State v. . Swink
Supreme Court of North Carolina
Appeal by defendant from Ward, J., April Term, 1909, of BUNCOMBE. Indictment for selling spirituous liquors. The defendant was convicted, and appealed. Tbe facts are stated in the opinion of the Court.
1Opinion of the CourtBrown, J.
1. The motion in arrest of judgment, because the bill fails to charge that the election provided for by chapter '71, Public Laws 1908, had been held and resulted in favor of prohibition, cannot be sustained.
In support of his position the learned counsel for the defendant relies on State v. Chambers, 93 N. C., 600. We think, however, there is a distinction. In that case the statute provided for an election to be held in the town of Morganton. It was a local election, confined to a single town in the State. The election of 1908 was a general election, covering the entire State, and the entire…
2Cases cited9 opinions
- State v. . DickSupreme Court of North Carolina · 1864
- State v. . OwnbySupreme Court of North Carolina · 1908
- State v. . ChambersSupreme Court of North Carolina · 1885
- Kintner v. State ex rel. RipperdanIndiana Supreme Court · 1873
- Burke v. StateSupreme Court of Georgia · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. CanipeSupreme Court of North Carolina · 1954
- State v. . DickSupreme Court of North Carolina · 1864
- State v. RhodesSupreme Court of North Carolina · 1976
- McNutt v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- State v. MangumSupreme Court of North Carolina · 1957
17 more not listed; retrieve them via the Exa API.