Legal Opinion

State v. . Emery

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 18 opinions

This was an indictment, tried before Shepherd, Judge, at the March Term, 1887, of Wake Superior Court. There were three counts in the indictment, to the first two of which a nol. pros, was entered, and the defendant was tried upon the third only, which charged: “That the said A V. Emery, on the day and year last aforesaid, at and in the county aforesaid, wilfully and unlawfully did sell and retail unto Lafayette Nash spirituous liquor, by a measure and quantity less than a…

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This was an indictment, tried before Shepherd, Judge, at the March Term, 1887, of Wake Superior Court. There were three counts in the indictment, to the first two of which a nol. pros, was entered, and the defendant was tried upon the third only, which charged: “That the said A V. Emery, on the day and year last aforesaid, at and in the county aforesaid, wilfully and unlawfully did sell and retail unto Lafayette Nash spirituous liquor, by a measure and quantity less than a quart, to-wit, by the pint, he, the said A. V. Emery, not then and there having a license to sell and retail spirituous…

1Opinion of the Court

Davis, J.,

(after stating the case). We can see no error in refusing the instruction asked for, nor can we see any error in the charge given by his Honor. The production of the license, if there was one, was a question of evidence. The-defendant says, “the State must show that there was no license, because it alleged, and it was necessary for it to allege, that he had none.” The contrary has Been adjudged and settled by authority and conclusive reasoning. The license, if it exist at all, must be in the possession of the defendant, and ever since the case of the State v. Morrison, 3 Dev. Law,…

2Cases cited1 opinion

  1. State v. . WilbourneSupreme Court of North Carolina · 1882

3Cited by18 opinions

  1. Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
  2. State v. Blackley.Supreme Court of North Carolina · 1905
  3. Meredith v. RailroadSupreme Court of North Carolina · 1905
  4. State v. . FalknerSupreme Court of North Carolina · 1921
  5. State v. . McDuffieSupreme Court of North Carolina · 1890

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