State v. Powell.
Supreme Court of North Carolina
INDICTMENT against Sylvester Powell for retailing intoxicating and spirituous liquor contrary to tire statute, beard by Judge M. K. Justice and a jury, at the February Term, 1906, of the Superior Court of Robeson.
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INDICTMENT against Sylvester Powell for retailing intoxicating and spirituous liquor contrary to tire statute, beard by Judge M. K. Justice and a jury, at the February Term, 1906, of the Superior Court of Robeson. The State introduced Jim Ezzell, who testified that on Tuesday, February 6, 1906, at the store of the defendant, in Lumberton, he purchásed at two or three times a certain drink called “Phosphate,” or something of the kind; that it would take about a quart of this drink to intoxicate; that he paid twenty-five cents a quart for the liquid so purchased by him. On cross-examinaion he…
1Opinion of the Court
Connor, J.,
after stating tbe case: It will be observed that tbe bill of indictment charges tbe sale of tbe intoxicating liquor to have been made “wilfully and unlawfully.” This language is not to be found in tbe statute, but this court has several times held that these words, or words of equivalent import, should be used in indictments for violating statutes prohibiting, or making criminal the doing or omitting to do the acts described. In State v. Simpson, 73 N. C., 269, the indictment was drawn under a statute declaring it a misdemeanor to kill or abuse live stock in any enclosure not…
2Cases cited15 opinions
- State v. . TurpinSupreme Court of North Carolina · 1877
- State v. . KingSupreme Court of North Carolina · 1882
- State v. Horton.Supreme Court of North Carolina · 1905
- State v. . DownsSupreme Court of North Carolina · 1895
- State v. . McBrayerSupreme Court of North Carolina · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gourley v. CommonwealthCourt of Appeals of Kentucky · 1910
- Ware v. StateCourt of Appeals of Georgia · 1909
- State v. RowlandCourt of Appeals of North Carolina · 1981
- Troutner v. StateArizona Supreme Court · 1916
- State v. WalkerCourt of Appeals of North Carolina · 1978
3 more not listed; retrieve them via the Exa API.