State v. . Bailey
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at August Term, 1914, of Bukke. The defendant was indicted in the Superior Court for selling intoxicating liquor to Pink Thorne. The defense is that he did not sell the liquor to Thorne, but that the transaction in which liquor was delivered to Thorne at his home was conducted with him by his wife, who is now dead. The State introduced evidence to the effect that Pink Thorne had received liquor from the defendant and paid him $1 for it.
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Appeal by defendant from Harding, J., at August Term, 1914, of Bukke. The defendant was indicted in the Superior Court for selling intoxicating liquor to Pink Thorne. The defense is that he did not sell the liquor to Thorne, but that the transaction in which liquor was delivered to Thorne at his home was conducted with him by his wife, who is now dead. The State introduced evidence to the effect that Pink Thorne had received liquor from the defendant and paid him $1 for it. The witness Pink Thorne testified: “I have forgotten how much money I gave him, possibly something like $1.” He also…
1Concurrence
Clark, 0. J.,
concurs in result on the following additional grounds:
1. Even if “the defendant had acted in good faith in purchasing the liquor in Virginia, for the mere accommodation of Pink Thorne,” it would have been no defense, for Revisal, 3534, provides: “If any person shall unlawfully and illegally procure and deliver any spirituous or malt liquors to another he shall be deemed and held in law to be the agent of the person selling said spirituous or malt liquors, and shall be guilty of a misdemeanor and shall be punished in the discretion of the court.” It had been held in S. v. Taylor,…
2Cases cited5 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- State v. Patterson.Supreme Court of North Carolina · 1904
- State v. . BurchfieldSupreme Court of North Carolina · 1908
- State v. Johnston.Supreme Court of North Carolina · 1905
- State v. . TaylorSupreme Court of North Carolina · 1883