State v. May

This case comes here from a county in which ABC stores are operated. The warrant on which the defendant was tried is a part of the record and is before us. The first count charges the unlawful possession of intoxicating liquors on which the taxes had not been paid. The question whether the count charged an offense under G. S. 18-2 or under G. S. 18-48 was neither raised in the superior court nor here. The superior court treated the charge as having been laid under G. S. 18-48 (the ABC Act). The section makes unlawful the possession of alcoholic beverages on which the Federal and State taxes…