State v. Baldwin
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at March Term, 1919, of Wake. The defendant was convicted of having in his possession spirituous liquors for the purpose of sale.
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Appeal by defendant from Allen, J., at March Term, 1919, of Wake. The defendant was convicted of having in his possession spirituous liquors for the purpose of sale. The evidence showed that on the night of 18 December, 1918, he drove up in an automobile to the house of his brother, Joe Baldwin, near Apex (who was also convicted at the same term of the same offense) ; at the yard gate he took out of the machine four jugs nearly full of whiskey, one of them being a three-gallon jug. He was arrested by the officers just as he put down inside the yard the last of these jugs. One of the officers…
1Opinion of the CourtGlare, C. J.
The exception chiefly relied on, it seems, was that the week before the judge, in sentencing Joe Baldwin (see S. v. Baldwin, post, 693), remarked that in his opinion Joe and Hayes Baldwin were not selling liquor to the people of Apex, but were delivering it to people in "Wilson. This was in connection with the fact that the Wilson people found in the house who had been subpoenaed as witnesses had failed to attend.
The trial of the defendant Hayes Baldwin did not take place till the next week, and it does not appear in the record that a single juror on the trial of the present defendant was…
2Cases cited10 opinions
- State v. . JonesSupreme Court of North Carolina · 1872
- State v. . CraneSupreme Court of North Carolina · 1892
- State v. . PollardSupreme Court of North Carolina · 1914
- State v. . LaxtonSupreme Court of North Carolina · 1878
- State v. HowardSupreme Court of North Carolina · 1901
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