Legal Opinion

State v. . Wool

Supreme Court of North Carolina

Decided February 5, 1882PublishedCited by 7 opinions

Inuictmext' for misdemeanor, tried at Fall Term, 1881, of Chowan Superior Court, before Bennett, J. The defendant was tried and convicted for selling spirituous liquor on Sunday, without having a physician’s prescription, and not for medical purposes.

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Inuictmext' for misdemeanor, tried at Fall Term, 1881, of Chowan Superior Court, before Bennett, J. The defendant was tried and convicted for selling spirituous liquor on Sunday, without having a physician’s prescription, and not for medical purposes. The defendant at the time of the sale was a retail liquor dealer in the county of Chowan, duly licensed, and sold to one Joseph Jones, on Sunday, a pint of spirituous liquor, the said Jones at the time not-having a prescription from a physician, but the same was bought for a sick person, and the defendant was so informed at the time, and the…

1Opinion of the CourtAshe, J.

The indictment was preferred against the defendant for a violation of the act of 1877, ch. 88, the first section of which reads: “ That it shall be unlawful for any person to sell spirituous or malt or other intoxicating liquors on Sunday except on the prescription of a physician and for medical purposes.”

The object of the legislature in passing this act, was, to prevent the traffic in intoxicating liquors on the Sabbath day. Before its passage, the licensed dealer could sell as well on that as on any other day of the week; and so might have done the unlicensed dealer, if he sold under the…

2Cases cited1 opinion

  1. State v. . WraySupreme Court of North Carolina · 1875

3Cited by7 opinions

  1. State v. . McBrayerSupreme Court of North Carolina · 1887
  2. State v. KittelleSupreme Court of North Carolina · 1892
  3. State v. . KittelleSupreme Court of North Carolina · 1892
  4. State v. . DaltonSupreme Court of North Carolina · 1888
  5. State v. . BrysonSupreme Court of North Carolina · 1884

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