State v. . Simons
Supreme Court of North Carolina
Appeal by defendant from Kerr, Jat August Term, 1919, of Pitt. Tbe defendant was convicted on a charge that be “Did unlawfully and willfully have in bis possession illicit whiskey, three gallons, with the intent to sell, and did unlawfully and willfully receive at one time, and in one package, more than one quart of intoxicating liquor, contrary to law.” Yerdict and sentence. Appeal by defendant.
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Appeal by defendant from Kerr, Jat August Term, 1919, of Pitt. Tbe defendant was convicted on a charge that be “Did unlawfully and willfully have in bis possession illicit whiskey, three gallons, with the intent to sell, and did unlawfully and willfully receive at one time, and in one package, more than one quart of intoxicating liquor, contrary to law.” Yerdict and sentence. Appeal by defendant. Tbe evidence was that a constable, with, a search warrant for whiskey, went to defendant’s house; that he read the warrant to the defendant, who also read it. The defendant asked the officer to go in…
1Opinion of the Court
Clare:, C. J.
The statute, Laws 1913, ch. 44, sec. 2, makes “the possession of more than one gallon of spirituous liquors, at any one time, whether in one or more places, prima facie evidence of having it for the purpose of sale.”
The defendant makes no exception to the charge, and therefore it is presumed that the judge charged in accordance with the law. The defendant put on no evidence whatever to contradict the testimony that he had three gallons and a quart, though he had denied having any, and he attempted to shoot the officer.
The sole exception is to the testimony of the sheriff that' in…
2Cases cited12 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- State v. . LeakSupreme Court of North Carolina · 1911
- State v. . ParishSupreme Court of North Carolina · 1889
- State v. . MurphySupreme Court of North Carolina · 1881
- State v. GrahamSupreme Court of North Carolina · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- State v. DossSupreme Court of North Carolina · 1971
- State v. . HarrisSupreme Court of North Carolina · 1943
- State v. WilliamsSupreme Court of North Carolina · 1970
- State v. . PayneSupreme Court of North Carolina · 1938
32 more not listed; retrieve them via the Exa API.