State v. . Taylor
Supreme Court of North Carolina
Appeal from a justice’s court, heard at Fall Term, 1883, of ObaNGE Superior Court, before Macllae, J. This was a criminal proceeding instituted in the court of a justice of the peace, in which the defendant was charged with selling spirituous liquor within four miles of Chapel Hill, in violation of the provisions of the act of 1879, ch. 232, and the act of 1880, ch. 45. On the trial in the superior court, John Perry, a witness for the state, testified that in the village of…
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Appeal from a justice’s court, heard at Fall Term, 1883, of ObaNGE Superior Court, before Macllae, J. This was a criminal proceeding instituted in the court of a justice of the peace, in which the defendant was charged with selling spirituous liquor within four miles of Chapel Hill, in violation of the provisions of the act of 1879, ch. 232, and the act of 1880, ch. 45. On the trial in the superior court, John Perry, a witness for the state, testified that in the village of Chapel Hill, within the last two years, he went to the defendant and asked him if he could get him some liquor. The…
1Opinion of the CourtAshe, J.
The instruction given to the jury, we think, is erroneous.
' The facts proved by the testimony of the witness, Perry, were susceptible of two constructions: either that the transaction of obtaining the spirits was a subterfuge, and the defendant was the real vender of the spirits, or he acted in good faith as the agent of the witness in purchasing it for the witness. If the former was the nature of the transaction, then the defendant is guilty; but if the latter, then he is not guilty. The court should have left it to the jury to say how that was.
But when His Honor instructed the jury “ that-…
2Cited by5 opinions
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