State v. Taylor
Supreme Court of North Carolina
Appeal by defendant from Rousseau, J., and a jury, February Term, 1952, Eoesyth. Criminal prosecution upon a bill of indictment charging tbat tbe defendant did transport, deliver, furnish, sell, possess and possess for tbe purpose of sale intoxicating liquor in violation of tbe Prohibition Law. On or about 10 October, 1951, two undercover investigators of tbe State Aleobolie Beverage Control Board were assigned to tbe area including tbe city of 'W’inston-Salem.
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Appeal by defendant from Rousseau, J., and a jury, February Term, 1952, Eoesyth. Criminal prosecution upon a bill of indictment charging tbat tbe defendant did transport, deliver, furnish, sell, possess and possess for tbe purpose of sale intoxicating liquor in violation of tbe Prohibition Law. On or about 10 October, 1951, two undercover investigators of tbe State Aleobolie Beverage Control Board were assigned to tbe area including tbe city of 'W’inston-Salem. Shortly after 9 o’clock on tbe evening of 6 December, 1951, while these officers were staying at a motor court in tbe western part of…
1Opinion of the CourtValeNTINE, J.
Defendant based bis motion for judgment as of non-suit upon the 'theory that there was a fatal variance between the allegations in the bill of indictment and the State's evidence. He strongly argues that the bill of indictment was based upon the Turlington Act, G-.S. 18-1, et seq., and that the proof tended to support a violation of the State Alcoholic Beverage Control Act, G.S. 18-36, et seq. The bill of indictment makes no reference to any statute. Defendant urges in support of his contention that the sale of liquor was made to an undercover investigator of the State Alcoholic Beverage…
2Cases cited25 opinions
- Jones v. Commissioners.Supreme Court of North Carolina · 1905
- State v. . DavisSupreme Court of North Carolina · 1939
- Rector v. . RectorSupreme Court of North Carolina · 1923
- State v. . EppsSupreme Court of North Carolina · 1938
- State v. MarshSupreme Court of North Carolina · 1951
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3Cited by4 opinions
- State v. WilliamsonSupreme Court of North Carolina · 1959
- State v. KimballSupreme Court of North Carolina · 1964
- State v. BuckSupreme Court of North Carolina · 1953
- State v. ShaffnerCourt of Appeals of North Carolina · 1980