State v. . Smith
Supreme Court of North Carolina
INDICTMENT for selling intoxicating liquors without license, tried before Graham, J., and a jury, at Spring Term, 1895, of CheboKtse Superior Court. On trial one Akin testified for the State : “I sent for whiskey by the defendant. I told him to bring me some liquor. I forget bow much money I gave him but lie brought me a quart of whiskey. He would be gone two or three hours. I never asked him where he got it. I paid him nothing for bringing it.
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INDICTMENT for selling intoxicating liquors without license, tried before Graham, J., and a jury, at Spring Term, 1895, of CheboKtse Superior Court. On trial one Akin testified for the State : “I sent for whiskey by the defendant. I told him to bring me some liquor. I forget bow much money I gave him but lie brought me a quart of whiskey. He would be gone two or three hours. I never asked him where he got it. I paid him nothing for bringing it. This was in this county, within two years prior to this time.” The State resti d and defendant introduced no testimony. His Honor instructed the jury…
1Opinion of the Court
Avery, J.:
The defendant took the money of the prosecuting witness and furnished him whiskey for it. Prima facie, that was a sale, whether the spirits was delivered in ten minutes or ten hours. Black on Intoxicating Liquors, Section 503. The burden was upon the defendant to show that he had license if he proposed to rely upon the defense that.the sale was authorized by law (State v. Emery, 98 N. C., 668; State v. Morrison, 3 Dev., 299; State v. Welbourne, 87 N. C., 529) and therefore proof of the sale raised a presumption that it was illicit. Where a person is shown to have sold spirituous…
2Cases cited5 opinions
- State v. . EmerySupreme Court of North Carolina · 1887
- State v. . WilbourneSupreme Court of North Carolina · 1882
- State v. . FarmerSupreme Court of North Carolina · 1889
- State v. . R. D. BrownSupreme Court of North Carolina · 1891
- State v. . TaylorSupreme Court of North Carolina · 1883
3Cited by17 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- S. v. . WilkersonSupreme Court of North Carolina · 1913
- State v. Blackley.Supreme Court of North Carolina · 1905
- State v. WilkersonSupreme Court of North Carolina · 1913
- State v. . FalknerSupreme Court of North Carolina · 1921
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