State v. Muse

Intoxicating Liquors — Spirituous Liquors — Statutes—Constitutional Law —Federal Constitution — Federal Statutes. A State statute in furtherance of, and not in conflict with, the Federal Prohibition Law, may be declared a valid exercise of the police power of' the State, expressly sanctioned by the Eighteenth Amendment, to the Constitution of the United States.

Appeal by defendant from McElroy, J., at March Term,' 1921, of BTJNCOMBE. Criminal indictment charging the defendant with transporting, receiving, keeping on hand for sale and selling spirituous and intoxicating-liquors, contrary to the form of the statute in such eases made and provided, and against the peace and dignity of the State. The evidence of’ guilt was direct and positive. “The defendant demurred to the jurisdiction of the court for that the-Eighteenth Amendment to the Constitution of the United States repealed all State laws regarding the manufacture, sale and transportation of liquor within the United' States.” This is the defendant’s only exception. From a verdict of guilty and judgment thereon, defendant appealed.