State v. . Alfred Simmons
Supreme Court of North Carolina
This was an indictment for retailing- contrary to the Statute, tried before Mitchell, Judge, at Fall Term 1871, of Caldwell Superior Court. The indictment charged a sale by both of the defendants. There was no evidence against the defendant Bradley, and a verdict was returned in his favor. The testimony against Simmons, the other defendant was, that he had a quantity of spiritous liquors in a wagon near the town of Lenoir.
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This was an indictment for retailing- contrary to the Statute, tried before Mitchell, Judge, at Fall Term 1871, of Caldwell Superior Court. The indictment charged a sale by both of the defendants. There was no evidence against the defendant Bradley, and a verdict was returned in his favor. The testimony against Simmons, the other defendant was, that he had a quantity of spiritous liquors in a wagon near the town of Lenoir. A witness stated that he went to this wagon and defendant had brandy in a barrel. Witness agreed with him for a gallon, defendant then delivered to him a pint. No money was…
1Opinion of the CourtBoydeN, J.
This was an indictment for selling liquor contrary to the Statute, and it was alleged that Simmons and Bradley were both guilty as the indictment charged a sale by Simmons and Bradley, but it turned out in the evidence that the sale of the spirits was by Simmons alone; and it is contended that as Simmons alone sold the spirits, even he could not be convicted, and as two were charged with selling the spirits, and but one convicted, it constituted a fatal variance. We are not aware of any authority for such a position, and the authorities cited lor the defendant do not sustain the position.
It…
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