State v. Welborn

Counsel for defendant, presumably in deference to the decisions, S. v. Hardy, 209 N.C. 83, 182 S.E. 831, S. v. Lowe, 209 N.C. 846, 183 S.E. 749, and S. v. Carpenter, 215 N.C: 635, 3 S.E. 2d 34, which construe the statute (G.S. 18-11) defining a -dwelling where whisky may be lawfully possessed, said: “Your Honor, we will stipulate that is the whiskey he had in his store.”

Defendant, by motion to nonsuit and exceptions to the charge, presents this question: Was possession of taxpaid whisky in his store when not possessed for sale illegal? Unless we overrule a consistent line of decisions, the…