In Re Banks

244 S.E.2d 386 (1978)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

On 2 September 1977, a juvenile petition was filed against Banks (D), a minor, alleging that he had violated G.S. 14-202 in that he did 'unlawfully and wilfully peep secretly into a room occupied by Alvalena Manring, a female person.' Prior to the introduction of evidence D's attorney moved to dismiss the petition for the reason that G.S. 14-202 is unconstitutional in that it is 'overly broad' and 'void for vagueness.' The statute makes it illegal for any person to secretly peep into a room occupied by a female person. On 21 September 1977 Judge Gentry found the statute unconstitutional as it was 'on the grounds listed' and dismissed the proceeding. P appealed.