State v. Farrington.
Supreme Court of North Carolina
INDICTMENT against T. B. Farrington, heard by Judge Q. IF. Ward and a jury, at the December Term, 1905, of the Superior Court of Guilford. The defendant was convicted for retailing spirituous liquors without license contrary to the statute. There was no exception to Hi's Honor’s ruling upon the trial. The testimony tended to show that he had sold liquor upon two occasions, the last of which was 18 months before the finding of the bill of indictment.
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INDICTMENT against T. B. Farrington, heard by Judge Q. IF. Ward and a jury, at the December Term, 1905, of the Superior Court of Guilford. The defendant was convicted for retailing spirituous liquors without license contrary to the statute. There was no exception to Hi's Honor’s ruling upon the trial. The testimony tended to show that he had sold liquor upon two occasions, the last of which was 18 months before the finding of the bill of indictment. The solicitor introduced several other witnesses who swore that his reputation in the community was particularly bad, for selling whiskey…
1Opinion of the Court
Connor, J.,
after stating the facts: It cannot, at 'this time, and in view of the many decisions of this court, be regarded as an open question that for violation of the statute prohibiting the sale of spirituous liquor without a license the person convicted may be imprisoned in the county jail with direction that he be worked upon the public roads. State v. Hicks, 101 N. C., 747; State v. Smith, 126 N. C., 1057. It is equally well settled that when no time is fixed by the statute, this court will not hold an imprisonment for two years cruel and unusual. State v. Driver, 78 N. C., 423; State…
2Cases cited4 opinions
- State v. . DriverSupreme Court of North Carolina · 1878
- State v. . MillerSupreme Court of North Carolina · 1886
- State v. . HicksSupreme Court of North Carolina · 1888
- State v. . SmithSupreme Court of North Carolina · 1900
3Cited by20 opinions
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- State v. PardonSupreme Court of North Carolina · 1967
- State v. . DowdySupreme Court of North Carolina · 1907
- Sustar v. County CourtOregon Supreme Court · 1921
- State v. . CalcuttSupreme Court of North Carolina · 1941
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