# State v. Brown

> Supreme Court of North Carolina · November 19, 1958 · 249 N.C. 220

URL: https://www.frixlaw.com/law-library/cases/6700258

## Case

- **Full name:** STATE v. LIVINGSTON BROWN
- **Court:** Supreme Court of North Carolina
- **Decided:** November 19, 1958
- **Citations:** 249 N.C. 220; 105 S.E.2d 641; 1958 N.C. LEXIS 449
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6700258

## Opinion text

Per Curiam.
The defendant assigns as error the refusal of the court to sustain his motions for non-suit. The evidence, though not strong, nevertheless was sufficient to justify its submission to the jury.
The court’s charge as set out in the record with respect to the unlawful possession of whisky is technically incorrect; however, the defendant has not shown that he is prejudiced by the judgment. The sentence on the charge of carrying a concealed weapon must be sustained. The sentence on the unlawful possession charge runs concur *221 rently and imposes no additional punishment. The failure to return a verdict on the charge of unlawful possession for the purpose of sale was equivalent to a verdict of not guilty on that charge.
No Error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6700258. Public record. Not legal advice.