State v. . Evans
Supreme Court of North Carolina
IndictmeNt for selling spirituous liquor to a slave, .tried before DiOK, J., at the last Spring Term of Chowan Superior Court.
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IndictmeNt for selling spirituous liquor to a slave, .tried before DiOK, J., at the last Spring Term of Chowan Superior Court. The indictment contained two counts ; the first for selling and delivering spirituous liquor to the slave, and the second for delivering it, as agent, to the same slave, in each of which it was averred that the defendants were not the owners of the slave in question, and that they had no order from the owner, or from any other person having the management of the slave, for the delivery or gift to him. On the trial, it was contended on behalf of the defendants, that it…
1Opinion of the CourtBattle, J.
The indictment, in both of its counts, negatives the fact, that the spirituous liquor alleged to have been sold and delivered, or delivered as a gift to the slave, was for the owner or employer, or, by the order of the owner or of •any person having the management of the said slave. This was proper, as was expressly decided in the case of the State v. Hiller, 7 Ire. Rep. 275, where the subject is fully discussed and explained. Such being the case, we cannot perceive any sufficient reason why the averment, though a negative one, should not be proved on the part of the State. It is…
2Cited by5 opinions
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