{ "id": 11277399, "name": "STATE v. LEANDER STAMEY", "name_abbreviation": "State v. Stamey", "decision_date": "1874-06", "docket_number": "", "first_page": "202", "last_page": "203", "citations": [ { "type": "official", "cite": "71 N.C. 202" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "7 Ired. 53", "category": "reporters:state", "reporter": "Ired.", "opinion_index": -1 }, { "cite": "3 Dev. & Bat. 39", "category": "reporters:state", "reporter": "Dev. & Bat.", "opinion_index": -1 }, { "cite": "1 Dev. & Bat. 199", "category": "reporters:state", "reporter": "Dev. & Bat.", "case_ids": [ 8687331 ], "opinion_index": -1, "case_paths": [ "/nc/18/0199-01" ] }, { "cite": "7 Ired. 275", "category": "reporters:state", "reporter": "Ired.", "case_ids": [ 8692255 ], "opinion_index": 0, "case_paths": [ "/nc/29/0275-01" ] }, { "cite": "7 Ired. 52", "category": "reporters:state", "reporter": "Ired.", "case_ids": [ 8684140 ], "opinion_index": 0, "case_paths": [ "/nc/29/0052-01" ] }, { "cite": "2 D. & B. 29", "category": "reporters:state", "reporter": "D. & B.", "opinion_index": 0 }, { "cite": "1 D. & B. 199", "category": "reporters:state", "reporter": "D. & B.", "opinion_index": 0 } ], "analysis": { "cardinality": 257, "char_count": 3755, "ocr_confidence": 0.431, "pagerank": { "raw": 5.21752573196289e-07, "percentile": 0.9407218335895259 }, "sha256": "6b7dfe21178e118263b742762187606c4f6a88b9974db4e5184ce5fb449a8c79", "simhash": "1:7d0dc174a6f960f8", "word_count": 657 }, "last_updated": "2023-07-14T17:06:20.176490+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE v. LEANDER STAMEY." ], "opinions": [ { "text": "Bynum, J.\nThe indictment is fatally defective in several particulars:\n1. It does not set forth the name of any person to whom the liquor_was given or sold. The offence charged is highly penal, and in order to defend himself the defendant must know not only the offence charged, but the name of the person upon whom it was committed. A conviction upon this bill could not be pleaded in bar of another indictment for the same offence. An indictment charging the defendant with selling spirits to slaves is not good unless their names are given. State v. Blythe, 1 D. & B. 199. So to charge a white man with playing cards with a slave without naming him. State v. Ritchie, 2 D. & B. 29.\nThe purpose of setting forth the name of the person on whom the offence has been committed is to identify the particular fact or transaction on which the indictment is founded, so that the accused may have notice of the specfic charge and have the benefit of an acquittal or conviction if accused a second time.\n2. The bill charges the offence to have been committed \u201c on and during an election day,\u201d whereas the statute only makes it an offence when done \u201c during,\u201d &c., \u201c a public election.\u201d No accepted rule for construing statutes creating crimes could, according to the words or spirit of this act, make it an offence to sell or give away liquor on an election day if for any good cause no election was held. The Court must see from the indictment itself the alleged crime. State v. Haithcock, 7 Ired. 52; State v. Eason, 70 N. C. Rep. 88.\n3. The bill does not negative the selling upon \u201c the prescription of a practising physician and for medical purposes,\u201d which is expressly allowed by the act creating the offence. Bat. Rev., chap. 32, sec. 149.\nAn indictment for trading with a slave in the day time by selling him spirituous liquors was held defective because it did not negative an order of the owner or manager, the statute creating the offence allowing such selling to a slave on such order. State v. Miller, 7 Ired. 275.\nITis Honor therefore properly arrested the judgment.\nThere is no error.\nPee Curiam. Judgment affirmed.", "type": "majority", "author": "Bynum, J." } ], "attorneys": [ "Attorney General Hargrove, for the State.", "No counsel in this Court for defendant." ], "corrections": "", "head_matter": "STATE v. LEANDER STAMEY.\nAn indictment for selling or giving away spirituous liquors during a public election should set forth the name of the person to whom the liquor was sold or given.\nWhen in such indictment, the offence was charged to have been committed \u201con and during an election day,\u201d the statute only making it an offence when done \u201cduring,\u201d &c., \u201ca public election,\u201d it was held,. that the variance was fatal. Held further, that the indictment should have negatived the selling upon \u201cthe prescription of a practising physician and for medical purposes,\u201d which is allowed by the act.\n{Blythe's case, 1 Dev. & Bat. 199; State v. Bitohie, 3 Dev. & Bat. 39; State v. Haitheoelc, 7 Ired. 53; Miller\u2019s case, Ibid 375; and State v, Eason, 70 N. 0. Rep. 88, cited and approved.)\nINDICTMENT for selling spirituous liquor on the day of election, tried before Cannon, J., at Spring Term, 1874, of the Superior Court of Clay county.\nIt was charged in the indictment that the defendant, \u201c on the 10th day of September, 1873, at and in the county of Olay, did give away and' sell spirituous liquors to various persons, then and there being in the town of ITaynesville, Clay county, on and during a public election day, within three miles of the election precinct of,\u201d &c., and concluding \u201c against the form of the statue,\u201d &c.\u201d\nThe jury returned a verdict of guilty, whereupon the defendant moved an arrest of judgment upon the ground that the indictment was insufficient. His Honor allowed the motion and arrested the j udgment. The Solicitor appealed.\nAttorney General Hargrove, for the State.\nNo counsel in this Court for defendant." }, "file_name": "0202-01", "first_page_order": 210, "last_page_order": 211 }