State v. . Smiley
Supreme Court of North Carolina
Indictment, for unlawfully selling spirituous liquors, tried before Connor, J, at July Term, 1888, of the Superior Court of Rockingham County. The indictment contained two counts: One for selling in violation of the Local Option Law in the town of Reidsville, on the 5th of April, 1888, and the other for selling spirituous liquors by the measure and quantity, less than a quart, without having license to retail, &c.
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Indictment, for unlawfully selling spirituous liquors, tried before Connor, J, at July Term, 1888, of the Superior Court of Rockingham County. The indictment contained two counts: One for selling in violation of the Local Option Law in the town of Reidsville, on the 5th of April, 1888, and the other for selling spirituous liquors by the measure and quantity, less than a quart, without having license to retail, &c. There was proof of sale, and it was admitted that local option prevailed in said town at the time of sale, and at the time the defendant was bound over to the Superior Court under a…
1Opinion of the CourtDavis, J.
(after stating the case.) That the repeal of a statute pending a prosecution for an offence created by it puts an end to the prosecution, is too well settled to need the citation of authority; but whether there be a difference between a repeal by legislative enactment and an election under the local option law reversing a former election by which the s^le of spirituous, vinous or malt liquors was made unlawful, as insisted upon by tjie Attorney General on the one side and controverted by counsel for the defendant on the other, it is unnecessary for us to decide, as it is clear that the law…
2Cited by10 opinions
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- Ulman v. StateCourt of Appeals of Maryland · 1921
- State v. . CrossSupreme Court of North Carolina · 1890
- State v. MitchellTexas Supreme Court · 1920
- State v. . SmithSupreme Court of North Carolina · 1900
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