Weekly Legislative Summary
N*U: This Is another of a
series of weekly summaries
prepared by the legislative
staff of the Institute of
Government on the work
of the North Carolina Gen
eral Assembly of 1967. It
Is confined to discussions
of matters of general in
terest and major import
ance.
Criminal Procedure
Several of the bills in
troduced in the General
Assembly this year indicate
the State’s share in concern
with problems of insuring
equitable and efficient
methods of criminal pro
cedure, from the point of
first detecting the suspect
ed offender until the de
fendant’s final recourse to
higher courts of appeal.
The schism in public
thought about methods
that may legitimately be
used to detect violators
was evidenced this week by
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the prolonged debate that
prefaced the passage by
the Senate of the bill (SB
25) removing the restric
tion against the Highway
Patrol’s use of airplanes
to detect motor vehicle vio
lations. The ultimate fate
of this bill must await de
termination by the House;
it and its House counter
part (HB 50) are presently
being considered by the
House committee on High
way Safety.
Another group of bills,
now in various stages of
legislative consideration, is
aimed primarily at working
out a just scheme for
handling the criminal de
fendant between the time
of his arrest and his trial.
Two bills have been intro
duced for the purpose of
facilitating pre-trial release
of accused but untried de
fendants who, without such
provisions, must languish
in jail because of lack of
I Earnestly Solicit
Your Support
-for -
MAYOR
TOWN OF EDENTON
- on -
Tuesday, May 2
Roy L. Harrell
THE CHOWAN HERALD, EDENTON, NORTH CAROLINA, THURSDAY, APRIL 20, 1967,
money to pay bondsmen for
bail that would permit
their release. Both of these
introductions (HB 85 and
HB 320) would permit offi
cers authorized to fix and
take bail to release defend
ants upon their promise to
return or upon execution of
an unsecured bond if the
officers felt that the de
fendants were likely to re
turn for trial even without
posted security. The lat
ter of these bills also
makes failure to live up to
the terms of the pre-trial
release a misdemeanor and
shifts from the counties to
the State the costs of ex
traditing one who has fled
the state while released
without security.
Another measure (SB
143) reflecting concern
with fairness to defend
ants during their stays in
jail is a provision, ratified
this week, outlawing eaves
dropping by electronic
means on the conversations
between a person in custo
dy and his attorney. (The
bill also prohibits such
eavesdropping on the de
liberations of grand or pet
it juries).
The most comprehensive
of the legislative meas
ures aimed at the problems
of incarcerated criminal
suspects promises to be the
jail package slated for in
troduction in the near fu
ture by Senator Morgan.
The pending introduction of
this legislation was an
nounced by him last week
when he brought the at
tention of the Senate to a
report, prepared under the
auspices of the Legislative
Research Commission, on
conditions in North Caro
lina’s jails.
Other measures are aim
ed at the trial process it
self. A bill (SB 168-HB
348) reported out today by
committees of both houses
strikes at the present jury
system, believed anachron
istic by the Courts Com
mission, and substitutes a
streamlined method of
picking jurors, notable for
its pruning away of many
of the jury exemptions that
had accumulated over the
years.
Also, a pair of bills has
emerged in this Session in
tended to revamp two of
the privileges to testify at
trial. HB 166, ratified on
March 30, permits the hus
band to testify against his
wife in certain criminal
cases, while HB 118, now in
a House judiciary commit
tee, expands the clergy
men’s privilege by making
clerical testimony about
matters communicated in
confidence incompetent and
by removing the ability of
judges to compel disclosure
by a clergyman if they be
lieve it demanded by jus
tice.
A bill (SB 116) to per
mit timely withdrawal of
an appeal made from a
District Court to a Superior
Court without the necessity
of paying Superior Court
costs passed the Senate and
was sent this week to a
House committee. The ap
parent aim of this bill is
to permit the use without
penalty of the filing of an
appeal as a means of de
laying the due date of costs
and fines owed the court
while the defendant raises
the needed money. Three
other bills are concerned
with more orthodox uses of
the appellate process. The
creation of a Court of Ap
peals (TB 87-SB 42, rati
fied March 29) will ease
the load of the Supreme
Court, thus facilitating
speedier appeal for crimi
nal defendant (and others).
Introduced this week was
HB 481, a bill to provide
for automatic review of the
sufficiency of the State’s
evidence in all criminal
cases regardless of whether
a claim that the evidence
was insufficient had been
made at trial. HB 363, now
in the Senate Courts and
Judicial 'Districts Commit
tee after passage by the
House, would make it clear
that the State as well as
the defendant may appeal
from Superior Court judg
ments in post-conviction
criminal appeals, and in
sure the availability to de
fendants of the necessary
legal counsel and court
records for such proceed
ings.
