State v. . Downs
Supreme Court of North Carolina
INDICTMENT for the unlawful sale of spirituous liquors within two miles of Bethel Methodist Church in Macon County, tried before 8huforcl, J., and a jury, at Ball Term, 1894, of Maoon Superior Court. The defendants were iound guilty — under a special verdict — and appealed from the judgment thereon.
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INDICTMENT for the unlawful sale of spirituous liquors within two miles of Bethel Methodist Church in Macon County, tried before 8huforcl, J., and a jury, at Ball Term, 1894, of Maoon Superior Court. The defendants were iound guilty — under a special verdict — and appealed from the judgment thereon. The special verdict was as follows : “The jury for their verdict say, that the defendants within two years before the finding of this bill of indictment sold spirituous liquor at the place of manufacture in Macon County, to-wit, one gallon to one David Lewis, within two miles of Bethel Church, in…
1Opinion of the Court
Clabk, J. :
The indictment charges the sale of spirituous liquor within two miles of Bethel Methodist Church in Macon county. The statute, Acts 1881, Ch. 234, and the verdict both describe tlie cb-urch simply as Rethel Church in Macon County. There is nothing to indicate that the church is not one and the same. The added word “Methodist” in the indictment is simply harmless surplus-age or immaterial variance. State v. Eaves, 106 N. C., 752. There is nothing tending to show that there was any ambiguity or more than one Bethel Church in the County as in State v. Partlow, 91 N. C., 550, or that…
2Cases cited12 opinions
- State v. . PartlowSupreme Court of North Carolina · 1884
- State v. GeorgeSupreme Court of North Carolina · 1885
- State v. . NormanSupreme Court of North Carolina · 1829
- State v. . StevensSupreme Court of North Carolina · 1894
- State v. . LanierSupreme Court of North Carolina · 1883
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3Cited by31 opinions
- State v. McLeanSupreme Court of North Carolina · 1897
- State v. . HicksSupreme Court of North Carolina · 1907
- State v. . SimmonsSupreme Court of North Carolina · 1907
- Norwood v. Lassiter.Supreme Court of North Carolina · 1903
- State v. Southern Railway Co.Supreme Court of North Carolina · 1898
26 more not listed; retrieve them via the Exa API.