State v. . Eaves
Supreme Court of North Carolina
This was an indictment tried before Merrimon, J., at Spring Term, 1889, of Rutherford Superior Court. By an act of the General Assembly, entitled “An act to prohibit the sale of spirituous liquors in certain localities,” ratified the 12th day of March, 1881 (chapter 234), .the sale of spirituous liquors within three miles of “Rutherfordton Baptist Church, in the county of Rutherford,” was prohibited.
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This was an indictment tried before Merrimon, J., at Spring Term, 1889, of Rutherford Superior Court. By an act of the General Assembly, entitled “An act to prohibit the sale of spirituous liquors in certain localities,” ratified the 12th day of March, 1881 (chapter 234), .the sale of spirituous liquors within three miles of “Rutherfordton Baptist Church, in the county of Rutherford,” was prohibited. It is alleged in the indictment that the defendant, on the first day of June, 1888, “to one W. B. Scroggins one quart of spirituous liquors unlawfully and wilfully did sell,” within three miles…
1Opinion of the Court
Claek, J.:
Chapter 234, Acts 1881, prohibited the sale of spirituous liquors at numerous points named, and among others “ within three miles of Rutherfordton Baptist Church, in Rutherford County.” The defendant was indicted for selling spirituous liquor “ within three miles of the old site of the Rutherfordton Baptist Church, in Rutherford County, contrary to the statute in such case made and provided,” and was found guilty. He moved in arrest of judgment, which was allowed, as stated by the Court, upon the grounds' — ■
“ 1. That the indictment was defective in not setting forth the fact that…
2Cases cited4 opinions
- John Denn, Lessee of Charles C. Scott, and Others v. Thomas Reid, Jun., and OthersSupreme Court of the United States · 1836
- Hunter v. . ScottSupreme Court of North Carolina · 1891
- State v. . MoodySupreme Court of North Carolina · 1886
- State v. . PattersonSupreme Court of North Carolina · 1887
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