State of North Carolina.
Kenneth Calvin Anderson.

(CITE AS: 275 N.C. 168, 166 S.E.2D 49)
No. 7.
Supreme Court of North Carolina.
March 12, 1969.

Prosecution for operating motorcycle on public street without wearing safety helmet. The Court of Appeals, 3 N.C.App. 124, 164 S.E.2d 48, affirmed judgment of conviction rendered in the Superior Court, Guilford County, Allen H. Gwyn, J., and defendant appealed. The Supreme Court, Higgins, J., held that statute requiring wearing of protective headgear by operator of motorcycle on public highway bears real and substantial relationship to public safety and was valid exercise of General Assembly's police power.






Appeal by defendant, Kenneth Calvin Anderson, from the decision of the North Carolina Court of Appeals affirming his conviction in the Superior Court of Guilford County upon a charge of violating G.S. s 20--140.2(b).

The defendant was first charged by warrant in the Municipal County Court of Greensboro for operating a motorcycle upon the city streets without wearing the required safety helmet. Before plea, he moved for a jury trial. 'Pursuant to such motion' the Municipal County Court 'forwarded the case to the Superior Court of Guilford County'.

In the Superior Court the Grand Jury returned a true bill charging that the defendant operated a motorcycle on the public highway without wearing a protective helmet, in violation of G.S. s 20--140.2(b). Before pleading to the charge, he moved to quash the indictment upon the ground the section of the statute under which it is drawn is unconstitutional in that it violates the due process, the equal protection, and the right to privacy provisions of the Ninth and Fourteenth Amendments to the Constitution of the United States and Article I, Sections 1 and 17 of the Constitution of North Carolina.

The court overruled the motion to quash and submitted the case to the jury. From the verdict of guilty and judgment thereon, the defendant appealed to the North Carolina Court of Appeals. The decision is reported in 3 N.C.App. 124, 164 S.E.2d 48. Because of the constitutional questions involved, the defendant, as he had a right to do, appealed to this Court.

Thomas Wade Bruton, Atty. Gen., William W. Melvin, Asst. Atty. Gen., T. Buie Costen, Raleigh, Staff Atty., for the State.
Douglas, Ravenel, Hardy & Crihfield, Greensboro, for defendant.