State v. . Medlin
Supreme Court of North Carolina
Appeal by the State from Peebles, J., at September Term, 1915, of Wake. The defendant was found guilty in the recorder’s court of Zebulon of violation of an ordinance of that town, and appealed to the Superior Court. In the Superior Court, on a special verdict, the court held that the ordinance was void, and from this judgment the State appealed.
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Appeal by the State from Peebles, J., at September Term, 1915, of Wake. The defendant was found guilty in the recorder’s court of Zebulon of violation of an ordinance of that town, and appealed to the Superior Court. In the Superior Court, on a special verdict, the court held that the ordinance was void, and from this judgment the State appealed. The town charter of Zebulon is chapter 84, Private Laws 1907. The ordinance in question provides as follows: “SectioN 2. Any person who shall open any shop or store on Sunday for the purpose of buying or selling (except ice) shall be fined $5; and if…
1Opinion of the CourtClaek, C. J.
Tte special verdict finds that on Sunday, 18 July, 1915, after tte adoption of the above ordinance, tte defendant, who did not operate a drug store, between tte tours of 6 and 8 o’clock a. in. opened tis grocery store in the town of Zebulon and sold cigars, cigarettes, and coca-cola to several purchasers and received cast payment, and that at the same time a drug store in said town was open for the sale of articles otter than drugs, etc.
Tte defendant contends that the ordinance is invalid:
1. Because tte ordinance creates an invalid discrimination in favor of drug store's and against general…
2Cases cited6 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- State v. . RickettsSupreme Court of North Carolina · 1876
- Town of Washington v. . HammondSupreme Court of North Carolina · 1877
- State v. . LangstonSupreme Court of North Carolina · 1883
- State v. . EarnhardtSupreme Court of North Carolina · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Broadbent v. GibsonUtah Supreme Court · 1943
- G I Surplus Store, Inc. v. HunterSupreme Court of North Carolina · 1962
- State v. McGeeSupreme Court of North Carolina · 1953
- State v. TowerySupreme Court of North Carolina · 1954
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