State v. Kittelle
Supreme Court of North Carolina
This was an indictment for selling intoxicating liquor to a minor, tried before Meares, J., at January Term, 1892, of the Criminal Court of Mecklenburg County. The defendant Kittelle was, at the time of the alleged sale, the proprietor of the Buford Hotel, in Charlotte, and of the bar connected therewith. The defendant had two clerks in his bar-room.
Read the full summary
This was an indictment for selling intoxicating liquor to a minor, tried before Meares, J., at January Term, 1892, of the Criminal Court of Mecklenburg County. The defendant Kittelle was, at the time of the alleged sale, the proprietor of the Buford Hotel, in Charlotte, and of the bar connected therewith. The defendant had two clerks in his bar-room. Shuman testified that he was a minor and unmarried, and that one of the clerks sold him beer, but he could not state which one it was,'and that Kittelle was not present when he bought the beer. The defendant Kittelle testified that he had given…
1DissentShepherd, J.
Fully sympathizing, as I do in the solicitude of my brethren that there should be a rigid enforcement of all laws which are intended to suppress the pernicious practice of selling intoxicating liquors to minors, I am, nevertheless, unable to follow them to the extreme position of sustaining the conviction in the present case. To my mind, it involves not only a radical departure from well settled legal principles, as illustrated by the current of judicial decision, but it establishes a most dangerous precedent, the effects of which, in unsettling the old and well defined safeguards of personal…
2Cases cited21 opinions
- McCutcheon v. PeopleIllinois Supreme Court · 1873
- Barnes v. StateSupreme Court of Connecticut · 1849
- Byington v. SimpsonMassachusetts Supreme Judicial Court · 1883
- State v. . KingSupreme Court of North Carolina · 1882
- Carroll v. StateCourt of Appeals of Maryland · 1885
16 more not listed; retrieve them via the Exa API.