State v. . McMinn
Supreme Court of North Carolina
INDICTMENT for selling liquor in violation of the statute, tried at Spring Term, 1880, of Hendeeson Superior Court, before Sehenck, J. The defendant was indicted for selling spirituous liquor to one Nelson by a measure less than a quart without having a license therefor, and on the trial the evidence by Nelson was, that the defendant had a room in the town of Hen-dersonville, and in the room was a table with a decanter on it containing spirituous liquor and tumblers, and in…
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INDICTMENT for selling liquor in violation of the statute, tried at Spring Term, 1880, of Hendeeson Superior Court, before Sehenck, J. The defendant was indicted for selling spirituous liquor to one Nelson by a measure less than a quart without having a license therefor, and on the trial the evidence by Nelson was, that the defendant had a room in the town of Hen-dersonville, and in the room was a table with a decanter on it containing spirituous liquor and tumblers, and in the top of the table was a small hole; that during a court wéek, as'well as at sundry other times, he went into the…
1Opinion of the CourtDillard, J.
There is no error in the refusal of the charge requested, nor in the charge given. A sale is the transmutation of the property in a personal chattel-from one to another on a quid pro quo, paid or agreed to be paid, and such a change of property in the retail of spirituous liquors by the small measur.e is usually effected by the delivery of the article and the payment of the price simultaneously, but it may be in other modes. If the liquor come directly or indirectly from the owner to another on a valuable consideration, it is a sale; and if so, it is -perfectly immaterial as to the mode or…
2Cases cited1 opinion
- State v. . Alfred SimmonsSupreme Court of North Carolina · 1872
3Cited by8 opinions
- State v. . Colonial ClubSupreme Court of North Carolina · 1910
- State v. . HolderSupreme Court of North Carolina · 1903
- State v. HolderSupreme Court of North Carolina · 1903
- State v. . WinnerSupreme Court of North Carolina · 1910
- State v. . MitchellSupreme Court of North Carolina · 1911
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