Legal Opinion

State v. . Cathey

Supreme Court of North Carolina

Decided January 12, 1916PublishedCited by 21 opinions

Appeal by defendant from Long, J., at September Term, 1915, of Buncombe. Tbe defendant was indicted under tbe Searcb and Seizure Law, cb. 44, Laws 1933, for baving in bis possession for tbe purpose of sale, malt, vinous, and spirituous liquors.

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Appeal by defendant from Long, J., at September Term, 1915, of Buncombe. Tbe defendant was indicted under tbe Searcb and Seizure Law, cb. 44, Laws 1933, for baving in bis possession for tbe purpose of sale, malt, vinous, and spirituous liquors. E. M. Mitchell, sheriff, testified that tbe search and seizure warrant was regularly issued, and that, acting thereunder, be searched tbe premises of tbe defendant and found at tbe defendant’s bouse about two-thirds of a barrel of beer, about twenty-four bottles of champagne, and something like twenty-five yards away, at a little bouse east.of Cathey’s…

1Opinion of the CourtAlleN, J.

Tbe Search and Seizure Law has been declared constitutional in several decisions of this Court, and it is not necessary to further discuss the question. S. v. Wilkerson, 164 N. C., 431; S. v. Denton, 164 N. C., 531; S. v. Moore, 166 N. C., 284.

It will be observed from the statement of the ease that the' defendant did not reserve an exception to the evidence of the sheriff when he stated that the general reputation of the defendant was bad for dealing in liquor, and that the exception stated in the record is only to his statement that he knew what his character was; but giving the defendant…

2Cases cited11 opinions

  1. Blitz v. United StatesSupreme Court of the United States · 1894
  2. State v. . HollySupreme Court of North Carolina · 1911
  3. In Re DeatonSupreme Court of North Carolina · 1890
  4. State v. WilkersonSupreme Court of North Carolina · 1913
  5. In Re BlackSupreme Court of North Carolina · 1913

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. OliverSupreme Court of North Carolina · 1983
  2. Person v. . WattsSupreme Court of North Carolina · 1922
  3. State v. . MalpassSupreme Court of North Carolina · 1925
  4. State v. StevensSupreme Court of North Carolina · 1978
  5. Person v. Board of State Tax CommissionersSupreme Court of North Carolina · 1922

16 more not listed; retrieve them via the Exa API.

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