State v. . Nash
Supreme Court of North Carolina
INDICTMENT, heard before Philips, Judge, and a jury, at July Criminal Term, 1886, of Wake Superior Court. The defendant is charged with selling spirituous liquors in a township in which prohibition prevails, in violation of §3116 of The Code.
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INDICTMENT, heard before Philips, Judge, and a jury, at July Criminal Term, 1886, of Wake Superior Court. The defendant is charged with selling spirituous liquors in a township in which prohibition prevails, in violation of §3116 of The Code. Upon the trial of his plea of not guilty, the jury rendered a special verdict in these terms: “ At an election regularly called and held in Raleigh township, in said county, on the first Monday in June, 1886, under the provisions of chapter 32, vol. 2, of The Code, to ascertain whether spirituous liquors might be sold in said township, a majority of the…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The record has the same defect that was found to exist in the case of the State v. Lockyear, 95 N. C., 633, and must be disposed of in the same manner. The action of the Court perfects the verdict by removing that which made it conditional, and as in case of a general verdict, calls for a judgment discharging the defendant, if there are no other charges against him requiring a further detention.
The argument has been, however, upon the merits, the liability of the defendant to a criminal prosecution upon the facts found; and as the question is one of…
2Cases cited1 opinion
- State v. . LockyearSupreme Court of North Carolina · 1886
3Cited by6 opinions
- State v. ScampiniSupreme Court of Vermont · 1904
- Commonwealth v. PetranichMassachusetts Supreme Judicial Court · 1903
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- State v. . GierschSupreme Court of North Carolina · 1887
- State v. . InmanSupreme Court of North Carolina · 1944
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