Legal Opinion · Concurrence

State v. . Jones

Supreme Court of North Carolina

Decided April 10, 1918Published

INDICTMENT tried before Shaw, J., at February Term, 1918, of SueRY. Tbe defendant was charged with tbe manufacture of liquor contrary to tbe statute. As there was a motion to nonsuit, it will be necessary to state some of tbe evidence. TJ.

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INDICTMENT tried before Shaw, J., at February Term, 1918, of SueRY. Tbe defendant was charged with tbe manufacture of liquor contrary to tbe statute. As there was a motion to nonsuit, it will be necessary to state some of tbe evidence. TJ. G. Belton testified: “In consequence of information received by me, I went with E. G. Smith, revenue officer, and two policemen of tbe town of Mount Airy, to tbe home of tbe defendant Sampson Jones; we went into tbe smokehouse, a few feet in tbe rear of tbe dwelling, and there found a 50-gallon barrel about two-tbirds full of still beer, two 25-gallon tubs,…

1Concurrence

Olaek, 0. J.,

concurring: When a witness described the still and appurtenances it was not the article itself that was presented to the jury, but simply a representation, more or less vivid, and more or less accurate, depending upon the witness. When the still and attachments were presented by a photograph, this was really more accurate and better calculated to convey to the minds of the jury the appearance of the still and fixtures than the oral description. It is true that a photograph can be so taken as to convey a false impression. But that is true also as to oral testimony. In both cases,…

2Cases cited4 opinions

  1. Hampton v. . R. R.Supreme Court of North Carolina · 1897
  2. Hampton v. Norfolk & Western RailroadSupreme Court of North Carolina · 1897
  3. Brown v. Southern Railway Co.Supreme Court of North Carolina · 1914
  4. Long v. . ByrdSupreme Court of North Carolina · 1915

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