Legal Opinion

State v. . Brittain

Supreme Court of North Carolina

Decided May 14, 1907PublishedCited by 11 opinions

This was a criminal action charging defendant with selling liquor after 11 o’clock P. M., under sec. 9, cb. 158, of the Private Laws of 1895, begun before the Mayor of Mor-ganton and carried on appeal by' the defendant to the Superior Court of BubKE County, where the case was tried at March Term, 1907, before his Honor, Guión, J., and from the judgment rendered, defendant appealed to the Supreme Court.

1Opinion of the CourtPeowN, J.

The constitutionality of the Act of 1895, Private Laws, ch. 158, creating the mayoralty of Morganton a special court, with full jurisdiction to try and punish offenses of the character of that’ with which the defendant is charged, has been affirmed by this Court in State v. Powell, 97 N. C., 417. The defendant demanded a jury trial before the Mayor under section 10 of the act, and excepts because the jurors were not drawn out of the box, but were summoned by the marshal as directed by the act, section 10. The exception cannot be sustained. What is meant by the terms jury and grand jury, as…

2Cases cited4 opinions

  1. State v. Lytle.Supreme Court of North Carolina · 1905
  2. People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
  3. State v. . KoonceSupreme Court of North Carolina · 1891
  4. State v. . PowellSupreme Court of North Carolina · 1887

3Cited by11 opinions

  1. State v. . CambySupreme Court of North Carolina · 1935
  2. State v. . PulliamSupreme Court of North Carolina · 1922
  3. State v. . PasleySupreme Court of North Carolina · 1920
  4. State v. PulliamSupreme Court of North Carolina · 1922
  5. State v. . MallardSupreme Court of North Carolina · 1922

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API