State v. Cardwell
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at January Term, 1913, of ROCKINGHAM. The defendant was convicted upon the charge of unlawfully selling spirituous liquors to O. C. Sharp, who was the only witness for the State, and testified as follows: That he knew Jeff Cardwell, and that he lives in Reidsville. That he had a transaction with Jeff Cardwell relative to whiskey. That he went to him and asked him if he would get him a gallon of whiskey.
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Appeal by defendant from Devin, J., at January Term, 1913, of ROCKINGHAM. The defendant was convicted upon the charge of unlawfully selling spirituous liquors to O. C. Sharp, who was the only witness for the State, and testified as follows: That he knew Jeff Cardwell, and that he lives in Reidsville. That he had a transaction with Jeff Cardwell relative to whiskey. That he went to him and asked him if he would get him a gallon of whiskey. He said he would, and witness told him the kind he wanted, and said he wanted Turkey Mountain Corn, and gave him the price of the whiskey, $2.25. He got the…
1Opinion of the CourtAlleN, J.
The defendant is charged in the indictment with unlawfully selling intoxicating liquors to O. 0. Sharp, and as he cannot be indicted for one offense and tried for another, we are not permitted to inquire whether he is guilty under Eevisal, *312see. 3534, which., as said in S. v. Burchfield, 149 N. C., 540, “was intended to prevent the purchase by one person from an illicit dealer,” nor under Revisal, sec. 3527a, for soliciting orders for intoxicating liquors, nor under the Federal Penal Code.
If it could be reasonably inferred from the evidence that the defendant ordered the whiskey he is charged…
2Cases cited3 opinions
- State v. . WhisenantSupreme Court of North Carolina · 1908
- State v. . BurchfieldSupreme Court of North Carolina · 1908
- State v. AllenSupreme Court of North Carolina · 1912
3Cited by3 opinions
- State v. . R. R.Supreme Court of North Carolina · 1915
- State v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1915
- State v. . AllenSupreme Court of North Carolina · 1812