State v. . Davis
Supreme Court of North Carolina
INDICTMENT, tried on appeal from the Mayor of Clyde, at Spring Term, 1892, of the Superior Court of Haywood County, before Hoke, J. The original affidavit and warrant charged the defendant and others with violating a town ordinance forbidding tho sale of spirituous liquors in the town of Clyde, which ordinance prescribed that a penalty of $25 should be paid for such sales.
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INDICTMENT, tried on appeal from the Mayor of Clyde, at Spring Term, 1892, of the Superior Court of Haywood County, before Hoke, J. The original affidavit and warrant charged the defendant and others with violating a town ordinance forbidding tho sale of spirituous liquors in the town of Clyde, which ordinance prescribed that a penalty of $25 should be paid for such sales. On appeal the Judge held that the affidavit in its original form showed that a criminal offence, created by a statute embodied in the charter — the substance of which is quoted in the opinion — had been committed, and in…
1Opinion of the Court
Avery, J.:
Upon affidavit setting forth that the defendants had been guilty at and in the town of Clyde, in the county of Haywood, on or about the 12th of January, 1892, of “unlawfully and wilfully selling spirituous liquors to one J. J. Burns, the said spirituous liquors not being sold as a medicine, and the said defendants being then and there drug ■gists,” the defendant had been arrested and tried before the Mayor of Clyde on a charge embodied in said affidavit of violating a town ordinance, which declared it unlawful to sell spirituous liquors in said town. It is not material whether the…
2Cases cited8 opinions
- State v. . LewisSupreme Court of North Carolina · 1890
- State v. . CooperSupreme Court of North Carolina · 1888
- State v. . FarmerSupreme Court of North Carolina · 1889
- State v. . SmithSupreme Court of North Carolina · 1889
- State v. . VaughanSupreme Court of North Carolina · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. . LewisSupreme Court of North Carolina · 1890
- State v. HigginsSupreme Court of North Carolina · 1966
- State v. . SharpSupreme Court of North Carolina · 1899
- State v. . PoythressSupreme Court of North Carolina · 1917
- State v. St. ClairSupreme Court of North Carolina · 1957
9 more not listed; retrieve them via the Exa API.