Legal Opinion

State v. . Bullock

Supreme Court of North Carolina

Decided October 3, 1912PublishedCited by 2 opinions

Appeal by defendant from Cooke, J., at April Term, 1912, of Nash. Tbe defendant was convicted in the Superior Court of Nash County, upon appeal from a justice of the peace, upon a warrant charging that he had carried on the business of hauling logs, etc., without obtaining a license therefor, in violation of the provisions of chapter 451, Laws 1911. The defendant moved in arrest of judgment, for that the indictment and judgment in this action are based upon a statute which…

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Appeal by defendant from Cooke, J., at April Term, 1912, of Nash. Tbe defendant was convicted in the Superior Court of Nash County, upon appeal from a justice of the peace, upon a warrant charging that he had carried on the business of hauling logs, etc., without obtaining a license therefor, in violation of the provisions of chapter 451, Laws 1911. The defendant moved in arrest of judgment, for that the indictment and judgment in this action are based upon a statute which violates the Constitution of North Carolina and the Constitution of the United States, and is invalid. Constitution of…

1Opinion of the Court

AlleN, I.

The statute under which the defendant was convicted (chapter 451 of Public-Local Laws of 1911) reads as follows:

“That it shall be unlawful for any person or corporation to carry on the business of hauling logs, timber, or lumber over the roads of any one of the road districts above laid out and created, without first having obtained a license therefor; and any person or corporation carrying on the business of hauling logs, timber, or lumber as aforesaid, without having first obtained license, shall be guilty of a misdemeanor, and shall be fined not more than $50. Said license shall…

2Cases cited2 opinions

  1. State v. Holloman.Supreme Court of North Carolina · 1905
  2. Dalton v. George C. Brown & Co.Supreme Court of North Carolina · 1912

3Cited by2 opinions

  1. State v. . KellySupreme Court of North Carolina · 1923
  2. Southeastern Express Co. v. City of CharlotteSupreme Court of North Carolina · 1923

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