP."
    ],
    "opinions": [
      {
        "text": "WinbobNe, J.\nWhile the assignment of error of defendant is \u201cthat the court below erred in entering judgment as it appears in the record, there being no charge before the court vesting it with authority to proceed to judgment,\u201d it is stated in brief of defendant, appellant, filed in this Court, that the only question involved on the appeal is as to whether or not the wording of the affidavit on which the warrant issued is sufficient to charge a crime. A kindred question is treated in the case of S. v. Daughtry, ante, 316, opinion in which is handed down cotemporaneously herewith. The principle applied there is applicable here.\nHere as there the affidavit, stripped of surplusage, charges a criminal offense under the State law. Here it is operating a motor vehicle on the public highways of the State while under the influence of intoxicating liquors. See S. v. Blankenship, 229 N.C. 589, 50 S.E. 2d 724, where the subject has been recently reviewed. And it is presumed that by the plea of nolo contendere, entered through his counsel, defendant waived any irregularity in matter of procedure. G.S. 15-140.\nHence, on the authority of S. v. Daughtry, ante, 316, the judgment from which appeal is taken is\nAffirmed.",
        "type": "majority",
        "author": "WinbobNe, J."
      }
    ],
    "attorneys": [
      "Attorney-General McMullan and Assistant Attorney-General Lake for the State.",
      "J ones, Heed \u2022& Griffin for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. JOHN WILLIAM TRIPP.\n(Filed 15 October, 1952.)\n1. Automobiles \u00a7 SOd\u2014\nA warrant charging that defendant did unlawfully and willfully violate \u201cOrdinance No., Article .\u2022....., Section .,\u201d of a municipality by driving \u201ca motor vehicle on the public highways . . . while under the influence of intoxicating liquor, contrary to the said ordinance, against the statute in such case made and provided, and against the peace and dignity of the said Town and State,\u201d is held sufficient to charge defendant with operating a motor vehicle on the public highways of the State while under the influence of intoxicating liquors, the reference in the warrant to the ordinance and the municipality being treated as surplusage.\n3. Indictment and Warrant \u00a7 11%\u2014\nA plea of nolo contendere waives any irregularity in a warrant for a misdemeanor. G.S. 15-140.\nAppeal by defendant from Burney, J., at June Term, 1952, of Gheehe.\nCriminal prosecution upon a warrant issued 27 April, 1952, by tbe Mayor of tbe town of Snow Hill, North Carolina, upon an affidavit charging \u201cthat at and in said county and in tbe Town of Snow Hill, on or about tbe 27th day of April, 1952, Johnnie William Tripp did unlawfully and wilfully violate an ordinance of tbe Town of Snow Hill, to wit: Ordinance No. , Article., Section., by: Careless and reckless operating a motor vehicle on tbe public highways and in the town of Snow Hill while under the influence of intoxicating liquors, contrary to the said ordinance, against the statute in such case made and provided, and against the peace and dignity of the said Town and State.\u201d\nThe record shows that Johnnie William Tripp was arrested and brought before the Mayor, \u2014 and that the Mayor entered this judgment: \u201cAfter hearing the evidence in this case, it is adjudged that the defendant . . . Defendant waives hearing . . . bound to County Court for trial May 13, 52.\u201d\nThen the record of Superior Court shows: \u201cPlea, No. 878 \u2014 State v. John William Tripp \u2014 Driving Drunk \u2014 Reckless Driving. Upon the calling of this case the defendant, through counsel, tenders a plea of nolo contendere\nAnd the record shows that judgment was entered that \u201cdefendant be confined in the common jail of Greene County and assigned to work the roads under the supervision of the State Highway and Public Works Commission for one year and surrender his license, and the Clerk shall endorse thereon that this is the third conviction of operating a motor vehicle under the influence of intoxicating liquor and forward said license to the Director of Highway and Public Safety, Raleigh, N. C., with the court\u2019s recommendation that defendant\u2019s license be revoked as by law provided.\u201d\nDefendant objected and excepted to the above judgment, and appeals to Supreme Court and assigns error.\nAttorney-General McMullan and Assistant Attorney-General Lake for the State.\nJ ones, Heed \u2022& Griffin for defendant, appellant."
  },
  "file_name": "0320-01",
  "first_page_order": 372,
  "last_page_order": 373
}