Legal Opinion

State v. Burton

Supreme Court of North Carolina

Decided March 21, 1905Published

INDICTMENT against Joel Burton, beard bj'Judge M. H. Justice and a jury, at tbe January Term, 1905, of the Superior Court of Duplin County. From a verdict of guilty and judgment thereon, the defendant appealed.

1Opinion of the CourtConnor, J.

The defendant was charged with violating Chapter 347, Public Laws 1901, forbidding the sale or manufacture of spirituous, vinous or malt liquors in Duplin County. Section 1 of the Act concludes: “Provided: That this Act shall not be so construed as to apply to wine or eider manufactured from grapes, berries or fruit raised on the lands of the person so manufacturing the same.” The Bill of Indictment charged the sale of vinous liquors. It contained no averment that the liquors sold were not manufactured from grapes raised on the lands of the defendant.

Defendant made a motion to quash, for that…

2Cases cited8 opinions

  1. State v. . NormanSupreme Court of North Carolina · 1829
  2. State v. . LilesSupreme Court of North Carolina · 1878
  3. State v. . JonesSupreme Court of North Carolina · 1879
  4. State v. . MitchellSupreme Court of North Carolina · 1880
  5. State v. HolderSupreme Court of North Carolina · 1903

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