State v. . Witter
Supreme Court of North Carolina
CrimiNal ACTION, tried at Fall Term, 1890, of McDowell Superior Court, Merrimon, J., presiding. The indictment charges that the defendant sold to a person, named one pint of spirituous Liquor “ within less than two miles of McDowell Court-house,” &c. He pleaded “not guilty.”
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CrimiNal ACTION, tried at Fall Term, 1890, of McDowell Superior Court, Merrimon, J., presiding. The indictment charges that the defendant sold to a person, named one pint of spirituous Liquor “ within less than two miles of McDowell Court-house,” &c. He pleaded “not guilty.” On the trial, the jury rendered a special verdict, from which it appeared that the defendant, as charged, sold spirituous liquor within half a mile of said court-house, and within the corporate limits of the town of Marion, and that at the time of such sale he “ had a (retail) license regularly issued to him by the…
1Opinion of the CourtMerrimon, C. J.
after stating the facts: The statute (Acts 1879, ch. 232) prohibits the sale of spirituous and other liquors specified within two miles of the “court-house in McDowell County.” If this statutory provision has not been repealed or modified by the other statute presently to be mentioned, the County Commissioners of McDowell County had no authority, to order the Sheriff of that county to grant a license to sell spirituous liquors, in any quantity, within the territorial limit mentioned, to the defendant, and the license that he purported to have would, in that case, be void and of no effect. The…
2Cases cited2 opinions
- State v. . ChambersSupreme Court of North Carolina · 1885
- State v. . WallaceSupreme Court of North Carolina · 1886
3Cited by3 opinions
- State v. . SnowSupreme Court of North Carolina · 1895
- State v. Parker.Supreme Court of North Carolina · 1905
- State v. Knotts.Supreme Court of North Carolina · 1902