State v. Hamlin

BROCK, Judge.

Defendant assigns as error that the evidence is insufficient to sustain a verdict of guilty.

Upon the authority of State v. Smith, 249 N.C. 212, 105 S.E. 2d 622, we agree that the evidence is insufficient to support a verdict of guilty of the offense with which defendant was charged.

*564In this case the defendant offered no evidence, and, although defendant did not move for nonsuit, the sufficiency of the State’s evidence may be reviewed upon appeal. G.S. 15-173.1.

The officers observed defendant making sales of quantities of the whiskey from the gallon plastic jug. It seems that under…