State v. . Wallace
Supreme Court of North Carolina
Indictment, tried before Boyhin, Judge, at March Term, 1886, of the Superior Court of CUMBERLAND county. The State introduced one McBryde, who swore that he purchased from the defendant, in the year 1885, one quart of apple brandy, at a distillery one and a half miles from Little River Academy.
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Indictment, tried before Boyhin, Judge, at March Term, 1886, of the Superior Court of CUMBERLAND county. The State introduced one McBryde, who swore that he purchased from the defendant, in the year 1885, one quart of apple brandy, at a distillery one and a half miles from Little River Academy. The defendant then offered to prove that the distillery was owned by one Adams; that the brandy sold was made by himself, as employé of said Adams, from fruit grown on the pi’emi-ses, and that said distillery was situate therein. Upon objection, the Court excluded this evidence as immaterial. The…
1Opinion of the Court
MeRRImoít, J.
The motion in arrest of judgment was properly disallowed. The statute upon which the indictment is founded, although found in, and making a section of a private statute, is a local public statute, of which the Court takes notice, and it was not therefore, necessary to set it forth, or refer to it by averment in the indictment. It does not apply to, operate upon, and affect only individuals, or particular classes of individuals, in a way peculiar to themselves, but it has general application, and operates upon all classes of people alike, who may reside, be, or go, within the area…
2Cases cited1 opinion
- State v. . ChambersSupreme Court of North Carolina · 1885
3Cited by13 opinions
- State v. . DownsSupreme Court of North Carolina · 1895
- State v. . BarringerSupreme Court of North Carolina · 1892
- State v. KittelleSupreme Court of North Carolina · 1892
- State v. Patterson.Supreme Court of North Carolina · 1904
- State v. . KittelleSupreme Court of North Carolina · 1892
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