State v. . Mull

Stacy, C. J.,

after stating the case: The fact situation, out of which the law of this case arises, especially when viewed in the light of the verdict, is different from any heretofore presented for our consideration.

The eighth count in the bill of indictment is bad, and may be disregarded. It was said in S. v. Hammond, 188 N. C., 602, that the mere receipt of liquor, in one’s home, for a lawful purpose, is not forbidden by any proper construction of the statute. The word “receive” is nowhere used in the statute; hence, the verdict on the eighth count is apparently without warrant of law.

The…