State v. Pendegrass

• Court: North Carolina Supreme Court
• Writing for the Court: AVERY, J., (after stating the facts as above.)
• Citation: State v. Pendegrass, 10 S.E. 1002, 106 N.C. 664 (N.C. 1890)
• Decision Date: 17 March 1890
• Parties: STATE v. PENDEGRASS.

10 S.E. 1002

106 N.C. 664

STATE v. PENDEGRASS.

Supreme Court of North Carolina

March 17, 1890

This was an indictment for a violation of an ordinance of the town of Durham in selling fresh meat in the town, and not at the market-house, tried at October term, 1889, of the superior court of Durham county, before GRAVES, J.

The jury returned a special verdict: "The jury find the following facts: The town of Durham is a municipal corporation, with power under its charter, and under the general law, to regulate its markets, and prescribe at what place and in what manner in the town shall be sold marketable things. That the town of Durham has established a market-house sufficient in size, and conveniently located for the sale of marketable things. That the board of commissioners of the town aforesaid, at their meeting held on June 18, 1889, enacted the following ordinance: 'No persons shall sell any fresh meats within the corporate limits of the town of Durham outside the market-house of said town: provided, that this ordinance shall not apply to persons selling beef, of their own raising, by the quarter. Any person violating this section shall be fined five dollars for each day said ordinance is violated, and after the first day of July, 1889.' That on the 25th day of September 1889, the defendant, within the corporate limits of the town of Durham, and outside the market-house of said town, offered to sell fresh meat, to-wit, beef, not of his own raising, and not by quarter, to William Shelburn and Charles P. Haweston and others, living within the corporate limits of said town and said William Shelburn and Charles P. Haweston and others did thereby agree to buy the same, and that the defendant subsequently, and during the day aforesaid, did deliver the quantities of beef so agreed to be bought at the residences of the said William Shelburn, Chas. P. Haweston, and others and the defendant did, at the time and places of delivering during the day aforesaid, receive from the parties afore said the price in money agreed to be paid for said fresh meat that the defendant obtained the fresh meat delivered as aforesaid from a stall or house outside of the corporate limits of the town of Durham, and at his said stall or house weighed and cut the fresh meat delivered in parcels to the said William Shelburn, Charles P. Haweston, and others as aforesaid. If, upon the foregoing facts, the court be of opinion that the...