State v. Hanner
Supreme Court of North Carolina
INDICTMENT for selling liquor without a license, heard before his Honor, Moore, J., and a jury, at the February Term, 1901,'of the Superior Court of DavidsoN County. The defendant was indicted in the Court below for selling liqüor without a license. The jury returned a special verdict in which they found that the defendant did not have a license to sell liquor. They further find that the testimony of the witnesses is true.
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INDICTMENT for selling liquor without a license, heard before his Honor, Moore, J., and a jury, at the February Term, 1901,'of the Superior Court of DavidsoN County. The defendant was indicted in the Court below for selling liqüor without a license. The jury returned a special verdict in which they found that the defendant did not have a license to sell liquor. They further find that the testimony of the witnesses is true. J ames Eastep testified that he applied to the defendant for the purchase of a gallon of whiskey and was told' by him that he could let him have a gallon for two dollars,…
1Opinion of the Court
Walker, J\,
after stating tbe case: A special verdict must include all tbe essential elements of tbe offense charged, or there can be no conviction, and it follows that if tbe findings are not responsive to tbe allegations of tbe indictment they will not sustain a judgment. Tbe jury must find tbe facts, and not merely state tbe evidence which'may tend to prove them. There can be no aider of tbe verdict by intend*634ment, or reference to extrinsic facts appearing in the record, and this is so even though the circumstances stated may be sufficient to warrant an inference or presumption of the…
2Cases cited12 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . BlueSupreme Court of North Carolina · 1881
- State v. . BraySupreme Court of North Carolina · 1883
- State v. . CusterSupreme Court of North Carolina · 1871
- State v. . CurtisSupreme Court of North Carolina · 1874
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- United States Fidelity & Guaranty Co. v. Commercial Nat. BankCourt of Appeals for the Fifth Circuit · 1932
- State v. . FinlaysonSupreme Court of North Carolina · 1893
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