State v. J. H. Johnson
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at May Term, 1915, of CUMBERLAND. Criminal action. Defendant was charged in the recorder’s court with unlawfully selling wine, upon the following affidavit: A. B. Breece, being duly sworn, complains and says, upon information and belief, that at and in said county, and in Rockfish Township, on or about 12 December, 1914, J. II.
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Appeal by defendant from Allen, J., at May Term, 1915, of CUMBERLAND. Criminal action. Defendant was charged in the recorder’s court with unlawfully selling wine, upon the following affidavit: A. B. Breece, being duly sworn, complains and says, upon information and belief, that at and in said county, and in Rockfish Township, on or about 12 December, 1914, J. II. Johnson did unlawfully, willfully and feloniously violate the law by selling less than two gallons of intoxicating wine, to wit, one gallon to Charlie Perry, and said Charlie Perry paid said J. H. Johnson $1.25 for same, contrary to…
1Opinion of the Court
Walker, J.,
after stating tbe case: The defendant contends that tbe Cumberland act, as we will call it, was not repealed by tbe general prohibition law, because of tbe proviso which excepts it, with other similar and local statutes, from its operation; and, tbis being so, be could not be convicted under tbe charge as it was drawn under tbe Cumberland act, and not under tbe general State law. We do not so understand tbe affidavit. It charges him with unlawfully selling less than two gallons of intoxicating wine, that is, one gallon, to Charles Perry, for which be received $1.25, “contrary to…
2Cases cited8 opinions
- Abernethy v. Board of CommissionersSupreme Court of North Carolina · 1915
- Collins v. New HampshireSupreme Court of the United States · 1898
- Fortune v. Commissioners.Supreme Court of North Carolina · 1905
- Montford v. AllenSupreme Court of Georgia · 1900
- State v. . SwinkSupreme Court of North Carolina · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bank v. . LovenSupreme Court of North Carolina · 1916
- Peoples Bank v. LovenSupreme Court of North Carolina · 1916
- Burt v. Town of BiscoeSupreme Court of North Carolina · 1935