after stating the case as above: We have not stated all of the evidence tending to show defendant’s guilt, but only so much as •is necessary to a proper consideration of the exceptions taken at the trial. There was ample testimony to prove that defendant had liquor in his possession for the purpose of sale.
The testimony to which the defendant objected, and which was admitted, was competent to show how the search of the defendant’s premises was made and what was discovered. It laid the foundation for further proof that the liquor was on his premises with his knowledge and consent, and that some of it was placed there by him or at his request. The discoveries tended to show preparation for the sale of liquor. The conduct of the defendant, when he returned to his home, was not that of an innocent man.
“The first exception taken to the testimony as to what was said to the officer by some of the parties found at defendant’s house, about their being there, and why they were there, is without merit, because if the evidence was competent of itself, the defendant got the full benefit of it afterwards. The error, if any, was harmless, at least so far as the defendant was concerned.
The second exception is equally without any merit. It was competent and relevant to show what was found on the defendant’s premises, in the *697garage and tlie chicken coop, and the condition of those places. It aroused a grave suspicion of retailing liquor, and gave rise to even more than a suspicion, as it tended strongly to prove an actual sale of liquor. Seven five-gallon kegs of corn whiskey or “monkey rum” in the chicken coop, a half gallon of cork stoppers, a fifteen-gallon keg of bullis wine, a five-gallon jug of scuppernong wine, a' glass about the proper size, the bottle wrappers, the locked faucet, with the key in the possession of defendant’s wife, and the defendant’s behavior when he came back to his home, form an array of circumstances which cannot be denied any potency as evidence of guilt. The condition of the premises, as described by the witnesses, was competent to- show the intent and purpose of the defendant in having the liquor.
The refusal to nonsuit was correct. This follows from what we have already, and circumstantially, said about the evidence and its sufficiency. S. v. Atwood, 166 N. C., 438; S. v. Turner, 171 N. C., 803; S. v. Dobbins, 149 N. C., 465; S. v. Blauntea, 170 N. C., 749; S. v. Boynton, 155 N. C., 456; S. v. Bush, 177 N. C., 551. The evidence we have here consists of “pregnant circumstances,” as said in S. v. Turner, supra. It is the cumulation of facts that makes it all fit for the consideration of the jury, and not any single fact. The evidence in this case is stronger than was that in S. v. Jones, 175 N. C., 709, and S. v. Horner, 174 N. C., 788, where we sustained the convictions for distilling liquor.
The charge of the court was all that the defendant could ask for. It covered the points in controversy, and, when read altogether, was a correct statement of the law bearing upon the case, and the defendant had the full benefit of the instructions requested by him so far as he was entitled to them. It was not required that the judge should adopt the language of the requests. Graves v. Jackson, 150 N. C., 383; Rencher v. Wynne, 86 N. C., 269.
The judge fell into error when he stated that the law presumed an intent, or a purpose, to sell from the bare fact of possession of more than a quart, but he promptly, and even immediately, corrected the error and gave the proper instruction, in accordance with S. v. Barrett, 138 N. C., 630; S. v. Wilkerson, 164 N. C., 432, and S. v. Bean, 175 N. C., 748. The error was sufficiently retracted, and the correct rule given as to the prima facie case, presumption of innocence, reasonable doubt, and burden of proof. It also appears that defendant himself led the court into the error as to the ju’esumption by one of his own requests for instructions (No. 11).
There was no error in permitting the solicitor to restate his contentions while the court was recapitulating them on both sides. If the contentions were misstated, the judge’s attention should have been called to it, so that the proper correction could then be made; otherwise, it is *698too late after verdict to complain. Bradley v. Mfg. Co., 177 N. C., 153.
Tbe doctrine of actual and constructive possession was properly explained to tbe jury., in respect to its bearing upon tbe facts of tbis case, as it is stated in S. v. Lee, 164 N. C., 533, and S. v. Bush, 177 N. C., 551. There was evidence from wbicb tbe jury could rightly infer tbat Hayes Baldwin was acting for defendant in bringing liquor to bis premises for tbei purpose of sale, and also tbat tbe defendant was at times actually at bis borne and engaged in tbe sale of liquor from a stock, and a large one, wbicb be kept on band for sale, and at other times was constructively in possession of tbe premises and liquor for tbe same illegal purpose.
Tbe trial was free from error, so far as we can see.
No error.