State v. . Partlow
Supreme Court of North Carolina
Indictment for selling liquor tried at Spring Term, 1884, of Oaston Superior Court, before MaeJRae, J. . The defendant is indicted for selling one quart of spirituous liquor to one Rutherford within three miles of Mount Zion church, in the county of Gaston, in violation of the act of 1881, ch. 234. It was in evidence that the liquor was sold as alleged; and that there were two churches, (about fifteen miles apart) each called “ Mount Zion church,” in said county — one for…
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Indictment for selling liquor tried at Spring Term, 1884, of Oaston Superior Court, before MaeJRae, J. . The defendant is indicted for selling one quart of spirituous liquor to one Rutherford within three miles of Mount Zion church, in the county of Gaston, in violation of the act of 1881, ch. 234. It was in evidence that the liquor was sold as alleged; and that there were two churches, (about fifteen miles apart) each called “ Mount Zion church,” in said county — one for the white people, and the other for the colored people. And there was nothing in the statute indicating to which of these…
1Opinion of the CourtMerrimon, J.
The act of 1881, ch. 234, prohibits the sale of spirituous liquors within designated distances from many churches and other places named therein. So much of it as is material to this case provides, “ that the sale of spirituous liquors shall be prohibited within three miles of * * * Mount Zion church in Gaston county.”
It appeared on the trial that there were two churches bearing the name “Mt. Zion ” in Gaston county, and there is nothing in the' statute indicating to which of them it applies.
It is plainly the duty of the court to so construe a statute, ambiguous in its meaning, as to give…
2Cited by65 opinions
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- Matter of BanksSupreme Court of North Carolina · 1978
- State v. LowrySupreme Court of North Carolina · 1965
- State Ex Rel. Pearson v. Probate CourtSupreme Court of Minnesota · 1939
- Hayes v. StateCourt of Appeals of Georgia · 1912
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