Legal Opinion

State v. . Williams

Supreme Court of North Carolina

Decided December 22, 1916Published

CeimiNal action charging defendant witb selling cider contrary to law, tried before Allen, J., and a jury, at Fall Term, 1916, of 'Wilson.

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CeimiNal action charging defendant witb selling cider contrary to law, tried before Allen, J., and a jury, at Fall Term, 1916, of 'Wilson. Tbe jury rendered a special verdict as follows: “We, tbe jury impaneled to try this case, return to tbe court our verdict : That tbe defendant J. T. Williams, agent of 11. T. Williams, sold for gain, in tbe town of Wilson, on or about tbe 15th day of September, 1916, to persons to tbe jurors unknown, and on divers other occasions, apple cider containing 4.7 per cent of alcobol. Tbe cider so sold was manufactured by 11. T. Williams from fruits grown on tbe…

1Opinion of the CourtHotce, J.

Tbe statutes controlling tbe question in this State have not, thus far, prohibited tbe sale of “cider in any quantity by tbe manufacturer from fruit's grown on bis own lands within tbe State of North Carolina.” This exception, contained in tbe Laws of 1908, Extra Session, chapter 71, appears in tbe same or substantially similar terms in chapter 35, Laws 1911, sec. 3, tbe same being entitled “An act to prohibit tbe sale of near-beer, beerine, and other like drinks,” and chapter 44, Laws 1913, commonly known as tbe Search and Seizure Laws, excepts from tbe operative section of tbe act “wines…

2Cases cited2 opinions

  1. Nance v. Southern RailwaySupreme Court of North Carolina · 1908
  2. Runyon v. StateIndiana Supreme Court · 1876

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