State v. . Peterson
Supreme Court of North Carolina
Appeal by defendant from Burney, J., at October Term, 1945, of SampsoN. Reversed. Criminal prosecution under a warrant charging the unlawful possession of illicit liquor for the purpose of sale, beard in the Superior Court on appeal from the county recorder’s court. On the night of 21 January, 1945, three police officers went to the home of defendant. Two of them went to the kitchen window to listen. They heard two or three people inside talking.
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Appeal by defendant from Burney, J., at October Term, 1945, of SampsoN. Reversed. Criminal prosecution under a warrant charging the unlawful possession of illicit liquor for the purpose of sale, beard in the Superior Court on appeal from the county recorder’s court. On the night of 21 January, 1945, three police officers went to the home of defendant. Two of them went to the kitchen window to listen. They heard two or three people inside talking. In a minute or two defendant’s wife opened the door and saw them. They told her to open the door and let them in. She shut the door and locked it.…
1Opinion of the CourtBaRNiiill, J.
The merit of defendant’s assignment of error, based on his exception to the refusal of the court below to grant his motion to dismiss, G-. S., 15-173, is the only question presented for consideration. We are of the opinion the motion was well advised and should have been sustained.
Tbe provisions of our statutes concerning the possession and sale of intoxicating liquors as brought forward in chapter 18 of the General Statutes of 1943 are not codified and are so numerous they tend to confuse. Section 2, chapter 44, Public Laws 1913, G. S., 18-32 (2), makes possession of more than one gallon of…
2Cases cited5 opinions
- State v. . DavisSupreme Court of North Carolina · 1939
- State v. . SuddrethSupreme Court of North Carolina · 1943
- State v. . WattsSupreme Court of North Carolina · 1944
- State v. . McNeillSupreme Court of North Carolina · 1945
- State v. . LockeySupreme Court of North Carolina · 1938
3Cited by12 opinions
- State v. RieraSupreme Court of North Carolina · 1970
- State v. HillSupreme Court of North Carolina · 1953
- State v. HallSupreme Court of North Carolina · 1954
- State v. . JonesSupreme Court of North Carolina · 1946
- State v. . WilsonSupreme Court of North Carolina · 1946
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