Potter Stewart

“ The Court also distinguishes Aycock because there the state court went outside the record to verify an apparent lack of jurisdiction. See the Court's opinion, note 11. However, so far as has been called to our attention, the North Carolina court has never suggested such a distinction. It would seem more logical, therefore, to assume that if the state court can go outside the record where it apparently lacks jurisdiction, it can do so where its jurisdiction is clear. ”

“ State v. Caper, 215 N.C. 670, 2 S.E.2d 864. 'A motion in arrest of judgment can be based only on matters which appear on the face of the record proper, or on matters which schould, but do not, appear on the face of the record proper. * * * The record proper in any action includes only those essential proceedings which are made of record by the law itself, and as such are self-preserving. * * * The evidence in a case is no part of the record proper. * * * In consequence, defects which appear only by the aid of evidence cannot be the subject of a motion in arrest of judgment.' State v. ”

“ In December, 1955, Gillespie Park Golf Club, Inc., operated an 18-hole golf course on land which it leased from the City of Greensboro, North Carolina, and the Board of Trustees of the Greensboro City Administrative Unit. The bylaws of the lessee limited the use of the golf course to its 'members' and persons in certain other specifically restricted categories. [4] On December 7, 1955, the appellants, who are Negroes, entered the club's golf shop and requested permission to play on the course. ”

“ State of Georgia, supra. Even if the North Carolina Supreme Court has power to make independent inquiry as to evidence proffered in the trial court but not included in the case on appeal, its decisions make clear that it has without exception refused to do so. ”

“ Membership in this corporation shall be restricted to members who are approved by the Board of Directors for membership in this Club. There shall be two types of membership; one, the payment of a stipulated fee of $30.00 or more, plus tax, shall cover membership and greens fees. The other type of membership shall be $1.00, plus tax, but this type of member shall pay greens fees each time he uses the course. ”

“ The North Carolina courts have held that when a motion to quash is employed to attack the qualification of grand jurors, the defendant may rely on evidence outside the record proper. See State v. Gardner, 104 N.C. 739, 10 S.E. 146; State v. Peoples, 131 N.C. 784, 42 S.E. 814; State v. Speller, 229 N.C. 67, 47 S.E.2d 537; Miller v. State, 237 N.C. 29, 74 S.E.2d 513; State v. ”