State v. Herring
| Decision Date | 10 October 1907 |
| Citation | 58 S.E. 1007,145 N.C. 418 |
| Parties | STATE v. HERRING. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Pender County; Long, Judge.
Sol. Herring was convicted of illegal sales of intoxicating liquors, and he appeals. Affirmed.
Solicitor Jones, the alleged vendee of the liquor, testified for the state as follows: There was further testimony as follows: William Hand, cross-examination: Defendant requested the court to charge the jury that if they believed the testimony they would render a verdict of not guilty, which was refused, and defendant excepted. Verdict of guilty, and from judgment on verdict defendant appealed.
Under Pub.Laws 1903, p. 851, c. 498, making a place of delivery of whisky in P. county the place of sale, evidence held to show a sale by the dealers from whom the liquor was ordered to the persons to whom it was delivered in P. county, in which defendant aided and abetted.
Stevens Beasley & Weeks, for appellant.
Assistant Attorney General Clement, for the State.
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State v. Dixon
... ... liquors, such as State v. Joyner, 81 N.C. 534; ... State v. Stovall, 103 N.C. 416, 8 S.E. 900; ... State v. Barringer, 110 N.C. 525, 14 S.E. 781; ... State v. Snow, 117 N.C. 778, 23 S.E. 323; Guy v ... Commissioners, 122 N.C. 471 29 S.E. 771, and State ... v. Herring, 145 N.C. 418, 58 S.E. 1007, 122 Am.St. Rep ... 461. Also to be noted are those cases, such as Intendant, ... etc., of Raleigh v. Sorrell, 46 N.C. 49, and State ... v. Moore, 104 N.C. 714, 10 S.E. 143, 17 Am.St.Rep. 696, ... which upheld local laws regulating the measuring to be used ... ...
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State v. Wilkerson
... ... There could be ... but one inference from the evidence, and the judge might well ... have charged the jury that if they believed the evidence to ... return a verdict of guilty. State v. Railroad, 149 ... N.C. 508, 62 S.E. 1088 ... In ... State v. Herring, 145 N.C. 418, 58 S.E. 1007, 122 ... Am. St. Rep. 461, the court held (Hoke, J.) that taking ... orders and procuring whisky to be thereafter delivered to the ... parties who had furnished the agent with the money for such ... purchase made the defendant guilty of a sale if the whisky ... was ... ...
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State v. Cardwell
... ... was not selling himself and as a coprincipal is indictable ... for the sale. This was held in State v. Burchfield, ... 149 N.C. 537, 63 S.E. 89, and cases cited. Reidsville, the ... place of its delivery, is the place of sale. Rev. § 2080; ... Hoke, J., in State v. Herring, 145 N.C. 420, 58 S.E ... 1007, 122 Am. St. Rep. 461, and other cases affirming ... State v. Patterson, 134 N.C. 612, 47 S.E. 808. To ... same effect, Brown, J., in State v. Johnson, 139 ... N.C. 641, 52 S.E. 273, which has been often cited and ... approved. We have held that where a contract ... ...
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State v. Bailey
... ... 1913, § 8739), as we ... have disposed of the case upon other sufficient ... [83 S.E. 713.] ... grounds, and therefore it would be supererogatory to do so ... The cases of State v. Patterson, 134 N.C. 612, 47 ... S.E. 808, State v. Long, 134 N.C. 754, 48 S.E. 999, ... State v. Herring, 145 N.C. 421, 58 S.E. 1007, 122 ... Am. St. Rep. 461, State v. Williams, 146 N.C. 630, ... 61 S.E. 61, 17 L. R. A. (N. S.) 299, 14 Ann. Cas. 562, and ... State v. Burchfield, 149 N.C. 541, 63 S.E. 89, are ... not pertinent to the discussion of this case, in the view we ... have taken of it, ... ...