State v. Byers, 186 N.C. 781 (1923)

Dec. 12, 1923 · Supreme Court of North Carolina

186 N.C. 781

STATE v. FRED BYERS.

(Filed 12 December, 1923.)

Appeal by defendant from Ray, J., at September Term, 1923, of Polk.

Criminal prosecution, tried upon an indictment charging defendant with manufacturing spirituous liquors in violation of C. S., 4453.

From an adverse verdict, and judgment pronounced thereon, tbe defendant appealed.

Attorney-General Manning and Assistant Attorney-General Nash for the State.

Quinn, Hamrick & Harris for defendant.

Pee OubiaM.

Defendant relies chiefly upon bis demurrer to tbe evidence and motion for dismissal, or for judgment as of nonsuit under C. S., 4643. Viewing tbe evidence in tbe light most favorable to tbe State, tbe accepted position on a motion of tbis kind (S. v. Rountree, 181 N. C., 535), we tbink tbe trial court was justified in submitting tbe case to tbe jury, and tbat tbe verdict is fully supported by tbe evidence.

No benefit would be derived from detailing tbe testimony of tbe several witnesses, as tbe only question before us is wbetber it is sufficient to carry tbe case to tbe jury, and we tbink it is.

No error.