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183 N.C. 775

111 S.E 350

State v. . Strange

Supreme Court of North Carolina

Decided April 12, 1922

Supreme Court of North Carolina · decided 1922-04-12

Appeal by defendant from Long,J., at October Term, 1921, of Subby. The defendant was prosecuted on an indictment containing four counts, charging bim (1) with the unlawful sale of liquor; (2) with having liquor in his possession for the purpose of sale; (3) with unlawfully receiving liquor; and (4) with the unlawful transportation. His Honor instructed the jury upon the evidence relating to the second, third, and fourth counts. There was a general verdict of guilty.

Cited by 3 later decisions — most recently November 1935

Good law ✅— No negative treatment on recordhow we know

The defendant excepted and appealed · Decided 1922-04-12

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Adams, J.

¶1 The defendant assigns as error “his Honor’s pronouncing judgment” in the case in which the defendant had pleaded guilty at a *776 previous term. But the record shows that bis Honor, instead of pronouncing judgment, ordered the defendant into custody under the judgment previously rendered, upon finding that be bad not complied with its terms. This procedure is sustained by the decisions of this Court. S. v. Everitt, 164 N. C., 399; S. v. Greer, 173 N. C., 759; S. v. Hoggard, 180 N. C., 678.

¶2 The defendant contends, in the second place, that there was no sufficient evidence to support bis Honor’s instruction as to the unlawful transportation of the liquor. If this should be granted, still in support of two other counts there was ample evidence, and the jury returned a general verdict. Where there are several counts in an indictment, and there is evidence relating only to one, a general verdict will be presumed to have been returned on the count to which the evidence applies. S. v. Long, 52 N. C., 24; S. v. Cross, 106 N. C., 650; S. v. Toole, ibid., 736; S. v. Gilchrist, 113 N. C., 673; S. v. May, 132 N. C., 1021; S. v. Gregory, 153 N. C., 646.

¶3 Wfi find no error, and this will be certified.

¶4 No error.

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