State v. . Mitchell
Supreme Court of North Carolina
Appeal from W. J. Adams, Jr., at May'Term, 1911, of EORSTTH. Criminal action for selling liquor in violation of the prohibition law. The defendant was convicted in the recorder’s court, and upon appeal to Superior Court was again convicted, and appealed to the Supreme Court.
1Opinion of the CourtBeowN, J.
There is but one question presented, and that is, Is it a violation of the prohibition act for one to lend another whiskey upon the understanding that other whiskey will be returned in place of it?
The evidence is contradictory. The prosecuting witness testified that he purchased the liquor for cash, and paid 50 cents down when he made the purchase. The defendant testified that he furnished whiskey to the prosecuting witness, but that it was a loan, and upon the understanding that the whiskey was to be returned as soon as an order made by prosecuting witness could be received. The point comes…
2Cases cited6 opinions
- State v. . Colonial ClubSupreme Court of North Carolina · 1910
- State v. . McMinnSupreme Court of North Carolina · 1880
- Commonwealth v. AbramsMassachusetts Supreme Judicial Court · 1890
- Tombeaugh v. StateCourt of Criminal Appeals of Texas · 1906
- Skinner v. StateSupreme Court of Georgia · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boncal v. Liquor Control CommissionSupreme Court of Connecticut · 1961
- State v. . LemonsSupreme Court of North Carolina · 1921
- Hiller v. CrenshawTennessee Supreme Court · 1916
- State v. McCroreyCourt of Appeals of North Carolina · 2023