Opinion · Supreme Court of North Carolina
State v. . Freeman
216 N.C. 161
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1939-09-20
- Topic
- general
Stacy, C. J. The motions in arrest of judgment for uncertainty in the warrants and failure to charge the defendants with the commission of a crime must be allowed on authority of S. v. Julian, 214 N. C., 574, 200 S.
Citator
UpLaw has not yet analyzed State v. . Freeman. The absence of a flag is not a finding that it is good law.
- Cited by
- 1 opinion
The motions in arrest of judgment for uncertainty in the warrants and failure to charge the defendants with the commission of a crime must be allowed on authority of S. v. Julian, 214 N. C., 574, 200 S. E., 24; S. v. Williams, 210 N. C., 159, 185 S. E., 661; and S. v. Ingle, 214 N. C., 276, 199 S. E., 10.
Our attention has been called to no statute, county or city ordinance, requiring a license, to “engage in the business of employing peddlers.” Even if it be conceded, as the State contends, that under ch. 127, Public Laws 1937 (Revenue Act), any person, firm or corporation “employing the services of another as a peddler” is made liable for the peddler’s tax therein imposed, it does not follow that the employer must obtain a license as well as the peddler employed. S. v. Smith, 211 N. C., 206, 189 S. E., 509.
Whether the defendants would be liable for failure to procure licenses for peddlers employed by them is not presented by the record.
Judgment arrested.