State v. . Bracco

9 S.E. 401, 103 N.C. 349

• Court: Supreme Court of North Carolina
• Decided: February 5, 1889
• Status: Published

Opinion

Merrimon, J.

The cases cited in the brief of the learned counsel for the defendant abundantly show that the statute (Acts 1887, ch. 135, § 25), in so far as it applies to non-resident “drummers,” and all persons non-resident, selling goods, wares and merchandise by wholesale or by sample, in this Slate, to persons resident in this State, is not in harmony, but inconsistent with and in contravention of provisions of the Constitution of the United States, and, therefore, inoperative and void. It is sufficient to cite some of the cases decided by tiie Supreme Court of the United States in point: Robbins v. Shely County Taxing District, 120 U. S., 489; Carson v. Maryland, ibid., 502; Asher v. Texas, 128 U. S., 129.

There is, therefore, error. The judgment and verdict of guilty must be set aside, and a verdict of not guilty entered upon the special verdict, and judgment given in favor of the defendant.

Error Judgment for defendant.