State v. . Stamey
Supreme Court of North Carolina
INDICTMENT for selling spirituous liquor on the day of election, tried before Cannon, J., at Spring Term, 1874, of the Superior Court of Clay county.
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INDICTMENT for selling spirituous liquor on the day of election, tried before Cannon, J., at Spring Term, 1874, of the Superior Court of Clay county. It was charged in the indictment that the defendant, “ on the 10th day of September, 1873, at and in the county of Olay, did give away and' sell spirituous liquors to various persons, then and there being in the town of ITaynesville, Clay county, on and during a public election day, within three miles of the election precinct of,” &c., and concluding “ against the form of the statue,” &c.” The jury returned a verdict of guilty, whereupon the…
1Opinion of the CourtBynum, J.
The indictment is fatally defective in several particulars:
1. It does not set forth the name of any person to whom the liquor_was given or sold. The offence charged is highly penal, and in order to defend himself the defendant must know not only the offence charged, but the name of the person upon whom it was committed. A conviction upon this bill could not be pleaded in bar of another indictment for the same offence. An indictment charging the defendant with selling spirits to slaves is not good unless their names are given. State v. Blythe, 1 D. & B. 199. So to charge a white man with…
2Cases cited1 opinion
- State v. . EasonSupreme Court of North Carolina · 1874
3Cited by19 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. . DowdySupreme Court of North Carolina · 1907
- State v. HelmsSupreme Court of North Carolina · 1958
- State v. BissetteSupreme Court of North Carolina · 1959
- State v. BennettSupreme Court of North Carolina · 1971
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