State v. . Lemons
Supreme Court of North Carolina
Appeal by defendant from Long, J., August Term, 1921, of Rook-INGHAM. This was an indictment for violation of the prohibition law, setting out four counts, the first of which alleged an unlawful sale of spirituous liquors and the second for having spirituous liquors in possession for the purpose of sale. The defendant introduced no evidence. Yerdiet of guilty.
Read the full summary
Appeal by defendant from Long, J., August Term, 1921, of Rook-INGHAM. This was an indictment for violation of the prohibition law, setting out four counts, the first of which alleged an unlawful sale of spirituous liquors and the second for having spirituous liquors in possession for the purpose of sale. The defendant introduced no evidence. Yerdiet of guilty. When the foreman began giving the reasons for the verdict the court told him that the jury must find for their verdict “guilty” or “not guilty,” and thereupon the jury returned a verdict of guilty with a recommendation for mercy.…
1Opinion of the Court
ClaeK, 0. J.
The witness Price testified that tbe defendant let him have three % pints of whiskey which was loaned to him; that he did not buy it, but that he agreed to return it, and told the defendant that he did not know when he would get the whiskey to return, and afterwards offered to pay him.
The defendant excepted to the refusal to let the witness Price answer the question whether he afterwards paid the defendant. The question was immaterial and irrelevant, for a sale on credit, or a loan of liquor to be returned, comes within the statute. In S. v. Mitchell, 156 N. C., 659, the Court…
2Cases cited11 opinions
- State v. . WhitsonSupreme Court of North Carolina · 1892
- State v. LewisSupreme Court of North Carolina · 1906
- State v. . McKaySupreme Court of North Carolina · 1909
- State v. . WhitakerSupreme Court of North Carolina · 1883
- State v. Godwin.Supreme Court of North Carolina · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. . WhitleySupreme Court of North Carolina · 1935
- State v. RussellSupreme Court of North Carolina · 1972
- State v. . PerrySupreme Court of North Carolina · 1945
- State v. . SnipesSupreme Court of North Carolina · 1923
- State v. SnipesSupreme Court of North Carolina · 1923
2 more not listed; retrieve them via the Exa API.