State v. Lee
Supreme Court of North Carolina
Appeal by defendants from Connor, J., at July Term, 1913, of "WASHINGTON. The defendant was tried and convicted under tbe Search and Seizure Law for having spirituous liquors in his possession for the purpose of -sale, on a warrant issued by a recorder.
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Appeal by defendants from Connor, J., at July Term, 1913, of "WASHINGTON. The defendant was tried and convicted under tbe Search and Seizure Law for having spirituous liquors in his possession for the purpose of -sale, on a warrant issued by a recorder. When the-case was called for trial in the Superior Court, after the jury had been impaneled, the solicitor for the State moved that the warrant be amended by adding after the words, “spirituous liquors,” the words, “for the purpose of sale.” The motion was allowed, and the defendant excepted. The evidence for the State tended to show that on…
1Opinion of the CourtAlleN, J.
The authority of his Honor to permit-an amendment of the warrant is well settled. S. v. Vaughan, 91 N. C., 532; S. v. Telfair, 130 N. C., 645.
The other exception relied on by the defendant involves a construction • of the language in the Search and Seizure Law (ch. 44, Laws 1913), “to have or keep in his, their, or its possession for the purpose of sale any spirituous, vinous, or malt liquors.”
The contention of the - defendant is that by “possession” is meant an actual possession, and that as the whiskey did not reach the defendant, and was seized in the hands of his' agent, he is not guilty,…
2Cases cited5 opinions
- State v. . StroudSupreme Court of North Carolina · 1886
- State v. PotterSupreme Court of Vermont · 1869
- State v. . VaughanSupreme Court of North Carolina · 1884
- State v. TelfairSupreme Court of North Carolina · 1902
- State v. WashburnSupreme Court of Iowa · 1860
3Cited by22 opinions
- State v. . MeyersSupreme Court of North Carolina · 1925
- State v. McLambSupreme Court of North Carolina · 1952
- State v. MalachiSupreme Court of North Carolina · 2018
- State v. HarrisOregon Supreme Court · 1923
- State v. HarrisonSupreme Court of North Carolina · 1954
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