State v. . Smith
Supreme Court of North Carolina
INDICTMENT for retailing spirituous liquors without license, tried before- Shaw, Jat October Term, 1899, of the Superior Court of BocKing-iiam Oo-unty. The defendant was bound over to court for violating, the dispensary act of the town of Madison, but he was indicted under the general act for retailing without license, and was convicted. He excepted because he was indicted under the general law. He was sentenced to eight months imprisonment, to be worked on the public roads.
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INDICTMENT for retailing spirituous liquors without license, tried before- Shaw, Jat October Term, 1899, of the Superior Court of BocKing-iiam Oo-unty. The defendant was bound over to court for violating, the dispensary act of the town of Madison, but he was indicted under the general act for retailing without license, and was convicted. He excepted because he was indicted under the general law. He was sentenced to eight months imprisonment, to be worked on the public roads. From which judgment he appealed to Supreme Court.
1Opinion of the CourtClark, J.
The sale of spirituous liquor by the small, measure without a license-, in the town of Madison is a misdemeanor, punishable a,t the discretion of the Court, as it is; everywhere else in this State. The Code, sec. 1076. By • chap'. 268, Laws 1899, a dispensary was established in. that town, and retailing by individuals prohibited under a pen.alty of “not less than $50, or not less than three months work .on the county roads, or both.” The defendant was bound over to court for violating the dispensary act in selling spirit-nous liquor, but tire grand jury indicted him under the gen-eral act for…
2Cases cited11 opinions
- State v. . StevensSupreme Court of North Carolina · 1894
- Guy v. Commissioners of Cumberland CountySupreme Court of North Carolina · 1898
- State v. RobinsonSupreme Court of North Carolina · 1895
- State v. . SmileySupreme Court of North Carolina · 1888
- Board of Commissioners v. SmithSupreme Court of North Carolina · 1892
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3Cited by2 opinions
- State v. Farrington.Supreme Court of North Carolina · 1906
- State v. Young.Supreme Court of North Carolina · 1905