State v. . Muse
Supreme Court of North Carolina
Appeal by defendant from McElroy, J., at March Term,' 1921, of BTJNCOMBE. Criminal indictment charging the defendant with transporting, receiving, keeping on hand for sale and selling spirituous and intoxicating-liquors, contrary to the form of the statute in such eases made and provided, and against the peace and dignity of the State. The evidence of’ guilt was direct and positive.
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Appeal by defendant from McElroy, J., at March Term,' 1921, of BTJNCOMBE. Criminal indictment charging the defendant with transporting, receiving, keeping on hand for sale and selling spirituous and intoxicating-liquors, contrary to the form of the statute in such eases made and provided, and against the peace and dignity of the State. The evidence of’ guilt was direct and positive. “The defendant demurred to the jurisdiction of the court for that the-Eighteenth Amendment to the Constitution of the United States repealed all State laws regarding the manufacture, sale and transportation of…
1Per curiam
The judgment of the Superior Court must be affirmed on authority of S. v. Fore, 180 N. C., 744. A State statute in further- anee of, and not in conflict with, the Federal prohibition law may be declared a valid exercise of the police power of the State and is sanctioned, in express terms, by the Eighteenth Amendment to the Constitution of the United States.
No error.
2Cited by6 opinions
- State v. . CampbellSupreme Court of North Carolina · 1921
- State v. . HarrisonSupreme Court of North Carolina · 1922
- State v. CampbellSupreme Court of North Carolina · 1921
- Palmer v. StateIndiana Supreme Court · 1921
- State v. . BrameSupreme Court of North Carolina · 1923
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