Legal Opinion · Dissent

State v. . Beam

Supreme Court of North Carolina

Decided December 6, 1922Published

Appeal by defendant from McElroy, J., at Spring Term, 1922, of CLEVELAND. Tbe defendant was convicted, at March Term, 1922, of Cleveland Superior Court, of having in his possession spirituous liquors for the purpose of sale, and of receiving more than one quart thereof within fifteen days time, and from the judgment upon such conviction appealed to this Court.

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Appeal by defendant from McElroy, J., at Spring Term, 1922, of CLEVELAND. Tbe defendant was convicted, at March Term, 1922, of Cleveland Superior Court, of having in his possession spirituous liquors for the purpose of sale, and of receiving more than one quart thereof within fifteen days time, and from the judgment upon such conviction appealed to this Court. Defendant’s exceptions 2 and 7 were taken to the judge’s refusal of a judgment as of nonsuit against the State at the conclusion of its testimony, and again at the conclusion of all the testimony. The State’s evidence, if believed,…

1Dissent

Clark, 0. J.,

dissenting: The evidence in this case was such that if believed the jury could not have found a verdict other than guilty, as the opinion-in-chief intimates. When the officers went up to the defendant’s house they found the defendant and two others running out of the shop building 50 yards from defendant’s house. His son ran back and they found him smashing bottles on the side of the house. These bottles were filled with whiskey. When the officers approached he jumped out of the window and ran with his arms full of bottles which he threw on the ground to break them. He also had…

2Cases cited24 opinions

  1. Rankin v. OatesSupreme Court of North Carolina · 1922
  2. Butts v. . ScrewsSupreme Court of North Carolina · 1886
  3. Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
  4. McKeel v. . HollomanSupreme Court of North Carolina · 1913
  5. Steeley v. Dare Lumber Co.Supreme Court of North Carolina · 1914

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