State v. Simmons

Defendant was tried in the Municipal-County Court of Lenoir on a warrant containing two counts. The first count charged defendant “did transport intoxicating liquors in a 1953 Oldsmobile Lie #L.E. 919 in violation of the law.” The second count charged defendant “did possess non-taxpaid whiskey in violation of the law.” This count cites G.S. 18-48.

Following defendant’s plea of not guilty there was a verdict of “Guilty Transporting Non-taxpaid Whiskey.” The recorder imposed a prison sentence of eight months, suspended on payment of a fine and costs. — Defendant appealed to the Superior Court.

On…