State v. Peacock
Supreme Court of North Carolina
Appeal by defendant from Sharp, Special Judge, and a jury, December 1951 Criminal Term, JohNstoN. Criminal prosecution upon an indictment charging defendant with the unlawful possession and possession for the purpose of sale of one-half gallon of nontax-paid whiskey. On 7 October, 1951, at about 11:30 a.m., two officers of the State Alcoholic Beverage Control Board went to the defendant’s place of business and called for the defendant.
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Appeal by defendant from Sharp, Special Judge, and a jury, December 1951 Criminal Term, JohNstoN. Criminal prosecution upon an indictment charging defendant with the unlawful possession and possession for the purpose of sale of one-half gallon of nontax-paid whiskey. On 7 October, 1951, at about 11:30 a.m., two officers of the State Alcoholic Beverage Control Board went to the defendant’s place of business and called for the defendant. When he appeared, they made known to him their desire to procure some liquor. Arrangements were made with the defendant for the purchase of a half gallon jar…
1Opinion of the CourtYaleNTINE, J.
There was direct evidence by two witnesses that they purchased one-half gallon of nontax-paid liquor from the defendant. This evidence was abundantly sufficient to repel defendant’s motion for judgment as of nonsuit and to take the case to the jury. S. v. Hart, 116 N.C. 976, 20 S.E. 1014; S. v. Utley, 126 N.C. 997, 35 S.E. 428; S. v. Carlson, 171 N.C. 818, 89 S.E. 30; S. v. Oakley, 176 N.C. 755, 97 S.E. 616; S. v. Sigmon, 190 N.C. 684, 130 S.E. 854.
This brings us directly to a consideration of defendant’s other exceptive assignments of error.
Defendant objected to the use of notes and…
2Cases cited30 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. . SmithSupreme Court of North Carolina · 1942
- State v. . GibsonSupreme Court of North Carolina · 1948
- State v. . HarrisSupreme Court of North Carolina · 1943
- State v. BirchfieldSupreme Court of North Carolina · 1952
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3Cited by11 opinions
- State v. McQueenSupreme Court of North Carolina · 1978
- State v. SmithSupreme Court of North Carolina · 1977
- State v. JohnsonCourt of Appeals of North Carolina · 1974
- State v. AdamsSupreme Court of North Carolina · 1980
- State v. MasseySupreme Court of North Carolina · 1968
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