Davidson County NcArchives Court.....R. A. Sowers, State V. 1892
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 23, 2011, 7:07 pm

Source: N C Reports
Written: 1892

State v. R. A. Sowers

Indictment - Sale of Spirituous Liquors - Special Verdict

When the jury found that the defendant sold spirituous liquors within two 
miles of a certain school house, and the act under which defendant was 
indicted forbid any person from erecting any stand or place of business for 
the purpose of offering for sale spirituous liquors: Held, not guilty.

The was an Indictment for selling spirituous liquors within two miles of a 
public school house in Davidson County, tried before McIver, J., at the March 
Term, 1892, of Davidson Superior Court.

The facts are sufficiently stated in the opinion.

The Attorney General for the State
No counsel for defendant

NC Supreme Court Justice Burwell, J. - This is an indictment against the 
defendant for selling spirituous liquor within two miles of a public school 
house in Davidson Cunty, contrary to the provisions of chapter 415 of the Laws 
of 1891.

The jury found a verdict, as follows: "The jury find as a fact that Robert A. 
Sowers, Sr., since the first day of April, 1891, and prior to the finding of 
this bill, sold spirituous and intoxicating liquors by the quantity less than 
a gallon, to wit, by the half gallon, to J. A. Leonard, within the distance of 
two miles of Leonard's school house in Lexington township, Davidson County, 
the same being a public school house where public schools are taught in said 
county."

Upon the facts found in the special verdict, the defendant was adjudged to be 
guilty. There was judgment against him, and he appealed.

The act referred to (Laws of 1891, ch. 415, sec. 2) provides that it shall be 
unlawful for any person to erect any stand or place of business for the 
purpose of selling or offering for sale any spirituous liquors within two 
miles of any church in this State; and by a proviso contained in section 4, it 
is declared that the act "shall only apply to churches" in the certain 
counties named, and "to public school houses and other institutions of 
learning in Davidson County." It is unnecessary to consider what effect should 
be given to this proviso, for the special verdict does not find that the 
defendant has committed the act made unlawful by section 2, to wit, erecting a 
stand or place of business for the purpose of selling or offering for sale 
spirituous liquor; and it follows that, upon the verdict, the defendant should 
have been adjudged not guilty.

There is error. The cause will be remanded to be proceeded with according to 
law.

Error

Additional Comments:
In the NC Supreme Court September Term 1892

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