Opinion

State v. Brown

  • 238 N.C. 260
  • 77 S.E.2d 627
  • 1953 N.C. LEXIS 412
Court
Supreme Court of North Carolina
Filed
Sep 23, 1953
Status
Published
On the bench
Per Curiam
Cited by
4 cases
Authority
More cited than 81.2%

The opinion

Per Curiam.

The only assignment of error presented by defendant for decision on this appeal is based upon exceptions to rulings of the trial court in denying her motions, aptly made, for judgment as of nonsuit. As to this, it is sufficient to say that the evidence offered by the State is enough to take the case to the jury on the question of constructive possession by defendant of nontax-paid whiskey, and to support the verdict returned by the jury.

Possession of nontax-paid whiskey in any quantity anywhere in the State is unlawful. G.S. 18-48.

S. v. Barnhardt,

230 N.C. 223 , 52 S.E. 2d 904 ; also

S. v. Parker,

234 N.C. 236 , 66 S.E. 2d 907 . And possession, within the meaning of the statute, may be either actual or constructive. See

S. v. Webb,

233 N.C. 382 , 64 S.E. 2d 268 , and cases cited; also

S. v. Parker, supra,

and cases cited.

Hence in the judgment from which this appeal is taken, there is found

No error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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