State v. Sutton

• Decision Date: 22 May 1888
• Citation: 6 S.E. 687,100 N.C. 474
• Court: North Carolina Supreme Court
• Parties: State v. Sutton.

6 S.E. 687

(100 N.C. 474)

State

v.Sutton.

Supreme Court of North Carolina.

May 22, 1888.

1. Intoxicating Liquors—Illegal Sales—Violation op License Law.

Under Acts N. C. 1885, c. 175, § 34, relating to the sale of spirituous liquors, and requiring a license—" First, for selling in quantities less than a quart, etc.; second, for selling in quantities of one quart and less than five gallons, " etc., —an indictment which charges a sale " by the measure, less than a gallon, to-wit, by the quart, " is fatally defective, as failing to show whether defendant is charged under the first or second paragraph.

2. Same—Repeal of Statute,

Act N. C. 1887, c. 135, repealing the laws "imposing taxes" on the subjects revised in the act, and re-enacting substantially the penalties for selling liquor without a license, imposed by Acts N. C. 1885, c. 175, does not repeal said act so far as the penalties imposed for a violation of its provisions are concerned.

Appeal from superior court, Alamance county; Gilmer, Judge.

Indictment against one Sutton for selling-spirituous liquors without a license. Defendant was found guilty, but a motion in arrest of judgment was allowed, and the state appeals. For statement of the provisions of the act under which the indictment was brought, see State v. Hazell, ante, 404.

The Attorney General, for the State.

Davis, J. Indictment for selling spirituous liquors without license, tried before Gilmer, J., at spring term, 1888, of the Superior court of Alamance. The indictment charges that the defendant, "to one W. F. Morton, spirituous liquors by the measure less than a gallon, to-wit, by the quart, unlawfully did sell, * * * not having then and there a license to sell spirituous liquors by the measure aforesaid; contrary, " etc. The jury returned the following special verdict: "That, about the middle of the summer of 1886, the defendant sold spirituous liquors by the quart, and prior to this time by the pint and quart, within two years prior to the beginning of this inquisition, to W. F. Morton; that the defendant, at the time of such sales, was agent of Dan Sutton, a distiller of spirituous liquors, whose distillery was in operation 300 yards from the place of selling, a public road intervening; that the distillery of the said Sutton was situated on an acre of land, leased by said Dan Suttonfor the purpose, and had been run off and the boundaries ascertained by a survey, and that the liquor sold was manufactured at said distillery; that the land on which the grocery, where the said sales were made, 300 yards down the road, was a separate tract of land, but adjoining, belonging to the defendant, but mortgaged for five years to Dan Sutton, who was in possession, though not paying, nor under any agreement to pay, rent." The jury find the defendant guilty or not guilty, as the court may be of opinion on these facts. "Upon this special verdict his honor adjudges the defendant guilty. Def...