State v. . Parker
Supreme Court of North Carolina
Indictment for retailing liquor, tried at Spring Term, 1884, of Cleveland Superior Court, before MacBae,J. The defendant was indicted for selling liquor within two and a half miles of Zion church in Cleveland county.
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Indictment for retailing liquor, tried at Spring Term, 1884, of Cleveland Superior Court, before MacBae,J. The defendant was indicted for selling liquor within two and a half miles of Zion church in Cleveland county. The indictment was preferred under the act of 1883, ch. 166, § 7, which is as follows : “That it shall be unlawful for any person to sell, or in any manner, directly or indirectly, receive compensation for any spirituous or other intoxicating liquors in the localities hereinafter named * * * within two and a half miles of Zion Baptist church, in Cleveland county.” There are like…
1Opinion of the CourtAshe, J.
There is no error in the charge given by His Honor. No doubt the seventh section was omitted to be mentioned in the eighth section through inadvertence ; or, it may be, that it was a mistake in the printer. But be that as it may, it can make no difference, for there can be no doubt, as His Honor held, that the defendant is indictable at common law.
If a statute prohibit a matter of public grievance, or command a matter of public convenience, all acts or omissions contrary to the prohibition or command of the statute, being misdemeanors at common law, are punishable by indictment, if the…
2Cited by14 opinions
- State v. . R. R.Supreme Court of North Carolina · 1907
- State v. Southern Railway Co.Supreme Court of North Carolina · 1907
- State v. . OstwaltSupreme Court of North Carolina · 1896
- State v. . PierceSupreme Court of North Carolina · 1898
- State v. . BrownSupreme Court of North Carolina · 1942
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