State v. Fore
Supreme Court of North Carolina
Appeal by defendant from Long, J., at tbe September Term, 1920, ■of Buktcombe. Tbe defendant was convicted of receiving and keeping liquor on band for sale, and from tbe judgment upon such conviction appealed to tbis 'Court.
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Appeal by defendant from Long, J., at tbe September Term, 1920, ■of Buktcombe. Tbe defendant was convicted of receiving and keeping liquor on band for sale, and from tbe judgment upon such conviction appealed to tbis 'Court. There were four counts in tbe bill of indictment, tbe first charging. tbe transporting of liquor; second, tbe delivering of liquor in a quantity greater than one quart; third, tbe receipt of more than one quart of liquor during fifteen consecutive days; and .fourth, keeping liquor in bis possession for tbe purpose of sale. “Before tbe impaneling of tbe jury, counsel for…
1Opinion of the CourtAlleN, J.
The evidence is sufficient to sustain the verdict. The-defendant lived ten miles from Asheville, and he was occupying a room in a boarding-house in Asheville, fitted up for receiving liquor and keeping it for sale. At the time of his arrest he had more than a quart of' whiskey in his possession in several small bottles, a whiskey glass, and a funnel, and empty bottles and fruit jars were found in his room. In the absence of explanation the jury might reasonably and -legitimately infer from these circumstances that the defendant was receiving liquor illegally and for an illegal purpose.
The…
2Cases cited4 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Houston v. MooreSupreme Court of the United States · 1820
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- State v. ColemanSupreme Court of North Carolina · 1919
3Cited by5 opinions
- State v. JewettWashington Supreme Court · 1922
- People v. CookAppellate Division of the Supreme Court of the State of New York · 1921
- Neville v. StateSupreme Court of Georgia · 1921
- Spousta v. BergerAppellate Court of Illinois · 1923
- Palmer v. StateIndiana Supreme Court · 1921