Legal Opinion

State v. . Horner

Supreme Court of North Carolina

Decided November 21, 1917PublishedCited by 11 opinions

INDICTMENT tried before Long, Jat August Term, 1917, of Moose. Defendant was convicted, and appealed from the judgment. The charge against the defendant was that he had manufactured liquor, contrary to the statute prohibiting the same. There was evidence tending to show that defendant drove his father’s wagon to the place of manufacture, over “a dim road,” when it was dark.

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INDICTMENT tried before Long, Jat August Term, 1917, of Moose. Defendant was convicted, and appealed from the judgment. The charge against the defendant was that he had manufactured liquor, contrary to the statute prohibiting the same. There was evidence tending to show that defendant drove his father’s wagon to the place of manufacture, over “a dim road,” when it was dark. He left the road and drove to a house nearby and whistled two or three times, and then drove to the branch near the still, or where the still had been. He then left his wagon and went to the place where there were five…

1Opinion of the Court

Walker, J.,

after stating the case: This indictment was found under Public Laws 1917, chap. 157, which provides that “It shall be unlawful for any person or persons to distill, manufacture, or in any manner make, or for any persons to aid, assist, or abet any such person or persons in distilling, manufacturing or in any manner making any spirituous or malt liquors or intoxicating bitters within the State of North Carolina. . . . Any person or persons violating the provisions of this act shall be guilty of a felony and be imprisoned in the State Prison for not less than one year and not…

2Cases cited11 opinions

  1. State v. . BradySupreme Court of North Carolina · 1890
  2. State v. CookSupreme Court of North Carolina · 1913
  3. State v. . RoweSupreme Court of North Carolina · 1911
  4. Gilliland v. Board of Education.Supreme Court of North Carolina · 1906
  5. State v. . PowellSupreme Court of North Carolina · 1914

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. . BaldwinSupreme Court of North Carolina · 1919
  2. People v. NanningaMichigan Supreme Court · 1921
  3. State v. WeekleyWyoming Supreme Court · 1929
  4. State v. . SullivanSupreme Court of North Carolina · 1927
  5. State v. . GrierSupreme Court of North Carolina · 1922

6 more not listed; retrieve them via the Exa API.

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