State v. . Burchfield
Supreme Court of North Carolina
INDICTMENT for unlawful sale of spirituous, etc., liquors, tried before Oouncill, J.-, and a jury, July Special Term, 1908, of Mitchell. The defendant was indicted for retailing liquor. Gus Tol-ley, a witness for the State, testified; “George Tolley, the defendant, and myself were at the depot in Cranberry, N.' C., and we, wanted some whiskey. Defendant said that Bill Triplett had some and we could get some from him, thereupon we agreed to make up (the amount) and get some.
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INDICTMENT for unlawful sale of spirituous, etc., liquors, tried before Oouncill, J.-, and a jury, July Special Term, 1908, of Mitchell. The defendant was indicted for retailing liquor. Gus Tol-ley, a witness for the State, testified; “George Tolley, the defendant, and myself were at the depot in Cranberry, N.' C., and we, wanted some whiskey. Defendant said that Bill Triplett had some and we could get some from him, thereupon we agreed to make up (the amount) and get some. I put in 75 cents, George put in 75 cents and defendant $1.50, and defendant took tbe money and went after liquor. In a…
1Opinion of the CourtWaleeR, J.
It may be conceded, for the sake of argument, that there is no evidence in this case that the defendant sold any liquor, with or without a license, unless in buying the whiskey from William Triplett, the illicit dealer, for Gus and George Tolley, be acted as bis agent, or more properly speaking, aided and abetted tbe illicit dealer in tbe sale of tbe whiskey. In tbe case of State v. Smith, 117 N. C., 809, it was said tbat “this Court bas never beld and does not now give its sanction to tbe doctrine tbat the purchaser from an illicit vendor, even when be knows him to be such, is particeps…
2Cases cited6 opinions
- State v. . NeisSupreme Court of North Carolina · 1891
- State v. . SmithSupreme Court of North Carolina · 1895
- State v. Johnston.Supreme Court of North Carolina · 1905
- State v. . HerringSupreme Court of North Carolina · 1907
- State v. . TaylorSupreme Court of North Carolina · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- S. v. . WilkersonSupreme Court of North Carolina · 1913
- State v. WilkersonSupreme Court of North Carolina · 1913
- Gill v. . CommissionersSupreme Court of North Carolina · 1912
- State v. . CarpenterSupreme Court of North Carolina · 1917
- State v. . Colonial ClubSupreme Court of North Carolina · 1910
13 more not listed; retrieve them via the Exa API.