Legal Opinion

State v. . McBrayer

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 31 opinions

This was a criminal ACTION, tried before Graves, Judge, at Fall Term, 1886, of Cleveland Superior Court. The defendant was indicted under the statute for selling liquor to a minor.

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This was a criminal ACTION, tried before Graves, Judge, at Fall Term, 1886, of Cleveland Superior Court. The defendant was indicted under the statute for selling liquor to a minor. It was in evidence that the minor purchased one half pint of liquor from the defendant in the-town of Shelby, in January or February, 1886; that the defendant was a regular licensed practicing physician and owned a drug-store in Shelby; that the minor called at the defendant’s store and was laboring under a congestion of the-lungs from a severe cold ; that the defendant gave him an examination and was satisfied…

1Opinion of the Court

* The opinion of the Court was filed at last term, but by inadvertence was not published in the Reports of the Decisions of that term. — REPORTER. (DAVIS, J., dissenting.)

(S. v. Wray, 72 N.C. 253, and S. v. Wool, 86 N.C. 708, distinguished;S. v. Dickerson, 1 Hay., 468 (407); S. v. Boyett, 10 Ired., 336; S. v.Presnell, 12 Ired., 103; S. v. Hart, 6 Jones, 389, cited and approved.) The defendant was indicted under the statute for selling liquor to a minor. It was in evidence that the minor purchased one-half pint of liquor from the defendant in the town of Shelby, in January or February, 1886;…

2Cases cited3 opinions

  1. State v. . LawrenceSupreme Court of North Carolina · 1887
  2. State v. . WraySupreme Court of North Carolina · 1875
  3. State v. . WoolSupreme Court of North Carolina · 1882

3Cited by31 opinions

  1. State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
  2. State v. SmithMontana Supreme Court · 1920
  3. State v. MorganSupreme Court of North Carolina · 1904
  4. Skeen v. CraigUtah Supreme Court · 1906
  5. State v. BrackettSupreme Court of North Carolina · 1982

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