State v. . Clark
Supreme Court of North Carolina
Appeal by defendant from Cranmer, J., at October Term, 1921, of Chatham. Tbe defendant and J.-W. Mays were indicted for tbe manufacture of intoxicating liquor, and for aiding and abetting in" sucb manufacture. Tbey were convicted, and after judgment pronounced tbe defendant Clark appealed. There was evidence for tbe State tending to sbow tbe following circumstances: Mays bad come from Durham and bad lived in Chatham for only two or three months.
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Appeal by defendant from Cranmer, J., at October Term, 1921, of Chatham. Tbe defendant and J.-W. Mays were indicted for tbe manufacture of intoxicating liquor, and for aiding and abetting in" sucb manufacture. Tbey were convicted, and after judgment pronounced tbe defendant Clark appealed. There was evidence for tbe State tending to sbow tbe following circumstances: Mays bad come from Durham and bad lived in Chatham for only two or three months. He was staying with J. E. Cole, bis son-in-law ; and George Martin, a white man'who ran from tbe still when tbe officers approached it, was staying…
1Opinion of the CourtAdams, J.
“It is unlawful to manufacture or to aid and abet in the manufacture of spirituous or malt liquors or intoxicating bitters.” C. S., 3409. Any person committing a breach of this statute shall for the first conviction be guilty of a misdemeanor, and for the second or any subsequent conviction shall be guilty of a felony. Ibid. The indictment does not charge a previous conviction of the defendant, and it is therefore j>resumed that he has not heretofore been convicted of this offense. C. S., 4617; S. v. Dunlap, 159 N. C., 492. The defendant, then, is prosecuted for a misdemeanor, and even if he…
2Cases cited7 opinions
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- State v. . PrinceSupreme Court of North Carolina · 1921
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Philadelphia, Wilmington & Baltimore Railroad v. StebbingCourt of Appeals of Maryland · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. . FowlerSupreme Court of North Carolina · 1927
- State v. GraingerSupreme Court of North Carolina · 1953
- State v. . GrierSupreme Court of North Carolina · 1922
- State v. MedlinSupreme Court of North Carolina · 1949
- State v. . PotterSupreme Court of North Carolina · 1923
1 more not listed; retrieve them via the Exa API.