NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 1261

HOUSE BILL 232

AN ACT TO REIMBURSE J. W. ELLIS FOR PERSONAL EXPENSES AND OBLIGATIONS INCURRED IN CONNECTION WITH AN INCIDENT WHILE CARRYING OUT HIS DUTIES AS AN EMPLOYEE OF THE WILDLIFE RESOURCES COMMISSION.

WHEREAS, J. W. Ellis, Wildlife Protector employed by the North Carolina Wildlife Resources Commission, was accused, indicted, tried three times and ultimately acquitted of homicide in connection with the death of one Charles Young on April 5, 1954; and

WHEREAS, J. W. Ellis suffered three trials for homicide in the Superior Court and was forced to appeal twice to the North Carolina Supreme Court before being finally acquitted of the charges and freed at the third trial; and

WHEREAS, J. W. Ellis was compelled to defend himself at these trials and in so doing incurred costs, expenses and obligations which he, himself, paid; and

WHEREAS, there is no means by which this State employee can recover for the expenses incurred personally by him in defending himself against charges brought against him for acts done in the performance of his duties as a State employee; and

WHEREAS, it is deemed equitable and proper that the State of North Carolina should reimburse the said J. W. Ellis for the actual expenses incurred in defending himself for the charges aforesaid, of which he was acquitted and freed by a jury; and

WHEREAS, the State of North Carolina has in the past reimbursed State employees for costs incurred by them in defending themselves against indictments or charges brought against them as State employees in the performance of their duties as State employees, and which State employees were exonerated of the charges: Now, therefore,

The General Assembly of North Carolina do enact:

Section 1. The State of North Carolina Wildlife Resources Commission is hereby empowered and directed to pay to J. W. Ellis out of the funds of the Wildlife Resources Commission a sum not in excess of five thousand dollars ($5.000.00) toward reimbursement for actual expenses incurred by him during the period April 5, 1954 to July 18, 1957, in connection with the charges of homicide growing out of the performance of his duties on April 5, 1954 as a Wildlife Protector.

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall become effective from and after its ratification.

In the General Assembly read three times and ratified, this the 20th day of June, 1959.