Potpourri
Brown bagging legisla
tion continued to receive
spirited debate in the Sen
ate ... a number of bills
have been introduced pro
viding for election of coun
ty school boards . . . a
committee substitute for
the ambulance service bill
was adopted . . . the House
today memorialized “the
edible and delectable wild
mountain food commodity
called ramp’’ . . .
Unaware
Mrs. Peck When you
married sne, you deliber
ately deceived me.
Henry ln what way,
dear?
Mrs. Peck—You told me
you were well off.
Henry—Well, I was well
off. In fact, I didn’t rea
lize myself how well off I
really was.
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NOTICE OF TOWN ELECTION
A Resolution by the Chowan County Board of Elec
tions calling a Regular Election of Town Officials.
BE IT RESOLVED by the Chowan County Board of Elections of Eden
ton, North Carolina that in accordance with a resolution adopted by the
Board of Councilmen of the Town of Edenton, Edenton, North Carolina,
and the General Laws of the State of North Carolina, the Chowan County
Board of Elections hereby calls for an election to be held in the Town of
Edenton on Tuesday, May 2, 1967, the same being the First Tuesday after
the First Monday in May, the date established by the law for said elec
tion. Said election shall be conducted for the purpose of electing a Mayor
and three Councilmen, one Councilman each to be elected from First and
Second Ward of the Town of Edenton and one to be elected by the town
at large, a Treasurer, and three members of the Board of Public Works by
the voters of the town. Above said Councilmen to be elected for a term
of four years. Above said candidates for office of Board of Public Works,
shall be elected for terms of four years. The Mayor and the Treasurer
shall be elected biennially and shall serve for terms of two years. All
qualified voters shall have the right to cast ballots for every office.
Proviso: The above is subject to any acts of the
North Carolina General Assembly changing the
Charter of the Town of Edenton.
BE IT FURTHER RESOLVED that the polling places shall be as fol
lows and that the following are hereby appointed Registrars and Judges
of said election:
FIRST WARD: POLLING PLACE, MUNICIPAL BUILDING.
Mrs. George C. Hoskins Registrar
Mrs. S. F. Hicks Judge
Mrs. J. A. Curran Judge
SECOND WARD: POLLING PLACE, CHOWAN COUNTY COURT HOUSE.
Mrs. Richard Hollowell Registrar
Mrs. Bert Willis Judge
Mrs. Clyde Cobb _ Judge
THIRD WARD: POLLING PLACE, ELECTRIC & WATER PLANT.
Mrs. J. M. Thorud _ _ Registrar
Mrs. Sidney Cam pen Judge
Mrs. Del mas Sawyer... Judge
FOURTH WARD: POLLING PLACE, NATIONAL GUARD ARMORY.
Mrs. J. E. Cozzens Registrar
Mrs. W. E. Mills Judge
Mrs. Guy C. Hobbs Judge
BE IT FURTHER RESOLVED that all persons eligible to vote in the
Town of Edenton, as defined by general law, shall be eligible to register
and vote in the town election herein called.
BE IT FURTHER RESOLVED that the Registrar be and he is hereby
directed to open the registration books for the purpose of recording therein
the names of all persons eligible to be registered who did not register for
the last preceding municipal election.
BE IT FURTHER RESOLVED that the Registrar shall open said
books at the polling place at 9:00 A. M., on Friday, April 14, 1967, and
shall keep said books open each day for seven (7) days, excluding Sunday,
for the registration of any new electors entitled to register from 9:00 A. M.
until 5:00 P. M., except on Saturday, April 15, when the books shall re
main open until 9:00 P. M.
BE IT FURTHER RESOLVED that Saturday, April 22, 1967 shall be
designated as Challenge Day, and that any person desiring to challenge
any name included in said registration books shall on this day advise the
Registrar and Judges of the fact. The Registrar and Judges shall there
upon set a date and a time for the hearing of the challenge, but said date
shall be prior to Monday, May 1, 1967.
BE IT FURTHER RESOLVED that this resolution shall be published
in a newspaper having general circulation in the Town of Edenton or shall
be posted at the Municipal Building.
BE IT FURTHER RESOLVED that all candidates for any of the of
fices above named shall notify the Chairman of the Chowan County Board
of Elections no later than 12:00 noon on the Bth day of April, 1967, in
order that their names be printed upon the ballots.
The foregoing resolution was unanimously adopted by the Chowan
County Board of Elections.
Polls’will be open from 6:30 A. M., until 6:30 P. M.
This the 28th day of March, 1967.
Chowan County Board of Elections
E. L. Hollowell, Chairman. 1
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