State v. Smith

The defendant assigns as error the refusal of the court below to sustain her motion for judgment as of nonsuit.

We have heretofore held that testimony to the effect that the liquor seized was white liquor was insufficient to sustain a count charging the defendant with the unlawful possession of “illegal nontaxpaid liquor.” S. v. Wolf, 230 N.C. 268, 52 S.E. 2d 920.

We have likewise held “the court cannot take judicial notice that 'bootleg whiskey' is nontaxpaid liquor.” S. v. Tillery, 243 N.C. 706, 92 S.E. 2d 64.

In the instant case the liquor is described by the State’s witness as “nontaxpaid…