State v. Faulkner, 184 N.C. 632 (1922)

Nov. 29, 1922 · Supreme Court of North Carolina

184 N.C. 632

STATE v. W. B. FAULKNER.

(Filed 29 November, 1922.)

Intoxicating Liquor — Spirituous Liquor — Evidence—Instructions.

Appeal by defendant from McBlroy, J., at March Term, 1922, of Buree.

Criminal action. The defendant was convicted of a violation of the prohibition law, and from the judgment pronounced he appealed.

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

No counsel contra.

Per Curiam:.

The jury found the defendant guilty of having spirituous liquor in his possession for the purpose of sale, and of receiving at one time spirituous liquor in a quantity greater than one quart, in violation of C. S., 3379 and 3385. Tbe defendant excepted to tbe court’s refusal to dismiss tbe action as in case of nonsuit, and to tbe instruction that if tbe jury were satisfied beyond a reasonable doubt that tbe defendant bad on band for tbe purpose of sale “one gallon, or any other amount, of spirituous liquor” tbey should find tbe defendant guilty of a violation of section 3379.

We concur in bis Honor’s decision. Neither exception can be sustained.

No error.