State v. . Watts

The defendant assigns error in the denial by the trial court of his motion for' judgment as of nonsuit entered at the close of the State’s evidence. He contends that there was no sufficient evidence to support the charge of possession of whiskey for the purpose of sale.

The presence of four bottles containing less than a gallon of whiskey in the cabin near his filling station which was occupied by defendant would not be sufficient to constitute prima facie evidence that the liquor was being kept for the purpose of sale. G. S., 18-32; G. S., 18-11; S. v. Sudderth, 223 N. 0., 610. The fact that…