Nature of the Case
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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.
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