Legal Opinion

State v. . Dannenberg

Supreme Court of North Carolina

Decided March 4, 1909PublishedCited by 8 opinions

ActióN beard before O. II. Allen, J., and a jury, at Fall Term, 1908, of OartbRÉt. The defendant was tried and convicted in the mayor’s court of Morebead City for violating the following ordinance of said municipality: “That it shall be unlawful for any person, firm or corporation • to sell any drink within the said town of Morehead City for which the. said person, firm or corporation has been required by or has secured a license from the United States Government for the…

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ActióN beard before O. II. Allen, J., and a jury, at Fall Term, 1908, of OartbRÉt. The defendant was tried and convicted in the mayor’s court of Morebead City for violating the following ordinance of said municipality: “That it shall be unlawful for any person, firm or corporation • to sell any drink within the said town of Morehead City for which the. said person, firm or corporation has been required by or has secured a license from the United States Government for the sale of spirituous or malt liquors -before selling said drink.” Upon appeal the defendant was tried in the Superior Court…

1Opinion of the CourtBrown, J.

It appears in the special verdict that the revenue' officials of the United States, pursuant to statute, require that all drinks or liquids sold containing as much as one-half of one per cent alcohol should subject the seller to a special tax of $20 per annum for malt liquor. Further, that prior to 1 July, 1908, the defendant paid the $20 Federal tax upon malt-liquor drinks, and on 31 July, within the corporate limits of Morehead City, sold to one Styson a drink of a certain beverage whose alcoholic part was derived from malt, in tbe definition of United States statute, containing over…

2Cases cited4 opinions

  1. State v. . WebberSupreme Court of North Carolina · 1890
  2. Town of Washington v. . HammondSupreme Court of North Carolina · 1877
  3. State v. . LangstonSupreme Court of North Carolina · 1883
  4. State v. . ThomasSupreme Court of North Carolina · 1896

3Cited by8 opinions

  1. State v. McGeeSupreme Court of North Carolina · 1953
  2. Greene v. City of Winston-SalemSupreme Court of North Carolina · 1975
  3. State v. FurioSupreme Court of North Carolina · 1966
  4. State v. OwenSupreme Court of North Carolina · 1955
  5. Village of St. Johnsbury v. AronSupreme Court of Vermont · 1930

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