{
  "id": 8683207,
  "name": "STATE v. JOHN E. HAMPTON",
  "name_abbreviation": "State v. Hampton",
  "decision_date": "1877-06",
  "docket_number": "",
  "first_page": "526",
  "last_page": "527",
  "citations": [
    {
      "type": "official",
      "cite": "77 N.C. 526"
    }
  ],
  "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": [],
  "analysis": {
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    "simhash": "1:5eca864c8eccd0c7",
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  "last_updated": "2023-07-14T20:46:21.915598+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. JOHN E. HAMPTON."
    ],
    "opinions": [
      {
        "text": "Eaibuloth, J.\nThis case turns on the Act of 1874-\u201975, ch. 126, making it unlawful for any person to sell any intoxicating liquors \u201c within three miles of the located line of the Asheville and Spartanburg Railroad, during the construction of the said road.\u201d\nThe defendant sold liquor within three miles of the \u201c located line,\u201d but not within three miles of any part of it undergoing construction, which seems to be the proper interpretation ; especially as this view remedies the evil probably aimed at.\nIf the Legislature intended to give exclusive jurisdiction of this offence to a Justice of the Peace, they failed to do so, by not complying with' Art. IV. \u00a7 33 (now \u00a7 27) of the Constitution.\nThere is error. Let this be certified to the Superior Court of Buncombe County to the end that the defendant may be discharged.\nPee, Cueiaij. Judgment reversed.",
        "type": "majority",
        "author": "Eaibuloth, J."
      }
    ],
    "attorneys": [
      "Attorney General, for the State.",
      "Messrs. A. T. $ T. F. Davidson and J. FI. Merrimon, for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. JOHN E. HAMPTON.\nIndictment \u2014 Selling Liquor\u2014 Construction of Statute \u2014 Jurisdiction.\n1. The Act of 1S74 \u2014 \u201d/5, oh. 120, making it indictable to sell liquor, &c., \u201cwithin three miles of the located line of the Asheville & Spartanburg R. R., during the construction of the said road,\u201d applies only to that t part of the road actually undergoing construction; Therefore, where a defendant was indicted un ler this act, and the jury found specially that ho sold liquor within two miles of the located line, but that the road had never been in process of eonsti notion within seven miles of the place of sale ; Held, that he was not guilty.\n2. A misdemeanor punishable \u201cby fine of notless than ten nor more than fifty dollars, or by imprisonment of not less than ten days,\u201d is not within the jurisdiction of a Justice of the Peace.\nINDICTMENT for a Misdemeanor, tri\u00e9d at Spring Term, 1877, of Buncombe Superior Court, before Funches, J.\nThe defendant was indicted for selling liquor in violation of Laws 1874-\u201975, eh. 126 : Sec. 1. \u201cThat it shall be unlawful for any person or persons to sell or in any manner give away any intoxicating liquors, or either directly or indirectly receive any compensation for the same, within three miles of the located line of the Asheville and Spartanburg Railroad during the construction of the said road.\nSec. 2. \u201cAny person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction before any Justice of the Peace, shall be punished by a fine notless than ten dollars or more than fifty dollars, or by imprisonment of not less than ten days.\u201d\nIt was found by a special verdict that the defendant sold liquor in Asheville ; that the line of said Railroad \u2019was located two miles south of Asheville ; and that the Road had never been in process of construction within seven miles of the place of selling the liquor. Thereupon the Court held that the defendant was guilty. Judgment. Appeal by defendant.\nAttorney General, for the State.\nMessrs. A. T. $ T. F. Davidson and J. FI. Merrimon, for the defendant."
  },
  "file_name": "0526-01",
  "first_page_order": 540,
  "last_page_order": 541
}