State v. Peacock
Supreme Court of North Carolina
Appeal by defendant from Sharp, Special Judge, and a jury, December 1951 Criminal Term, JohNstoN. Criminal prosecution upon an indictment charging defendant with the unlawful possession and possession for the purpose of sale of one-half gallon of nontax-paid whiskey. On 7 October, 1951, at about 11:30 a.m., two officers of the State Alcoholic Beverage Control Board went to the defendant’s place of business and called for the defendant.
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Appeal by defendant from Sharp, Special Judge, and a jury, December 1951 Criminal Term, JohNstoN. Criminal prosecution upon an indictment charging defendant with the unlawful possession and possession for the purpose of sale of one-half gallon of nontax-paid whiskey. On 7 October, 1951, at about 11:30 a.m., two officers of the State Alcoholic Beverage Control Board went to the defendant’s place of business and called for the defendant. When he appeared, they made known to him their desire to procure some liquor. Arrangements were made with the defendant for the purchase of a half gallon jar…
1Opinion of the Court
72 S.E.2d 612 (1952)
236 N.C. 137
STATE
v.
PEACOCK.
No. 217.
Supreme Court of North Carolina.
August 22, 1952.
Harry McMullan, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., and Robert B. Broughton, Member of Staff, Raleigh, for the State.
Shepard & Wood, and Albert A. Corbett, Smithfield, for defendant appellant.
VALENTINE, Justice.
There was direct evidence by two witnesses that they purchased one-half gallon of non-tax-paid liquor from the defendant. This evidence was abundantly sufficient to repel defendant's motion for judgment as of nonsuit and to take the case to the jury. State v. Hart, 116 N.C.…
2Cases cited38 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. . SmithSupreme Court of North Carolina · 1942
- State v. BealSupreme Court of North Carolina · 1930
- State v. . GibsonSupreme Court of North Carolina · 1948
- State v. . HarrisSupreme Court of North Carolina · 1943
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