State v. . Chambers
Supreme Court of North Carolina
Private Statutes — Public Local Statutes- — Indictment. INDICTMENT, tried before Avery, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Burke county. The defendant was indicted under the provisions of ch. 78, §3, of the Acts of 1872-N3. This act provides for an election'to be held, and if a majority of the votes cast should favor “prohibition,” that it should be indictable to sell liquor within two miles of the court house in Morganton.
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Private Statutes — Public Local Statutes- — Indictment. INDICTMENT, tried before Avery, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Burke county. The defendant was indicted under the provisions of ch. 78, §3, of the Acts of 1872-N3. This act provides for an election'to be held, and if a majority of the votes cast should favor “prohibition,” that it should be indictable to sell liquor within two miles of the court house in Morganton. The facts sufficiently appear in the opinion. There was a verdict of guilty, and from the judgment thereon the defendant appealed.
1Opinion of the Court
Mérrimos, J.
The indictment is founded upon the statute.
Acts 1872 — ’73, ch. 78. The counsel for 'the defendant insisted on the argument, that this act was repealed by the statute (Acts 1876 — 77, ch. 86), and that the latter act was repealed by the statute, (Acts 1885, ch. 120, §60). He also insisted that the act first cited is a private act, and ought to have been set forth, or in au appropriate way referred to, in the indictment. He further contended, that if the act is a public one, then it is repealed by The Code, §3867.
It is not at all certain that the Act of 1876 — ?77 repealed that of…
2Cases cited3 opinions
- State v. . EasonSupreme Court of North Carolina · 1874
- State v. . SloanSupreme Court of North Carolina · 1872
- Shepherd v. Commissioners of WakeSupreme Court of North Carolina · 1884
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- State v. . MooreSupreme Court of North Carolina · 1889
- State v. . TenantSupreme Court of North Carolina · 1892
- State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
- State v. . CooperSupreme Court of North Carolina · 1888
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