Legal Opinion

State v. . Emery

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 10 opinions

This is a criminal action, which was tried before Shepherd, Judge, at March Term, 1887, of Waile Superior Court. The indictment contains three counts, the first two of which charge a violation of the Local Option law in Raleigh township, adopted at an election held on the 7th of June, 1887, (1886) and the third, for retailing without license. The third count was abandoned.

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This is a criminal action, which was tried before Shepherd, Judge, at March Term, 1887, of Waile Superior Court. The indictment contains three counts, the first two of which charge a violation of the Local Option law in Raleigh township, adopted at an election held on the 7th of June, 1887, (1886) and the third, for retailing without license. The third count was abandoned. Clara Haywood, a witness for the State, testified: “ I bought liquor of the defendant, at his store in Raleigh, during last December. I bought three times during the month. I got ten cents’ worth each time. 1 did not get as…

1Opinion of the Court

Davis, J.,

(after stating the case). Section 3114 of The Code makes it the duty of the Board of County Commissioners to order elections upon “the petition of one-fouith of the qualified voters, &c.”

Section 3115 provides that such elections “ shall be held, and returns made, under the same rules and regulations as prescribed for holding elections for members of the General Assembly, so far as the same may be applicable, except as herein modified.”

The evidence shows that the election was ordered by the Board of County Commissioners; that it was held, and the returns made and canvassed, and the…

2Cases cited6 opinions

  1. Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
  2. State v. GeorgeSupreme Court of North Carolina · 1885
  3. Norment v. . City of CharlotteSupreme Court of North Carolina · 1881
  4. Simpson v. Commissioners of MecklenburgSupreme Court of North Carolina · 1881
  5. Smallwood v. City of NewbernSupreme Court of North Carolina · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. . CooperSupreme Court of North Carolina · 1888
  2. Woodard v. StateSupreme Court of Georgia · 1898
  3. Jay v. O'DonnellIndiana Supreme Court · 1912
  4. Moffitt v. PeopleSupreme Court of Colorado · 1915
  5. Howard v. LukeArizona Supreme Court · 1917

5 more not listed; retrieve them via the Exa API.

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