State v. Fisher
Supreme Court of North Carolina
Appeal by tbe State from Foushee, J., at February Term, 1912, of CraveN. The three defendants, Mutual Aid Banking Company, John H. Fisher, -and A. Hatke, were indicted in the court belo,w for unlawfully selling liquor, the indictment containing two counts, one for selling intoxicating liquor to a person to the jurors unknown, and the other for selling such liquor to Carl Spencer, a person under the .age of 21 years.
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Appeal by tbe State from Foushee, J., at February Term, 1912, of CraveN. The three defendants, Mutual Aid Banking Company, John H. Fisher, -and A. Hatke, were indicted in the court belo,w for unlawfully selling liquor, the indictment containing two counts, one for selling intoxicating liquor to a person to the jurors unknown, and the other for selling such liquor to Carl Spencer, a person under the .age of 21 years. The defendant A. Hatke, a member of the firm of A. Hatke & Co., of Richmond, Ya., wholesale liquor dealers of that city, was not on trial, and the other defendants severally…
1Opinion of the Court
WalKER, J.,
after stating tbe case: It is conceded, as we understand, that the special verdict was returned upon tbe second count, and there is no verdict upon tbe first count. It was held in S. v. Taylor, 84 N. C., 773, that “where tbe jury find a defendant guilty on one count, and say nothing in their verdict concerning other counts, it will be equivalent to a verdict of acquittal as to them.”
Tbe second count of tbe indictment was framed on Revisal, sec. 3524, which provides that “if any dealer in intoxicating drinks or liquors sell, or in any manner part with for a compensation therefor,…
2Cases cited14 opinions
- In Re RahrerSupreme Court of the United States · 1891
- Rhodes v. IowaSupreme Court of the United States · 1898
- American Steel & Wire Co. v. SpeedSupreme Court of the United States · 1904
- Caldwell v. North CarolinaSupreme Court of the United States · 1903
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
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