State v. . Stevens
Supreme Court of North Carolina
CrimiNal actioN, tried on appeal from a judgment of the Mayor’s Court of Asheville, before Thomas A. Jones, Judge of the Criminal Court of Buncombe County, at January Term, 1894. The defendant was charged with selling liquor in the city of Asheville without having obtained a license therefor, in violation of ordinance No. 649 (adopted in the year 1887), which is as follows: “ If any person or persons shall retail spirituous, vinous or malt liquors, or any preparation…
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CrimiNal actioN, tried on appeal from a judgment of the Mayor’s Court of Asheville, before Thomas A. Jones, Judge of the Criminal Court of Buncombe County, at January Term, 1894. The defendant was charged with selling liquor in the city of Asheville without having obtained a license therefor, in violation of ordinance No. 649 (adopted in the year 1887), which is as follows: “ If any person or persons shall retail spirituous, vinous or malt liquors, or any preparation containing alcohol, in the city of Asheville without license, he shall on conviction be fined fifty dollars, and if such…
1Opinion of the Court
Burwell, J.:
By section 36 of chapter 111 of the Laws of 1883 the aldermen of the city of Asheville were empowered to levy and collect “upon every license to retail spirituous or malt liquors a tax not exceeding five hundred dollars.” This provision, if it stood alone, would seem to indicate the- intent to confer upon the municipal authorities the power to issue licenses to those whom they saw fit to allow to carry on this business, and to impose a tax not exceeding the sum named for the privilege of so doing. If these words are read in connection with section 19 of the said act, wherein the…
2Cases cited5 opinions
- Arrington v. CommonwealthSupreme Court of Virginia · 1890
- State v. CainanSupreme Court of North Carolina · 1886
- Board of Commissioners v. SmithSupreme Court of North Carolina · 1892
- State v. . EarnhardtSupreme Court of North Carolina · 1890
- State v. . CainanSupreme Court of North Carolina · 1886
3Cited by26 opinions
- State v. OvermanSupreme Court of North Carolina · 1967
- State v. BirckheadSupreme Court of North Carolina · 1962
- State v. BarefootSupreme Court of North Carolina · 1955
- State v. Lytle.Supreme Court of North Carolina · 1905
- State v. . MalpassSupreme Court of North Carolina · 1925
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