Legal Opinion · Dissent

State v. . Austin

Supreme Court of North Carolina

Decided February 5, 1894PublishedCited by 11 opinions

CRIMINAL ACTION, tried at August Term, 1898, of UNION Superior Court, on appeal from a judgment of the Mayor of the town of Monroe. The defendant was charged with the violation of an ordinance of the town.

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CRIMINAL ACTION, tried at August Term, 1898, of UNION Superior Court, on appeal from a judgment of the Mayor of the town of Monroe. The defendant was charged with the violation of an ordinance of the town. Upon the trial in the Superior Court the jury found a special verdict, substantially as follows: “Ordinance No. 62 is that no person who is under twenty-one years of age shall enter any bar-room, etc., provided the same shall not apply to any minor who is married or who enters as the agent or servant of the parent or guardian ; the defendant was twenty years old and not married and was not…

1DissentAvery, J.

The defendant was charged with the violation of an ordinance of the town. Upon the trial in the Superior Court, the jury found a special verdict, substantially as follows: Ordinance No. 62 is that no person who is under 21 years of age shall enter any barroom, etc., provided the same shall not apply to any minor who is married or who enters as the agent or servant of the parent or guardian. The (856) defendant was 20 years old and not married, and was not acting as agent or servant when he entered the barroom."

The defendant requested the court to charge that the ordinance was invalid. This…

2Cases cited4 opinions

  1. Town of Washington v. . HammondSupreme Court of North Carolina · 1877
  2. State v. . BrittainSupreme Court of North Carolina · 1883
  3. Hellen v. . NoeSupreme Court of North Carolina · 1843
  4. Goldsticker v. FordTexas Supreme Court · 1884

3Cited by11 opinions

  1. State v. McGeeSupreme Court of North Carolina · 1953
  2. State v. . VanhookSupreme Court of North Carolina · 1921
  3. State v. Taylor.Supreme Court of North Carolina · 1903
  4. State v. . BurbageSupreme Court of North Carolina · 1916
  5. State v. . WeddingtonSupreme Court of North Carolina · 1924

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