Legal Opinion

State v. . Dalton

Supreme Court of North Carolina

Decided September 5, 1888PublishedCited by 8 opinions

IndictMENt for selling liquors without license, tried before MacRae, J., at Spring Term, 1888, of the Superior Court of Macon County.

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IndictMENt for selling liquors without license, tried before MacRae, J., at Spring Term, 1888, of the Superior Court of Macon County. The indictment contained three counts: 1. The first charged the defendant with unlawfully selling and retailing spirituous liquors to Joseph Beasley, by measure less than a quart, to-wit: by the pint, not having a license, &c. 2. The second charged the unlawful selling, &c., to Joseph Beasley, by a measure less than a gallon, to-wit: by the quart, not having a license, &c. 3. And the third charged the unlawful selling, &c., to Joseph Beasley, by a measure less…

1Opinion of the CourtDavis, J.

(after stating the case.) The only evidence as to the time when the alleged offence was committed, shows that it was in January or February, 1887, before the enactment of chapter 135 of the Laws of 1887, which was March 7th, 1887, but so far as it relates to the offence charged in the indictment, it is immaterial whether it occurred under ch. 175, §34, of the Acts of 1885, or ch. 135, §35, of the Acts of 1887, as they do not differ in r. spect to the matters, charged in the indictment. The slight changes made in the former by the latter in no way affect the penalties imposed, and as to them…

2Cases cited6 opinions

  1. State v. . McBrayerSupreme Court of North Carolina · 1887
  2. State v. . StameySupreme Court of North Carolina · 1874
  3. State v. . SuttonSupreme Court of North Carolina · 1888
  4. State v. . WoolSupreme Court of North Carolina · 1882
  5. State v. . HazellSupreme Court of North Carolina · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. . DownsSupreme Court of North Carolina · 1895
  2. Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
  3. State v. TisdaleSupreme Court of North Carolina · 1907
  4. State v. . TisdaleSupreme Court of North Carolina · 1907
  5. State v. . EdwardsSupreme Court of North Carolina · 1893

3 more not listed; retrieve them via the Exa API.

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