State v. Fisher
Supreme Court of North Carolina
Appeal by tbe State from Foushee, J., at February Term, 1912, of CraveN. The three defendants, Mutual Aid Banking Company, John H. Fisher, -and A. Hatke, were indicted in the court belo,w for unlawfully selling liquor, the indictment containing two counts, one for selling intoxicating liquor to a person to the jurors unknown, and the other for selling such liquor to Carl Spencer, a person under the .age of 21 years.
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Appeal by tbe State from Foushee, J., at February Term, 1912, of CraveN. The three defendants, Mutual Aid Banking Company, John H. Fisher, -and A. Hatke, were indicted in the court belo,w for unlawfully selling liquor, the indictment containing two counts, one for selling intoxicating liquor to a person to the jurors unknown, and the other for selling such liquor to Carl Spencer, a person under the .age of 21 years. The defendant A. Hatke, a member of the firm of A. Hatke & Co., of Richmond, Ya., wholesale liquor dealers of that city, was not on trial, and the other defendants severally…
1ConcurrenceAlleN, J.
It is the duty of the State courts to follow the decisions of the Supreme Court of the United States on questions relating to interstate commerce, whether in accordance with their views or not, and that Court held, prior to the Wilson Act of 1890, that intoxicating liquors were the legitimate subject of commerce between the States, and that the owner of such had the right to ship into another State, and sell in the original package, and denied to the State into which it was shipped the power to control or regulate such shipment by taxation or under its policy power. Leisy v. Hardin, 135 U.…
2Cases cited9 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- Rhodes v. IowaSupreme Court of the United States · 1898
- American Express Co. v. IowaSupreme Court of the United States · 1905
- State v. . EmerySupreme Court of North Carolina · 1887
- State v. BloodworthSupreme Court of North Carolina · 1886
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