Legal Opinion · Concurrence

State v. Cardwell

Supreme Court of North Carolina

Decided April 22, 1914Published

Appeal by defendant from Devin, J., at January Term, 1913, of ROCKINGHAM. The defendant was convicted upon the charge of unlawfully selling spirituous liquors to O. C. Sharp, who was the only witness for the State, and testified as follows: That he knew Jeff Cardwell, and that he lives in Reidsville. That he had a transaction with Jeff Cardwell relative to whiskey. That he went to him and asked him if he would get him a gallon of whiskey.

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Appeal by defendant from Devin, J., at January Term, 1913, of ROCKINGHAM. The defendant was convicted upon the charge of unlawfully selling spirituous liquors to O. C. Sharp, who was the only witness for the State, and testified as follows: That he knew Jeff Cardwell, and that he lives in Reidsville. That he had a transaction with Jeff Cardwell relative to whiskey. That he went to him and asked him if he would get him a gallon of whiskey. He said he would, and witness told him the kind he wanted, and said he wanted Turkey Mountain Corn, and gave him the price of the whiskey, $2.25. He got the…

1Concurrence

Clare, 0. J.,

concurs in the result and in the opinion proper, but not in the obiter that if the liquor had been shipped in from Danville, Ya., the defendant could not have been convicted, citing S. v. Whisnant, 149 N. C., 515; S. v. Allen, 161 N. C., 226, for the reason that those cases were written before the passage of the Webb-Kenyon law, which was enacted for the very purpose of taking away the defense, on which those decisions were based, that interstate shipments of liquor were protected from the enforcement of a State statute.

Revisal, 2080, makes the place of delivery of intoxicating…

2Cases cited13 opinions

  1. Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
  2. Hoke & Economides v. United StatesSupreme Court of the United States · 1913
  3. Rhodes v. IowaSupreme Court of the United States · 1898
  4. Hipolite Egg Co. v. United StatesSupreme Court of the United States · 1911
  5. Easton v. IowaSupreme Court of the United States · 1903

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