State v. . Thomas
Supreme Court of North Carolina
■ INDICTMENT for violation .of town ordinance, tried before Brown, J., at March Term, 1896, of McDowell Superior Court. A warrant was issued (upon complaint of one Patton) by the mayor of the town of Marion, charging the defendant with being and remaining in his bar room, in the town of Marion, N. C., between the hours of 10 o’clock p. m. and 4 o’clock a. m., it being a public place where spirituous and intoxicating liquors are sold — the said bar room belonging to and being…
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■ INDICTMENT for violation .of town ordinance, tried before Brown, J., at March Term, 1896, of McDowell Superior Court. A warrant was issued (upon complaint of one Patton) by the mayor of the town of Marion, charging the defendant with being and remaining in his bar room, in the town of Marion, N. C., between the hours of 10 o’clock p. m. and 4 o’clock a. m., it being a public place where spirituous and intoxicating liquors are sold — the said bar room belonging to and being kept by the said O. A. Thomas — and permitted others so to do, in violation of ordinance (Section 35 of the ordinances)…
1Opinion of the Court
Avery, J.:
The defendant is indicted for violation of a town ordinance making “it unlawful for any barkeeper, clerk or agent, or any person whatsoever, to beep open, or be or remain in, a bar room or other place where spirituous or intoxicating liquors are sold, between the hours of 10 o’clock p. m.and 4 o’clock a. m.” The charge is not keeping open the bar room, but remaining in it after the hour prescribed for closing So that the testimony that t.he door was not locked, though closed, is not so material as possibly it might have been if the defendant had been charged with failing to close…
2Cases cited6 opinions
- State v. . MooreSupreme Court of North Carolina · 1889
- State v. . JoynerSupreme Court of North Carolina · 1879
- State v. . WebberSupreme Court of North Carolina · 1890
- State v. . ChambersSupreme Court of North Carolina · 1885
- State v. . StovallSupreme Court of North Carolina · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. . PayneSupreme Court of North Carolina · 1938
- State v. PayneSupreme Court of North Carolina · 1938
- Paul v. WashingtonSupreme Court of North Carolina · 1904
- Suddreth v. City of CharlotteSupreme Court of North Carolina · 1943
- Lawrence v. . NissenSupreme Court of North Carolina · 1917
11 more not listed; retrieve them via the Exa API.