State v. . Whissenhunt
Supreme Court of North Carolina
CRIMINAL ACTION, tried before Clark, Judge, at December Term, 1887, of DavidsoN Superior Court. The indictment, found by the grand jury at June Term, 1887, of Davidson Superior Court, charges the defendant with violating the Revenue Act in selling spirituous liquors without first obtaining a license therefor, specifying the of-fence in four separate counts.
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CRIMINAL ACTION, tried before Clark, Judge, at December Term, 1887, of DavidsoN Superior Court. The indictment, found by the grand jury at June Term, 1887, of Davidson Superior Court, charges the defendant with violating the Revenue Act in selling spirituous liquors without first obtaining a license therefor, specifying the of-fence in four separate counts. The first count charges the selling, in general terms, by a measure less than a quart; The second in selling a quantity less than five gallons, to-wit, by the quart, negativing the fact that the spirituous liquors thus sold were the…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The enactments in the Revenue Acts of 1885 and 1887, section 34 in the former, and section 31 in the latter, are, in terms, essentially the same in relation to the sale of spirituous liquors, and in requiring a previous license therefor, the differences not affecting the criminal act as a misdemeanor. The former requires the semi-annual payment of the tax, the latter its payment quarterly; and there is a slight change in the form of the exceptions, in that a person in the one case may sell liquors or wines, the product of his own farm or of his own…
2Cited by2 opinions
- State v. . DaltonSupreme Court of North Carolina · 1888
- State v. . HazellSupreme Court of North Carolina · 1888