State v. . Newcomb
Supreme Court of North Carolina
This was a CRIMINAL ACTION, tried before MacRae, J., at August Term, 1890, of Guilford Superior Court. The indictment charges the defendant with having unlawfully retailed and sold to a peison specified “spirituous liquor by a measure less than five gallons, to-wit, by the quart, the said E. C. Newcomb not having then and there a license to sell and retail spirituous liquors by the measure last aforesaid,” &c. The defendant pleaded not guilty.
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This was a CRIMINAL ACTION, tried before MacRae, J., at August Term, 1890, of Guilford Superior Court. The indictment charges the defendant with having unlawfully retailed and sold to a peison specified “spirituous liquor by a measure less than five gallons, to-wit, by the quart, the said E. C. Newcomb not having then and there a license to sell and retail spirituous liquors by the measure last aforesaid,” &c. The defendant pleaded not guilty. The jury found, by their special verdict, that the defendant did, in August of the present year, sell a quart of liquor to the person specified; that…
1Opinion of the CourtMerrimoN, C. J.
after stating the facts: It is conceded for the State that if the license put in evidence on the trial by the defendant was valid, then he was not guilty. We are of opinion that it was in all respects valid and authorized by the statute (Acts 1889, ch. 216, § 32), which, among other things, provides that “every person, company or firm for selling spirituous * * * liquors * * * shall pay a license tax semi-annually in advance, on the first day of January and July, as follows: First, for selling in quantities of 'five gallons or less for each six months, to be collected by the Sheriff,” &c. The…
2Cases cited1 opinion
- W. O. Muller & Co. v. Commissioners of Buncombe CountySupreme Court of North Carolina · 1883
3Cited by1 opinion
- State v. . EdwardsSupreme Court of North Carolina · 1893