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N.C.App.1 SPRING SESSION 1973 581
Hursey v. Town of Gibsonville
for any errors which counsel may have neglected to bring
forth or argue."
Accordingly, we have carefully examined the record and
find and hold that the defendant had a fair trial free from
prejudicial error.
No error.
Judges BRITT and VAUGHN concur.
S. H. HURSEY, JR., t/b/a HURSEY'S HANDY CORNER; DWIGHT
SHOFFNER, t / b / a HILLTOP GROCERY; TROY E. PERKINS,
t/b/a PERKINS GROCERY, AND JOWEL BARRINGER, t/b/a GIB-SONVILLE
RED AND WHITE GROCERY STORE, PLAINTIFFS
THE TOWN OF GIBSONVILLE, A MUNICIPALC ORPORATIOANN, D M. W.
MILLIGAN, CHIEF OF POLICEO F THE TOWNO F GIBSONVILLED,E FEND-ANTS
-AND -
ROBERT MORGAN, ATTORNEGYE NERALOF NORTHC AROLINAA, DDITIONAL
DEFENDANT
No. 7318SC374
(Filed 11 July 1973)
Constitutional Law 8 12; Intoxieating Liquor § 1- prohibiting sale of beer
and wine on Sunday - exemption of holders of brown bagging permits - unconstitutionality
The proviso of G.S. 18A-33(b) excluding the holders of "brown
bagging9' permits from provisions of that statute authorizing munici-palities
and counties to prohibit beer and wine sales from 1:00 p.m.
on Sunday until 7:00 a.m. on Monday is unconstitutional as an im-permissible
discrimination arbitrarily established between competing
businesses in similar situations which has no reasonable relation to the
purpose of the law; however, the remainder of that statute is a valid
exercise of the police power and grants to municipalities the authority
to place and enforce a total ban on the sale of beer and wine on Sun-days
after 1:00 p.m.
APPEAL by plaintiffs and Attorney General from Exum,
Judge, 18 December 1972 Session of Superior Court held in
GuILFORD County.
Plaintiffs operate retail businesses in Gibsonville, North
Carolina. They hold G.S. 18A-38(e) (2) and/or (d) (2) alcoholic
Object Description
| Title | North Carolina Court of Appeals Reports [v.018, Spring Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 18, Spring Session 1973. Cited as 18 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 36.8 MB; 832 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_018.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 605 |
| Full Text | N.C.App.1 SPRING SESSION 1973 581 Hursey v. Town of Gibsonville for any errors which counsel may have neglected to bring forth or argue." Accordingly, we have carefully examined the record and find and hold that the defendant had a fair trial free from prejudicial error. No error. Judges BRITT and VAUGHN concur. S. H. HURSEY, JR., t/b/a HURSEY'S HANDY CORNER; DWIGHT SHOFFNER, t / b / a HILLTOP GROCERY; TROY E. PERKINS, t/b/a PERKINS GROCERY, AND JOWEL BARRINGER, t/b/a GIB-SONVILLE RED AND WHITE GROCERY STORE, PLAINTIFFS THE TOWN OF GIBSONVILLE, A MUNICIPALC ORPORATIOANN, D M. W. MILLIGAN, CHIEF OF POLICEO F THE TOWNO F GIBSONVILLED,E FEND-ANTS -AND - ROBERT MORGAN, ATTORNEGYE NERALOF NORTHC AROLINAA, DDITIONAL DEFENDANT No. 7318SC374 (Filed 11 July 1973) Constitutional Law 8 12; Intoxieating Liquor § 1- prohibiting sale of beer and wine on Sunday - exemption of holders of brown bagging permits - unconstitutionality The proviso of G.S. 18A-33(b) excluding the holders of "brown bagging9' permits from provisions of that statute authorizing munici-palities and counties to prohibit beer and wine sales from 1:00 p.m. on Sunday until 7:00 a.m. on Monday is unconstitutional as an im-permissible discrimination arbitrarily established between competing businesses in similar situations which has no reasonable relation to the purpose of the law; however, the remainder of that statute is a valid exercise of the police power and grants to municipalities the authority to place and enforce a total ban on the sale of beer and wine on Sun-days after 1:00 p.m. APPEAL by plaintiffs and Attorney General from Exum, Judge, 18 December 1972 Session of Superior Court held in GuILFORD County. Plaintiffs operate retail businesses in Gibsonville, North Carolina. They hold G.S. 18A-38(e) (2) and/or (d) (2) alcoholic |
