State v. . Razook
Supreme Court of North Carolina
Appeal from Webb, J., at September Term, 1919, of HendebsoN. Tbe defendant was convicted on an appeal from tbe mayor of tbe town of Hendersonville of auctioning goods without having obtained a license as required by tbe ordinance of said town. On appeal tbe solicitor sent a bill of indictment instead of trying on tbe warrant. Beyond an exception to evidence, tbe only question presented is tbe validity of tbe ordinance.
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Appeal from Webb, J., at September Term, 1919, of HendebsoN. Tbe defendant was convicted on an appeal from tbe mayor of tbe town of Hendersonville of auctioning goods without having obtained a license as required by tbe ordinance of said town. On appeal tbe solicitor sent a bill of indictment instead of trying on tbe warrant. Beyond an exception to evidence, tbe only question presented is tbe validity of tbe ordinance. Ordinance No. 76 of tbe town specifies among tbe privilege taxes levied upon tbe business, trades, and professions operated within tbe city of Hendersonville, that “Every…
1Opinion of the CourtClark, C. J.
Whether the solicitor should send a bill to the grand jury and try the defendant upon the indictment, or upon the original warrant, was a matter entirely within his discretion. S. v. Quick, 72 N. C., 243; S. v. Crook, 91 N. C., 542; S. v. Thornton, 136 N. C., 616.
The first assignment of error is that the Court permitted the introduction of the ordinance, though it was not printed and published as required by the city charter. This was required to bring notice of the ordinance to the attention of the public, but it is shown here, and not contradicted, that personal notice of the ordinance was…
2Cases cited2 opinions
- State v. . CrookSupreme Court of North Carolina · 1884
- State v. ThorntonSupreme Court of North Carolina · 1904
3Cited by15 opinions
- State v. FennerSupreme Court of North Carolina · 1965
- State v. ClyburnSupreme Court of North Carolina · 1958
- City of San Mateo v. MullinCalifornia Court of Appeal · 1943
- State v. . WilsonSupreme Court of North Carolina · 1946
- Tobacco Co. v. . Maxwell, Comr. of RevenueSupreme Court of North Carolina · 1938
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