Legal Opinion

State v. . Williams

Supreme Court of North Carolina

Decided April 1, 1908Published

CRIMINAL ACTION, heard upon motion to quash indictment, by Peebles, Jat August Term, 1907, of the Superior Court of Bueice County.

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CRIMINAL ACTION, heard upon motion to quash indictment, by Peebles, Jat August Term, 1907, of the Superior Court of Bueice County. The defendant was called to plead to the following bill of indictment: “The jurors for the State, upon their oaths, present: That Jake Williams, late of the county of Burke, on the 10th day of July, in the year of our Lord one thousand nine hundred and seven, with force and arms, at and in the county aforesaid, did unlawfully and willfully have and bring into said county of Burlce, on one certain day,.more than one-half gallon, to-wit, one gallon, of spirituous,…

1Opinion of the CourtCoNNOK., J.

By chapter 24, Public Laws 1901, the Legislature enacted a statute declaring that it shall be unlawful for finy person to “manufacture, sell or otherwise dispose of for gain” spirituous, vinous or malt liquors in the county of Burke. The act contains the usual exceptions in regard to sales by druggists. It is also provided that neither the manufacture of domestic wines “nor the sale of such wines at the place of manufacture in quantities not less than one gallon” is prohibited. The place of delivery of any liquors brought into the county is declared to be deemed the place of sale. Common…

2Cases cited18 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Ogden v. SaundersSupreme Court of the United States · 1827
  3. Ex Parte SieboldSupreme Court of the United States · 1880
  4. Thurlow v. MassachusettsSupreme Court of the United States · 1847
  5. Austin v. TennesseeSupreme Court of the United States · 1900

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