Legal Opinion

State v. . Randall

Supreme Court of North Carolina

Decided December 15, 1915PublishedCited by 21 opinions

Appeal by defendant from Long, Jat July Term, 1915, of Buit-COMBE. Criminal action for unlawfully selling liquor, commenced before the police court of the city of Asheville and carried by appeal of defendant to the Superior Court, where he was convicted and appealed to this Court from a judgment that he be imprisoned for eight months and work on the public roads.

1Opinion of the Court

Walker, J.,

after stating the case: The first exception challenges the validity of the provision, of the search and seizure law, being Laws 1913, eh. 44, which makes the possession • of more than one gallon of spirituous liquor prima facie evidence of keeping it for sale in violation of law. It is too late now to question the constitutionality of this clause of the statute. A similar provision was held to be valid in S. v. Barrett, 138 N. C., 630, which has been approved by this Court frequently since it was decided. As to the validity of these laws, the prohibition law of 1908, and the search…

2Cases cited15 opinions

  1. State v. Barrett.Supreme Court of North Carolina · 1905
  2. People v. McCreaCalifornia Supreme Court · 1867
  3. State v. . BowmanSupreme Court of North Carolina · 1879
  4. Powell v. StricklandSupreme Court of North Carolina · 1913
  5. State v. WilkersonSupreme Court of North Carolina · 1913

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

3Cited by21 opinions

  1. Powell v. . StricklandSupreme Court of North Carolina · 1913
  2. State v. . MartinSupreme Court of North Carolina · 1921
  3. S. v. . WallaceSupreme Court of North Carolina · 1913
  4. State v. StanleySupreme Court of North Carolina · 1984
  5. State v. . BanksSupreme Court of North Carolina · 1933

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

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