State v. Fisher
Supreme Court of North Carolina
Appeal by tbe State from Foushee, J., at February Term, 1912, of CraveN. The three defendants, Mutual Aid Banking Company, John H. Fisher, -and A. Hatke, were indicted in the court belo,w for unlawfully selling liquor, the indictment containing two counts, one for selling intoxicating liquor to a person to the jurors unknown, and the other for selling such liquor to Carl Spencer, a person under the .age of 21 years.
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Appeal by tbe State from Foushee, J., at February Term, 1912, of CraveN. The three defendants, Mutual Aid Banking Company, John H. Fisher, -and A. Hatke, were indicted in the court belo,w for unlawfully selling liquor, the indictment containing two counts, one for selling intoxicating liquor to a person to the jurors unknown, and the other for selling such liquor to Carl Spencer, a person under the .age of 21 years. The defendant A. Hatke, a member of the firm of A. Hatke & Co., of Richmond, Ya., wholesale liquor dealers of that city, was not on trial, and the other defendants severally…
1DissentClaeK, C. J.
The first count in the indictment charges a sale to “a person or persons to the jurors unknown.” This was held valid by Hoke, J., in a unanimous opinion in S. v. Dowdy, 145 N. C., 432, and has been long recognized as the settled, practice of the courts. Besides, the special verdict in this case is based upon the second count, which charges the sale of intoxicating liquors to Carl Spencer, a minor.
The facts found in the special verdict are that an agent of the defendants, Hatke & Co., dealers in liquor in Richmond, Ya., obtained from Carl Spencer in New Bern an order for the sale of the…
2Cases cited6 opinions
- Delamater v. South DakotaSupreme Court of the United States · 1907
- American Express Co. v. IowaSupreme Court of the United States · 1905
- State v. . DowdySupreme Court of North Carolina · 1907
- Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Parker Buggy Corp. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
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