State v. . Midgett
Supreme Court of North Carolina
■ Indictment for a misdemeanor, tried at Spring Term, 1881, of Hyde Superior Court, before Gilmer, J. The defendant was indicted (under act of 1879, ch. 232,) for selling spirituous liquors withing one and a half miles “ of the free church for all denominations to worship, commonly known as Rush academy,” and on the trial the jury found a special verdict in substance as follows: That the defendant, within two years of the finding of .the indictment, did sell spirituous…
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■ Indictment for a misdemeanor, tried at Spring Term, 1881, of Hyde Superior Court, before Gilmer, J. The defendant was indicted (under act of 1879, ch. 232,) for selling spirituous liquors withing one and a half miles “ of the free church for all denominations to worship, commonly known as Rush academy,” and on the trial the jury found a special verdict in substance as follows: That the defendant, within two years of the finding of .the indictment, did sell spirituous liquors at a place in Hyde county called Nebraska, situate about two hundred yards from Rush academy, which said “'Rush…
1Opinion of the CourtRuffin, J.
The statute under which the defendant is indicted declares it to be a misdemeanor, punishable with fine or imprisonment, to sell spirituous liquors within one and a half miles of any “ church in Hyde county ;” and the question is, can this be made to apply to a building which, like the “ |lush academy,” was intended by its donor, to be used “ for the purpose of an academy and for the convenience of preaching,” and which has in fact, and for a series of years been used as a school-house, and a place for public worship.
Could we feel at liberty, even, to construe a penal statute so liberally as…
2Cases cited1 opinion
- Coble v. ShoffnerSupreme Court of North Carolina · 1876
3Cited by2 opinions
- George v. Board of ExciseSupreme Court of New Jersey · 1906
- Jones v. Commissioners of Moore CountySupreme Court of North Carolina · 1890