State v. Helms
Supreme Court of North Carolina
Appeal by defendant from Ray, J., at tbe January Term, 1921, of UNION. Tbe defendant was indicted under a bill wbicb in its first count charged him with tbe possession of intoxicating liquors for tbe purpose of selling tbe same. Its second count was as follows: “Did receive said liquor other than by common carrier, contrary to tbe form of tbe statute in such case made and provided, and against tbe peace and dignity of tbe State.”
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Appeal by defendant from Ray, J., at tbe January Term, 1921, of UNION. Tbe defendant was indicted under a bill wbicb in its first count charged him with tbe possession of intoxicating liquors for tbe purpose of selling tbe same. Its second count was as follows: “Did receive said liquor other than by common carrier, contrary to tbe form of tbe statute in such case made and provided, and against tbe peace and dignity of tbe State.” He was convicted upon tbe second count, and from tbe judgment upon such conviction appealed. Tbe evidence upon wbicb be was convicted was as follows: Frank Irby…
1Opinion of the CourtAllekt, J.
It cannot be seen from the indictment or the charge of the court whether the defendant is charged with violating sec. 3385 of Consolidated Statutes, which makes it unlawful to receive at one time and in one package more than one quart of spirituous or vinous liquors or intoxicating bitters, or more than five gallons of malt liquors, or under sec. 3386, which prohibits any person, firm, or corporation from receiving during the space of fifteen consecutive days, whether at one time or in one package or not, “any spirituous or vinous liquors or intoxicating bitters in a quantity or quantities…
2Cases cited1 opinion
- State v. Barrett.Supreme Court of North Carolina · 1905
3Cited by8 opinions
- State v. McKinneySupreme Court of North Carolina · 1975
- State v. SolomonSupreme Court of South Carolina · 1965
- State v. Burns Et Ux.Supreme Court of South Carolina · 1925
- State v. BryantSupreme Court of North Carolina · 1957
- State v. . KillianSupreme Court of North Carolina · 1917
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