State v. . SmithState v. . Smith
- Reporters:
- , ,
- Before:
- Stacy
The defendant by his appeal seeks to test tRe constitutionality of the traffic ordinance which makes it unlawful for more than two taxicabs, owned by the same company, to be parked in a single block in the city of Greensboro at the same time. The warrant is not sufficient to charge a violation of the ordinance. Indeed, it charges no offense at all. The action will be dismissed on authority of S. v. Beasley, 196 N. C., 797, 147 S. E., 301, and S. v. Shipman, 203 N. C., 325, 166 S. E., 298.
It is not after the manner of appellate courts to decide constitutional questions except in the exercise of judicial power properly invoked. S. v. Williams, 209 N. C., 57, 182 S. E., 711; In re Parker, ibid., 693, 184 S. E., 532; Newman v. Comrs., 208 N. C., 675, 182 S. E., 453; Wood v. Braswell, 192 N. C., 588, 135 S. E., 529. A warrant that cRarges no offense will not suffice for such invocation, even though its invalidity be observed sua sponte. S. v. Beasley, supra.
Action dismissed.