State v. . Mull
Supreme Court of North Carolina
Appeal by defendant from 'Harding, J., at August Term, 1939, of Burke. Tbe defendant was convicted for selling spirituous liquors to one W. T. Mace. There was evidence of a sale of spirituous liquors on 20 December, 1918, but at no other time, and there was no evidence tending tcshow a sale subsequent to 23 January, 1919. There was a motion for nonsuit, which was refused, and defendant excepted.
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Appeal by defendant from 'Harding, J., at August Term, 1939, of Burke. Tbe defendant was convicted for selling spirituous liquors to one W. T. Mace. There was evidence of a sale of spirituous liquors on 20 December, 1918, but at no other time, and there was no evidence tending tcshow a sale subsequent to 23 January, 1919. There was a motion for nonsuit, which was refused, and defendant excepted. The defendant requested the court to instruct the jury that if they found that the defendant retailed spirituous liquors in Burke County prior to 23 January, 1919, and not since that date, they should…
1Opinion of the Court
Claek, O. J.
The evidence was uncontradicted that the defendant on 20 December, 1918, retailed and sold spirituous liquors unlawfully and willfully in the county of Burke. The defendant offered no testimony, was convicted and sentenced for the misdemeanor as charged.
The defendant urges that this was error because Public-Local Laws 1919, ch. 2, ratified 23 January, 1919, provided that retailing spirituous liquors in the county of Burke should be a felony. But that act was made prospective, for it provided that it should “take effect from its ratification,” and that it repealed all laws in…
2Cases cited7 opinions
- State v. Perkins.Supreme Court of North Carolina · 1906
- State v. . MasseySupreme Court of North Carolina · 1887
- State v. . BroadwaySupreme Court of North Carolina · 1911
- State Ex Rel. Solicitor v. JohnsonSupreme Court of North Carolina · 1916
- State v. . MasseySupreme Court of North Carolina · 1889
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3Cited by6 opinions
- State v. PardonSupreme Court of North Carolina · 1967
- State v. . HardySupreme Court of North Carolina · 1935
- State v. FosterSupreme Court of North Carolina · 1923
- State v. . SpencerSupreme Court of North Carolina · 1923
- Town of Pinebluff v. Moore Cty.Court of Appeals of North Carolina · 2018
1 more not listed; retrieve them via the Exa API.