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210 N.C. 168

185 S.E 665

State v. . Tate

Supreme Court of North Carolina

Decided May 20, 1936

Supreme Court of North Carolina · decided 1936-05-20

Cited by 1 later decisions — most recently June 1938

1 state decisions

Key passage — most relied on by later courts

“Under C. S., 3379, which is not in conflict with the New Hanover County Alcoholic Beverage Control Act, ch. 418, Public Laws 1935, and *Page 715 therefore not repealed thereby ( S. v. Langley , 209 N.C. 178 ), the possession of more than a gallon of spirituous liquor is prima facie evidence of its possession for the purpose of sale. S. v. Hammond , 188 N.C. 602 , 125 S.E. 402 ; S. v. Bush , 177 N.C. 551 , 98 S.E. 281 . Hence, the evidence was sufficient to carry the case to the jury and to warrant a conviction. S. v. Ellis, ante , 166.”

quoted by 1 later decision, including State v. . Epps

Good law ✅— No negative treatment on recordhow we know

Decided 1936-05-20

View the full empirical analysis of this case →

Stacy, C. J.

¶1 Under C. S., 3379, which is not in conflict with the New Hanover County Alcoholic Beverage Control Act, ch. 418, Public Laws 1935, and therefore not repealed thereby (S. v. Langley, 209 N. C., 178), the possession of more than a gallon of spirituous liquor is prima facie evidence of its possession for the purpose of sale. S. v. Hammond, 188 N. C., 602, 125 S. E., 402; S. v. Bush, 177 N. C., 551, 98 S. E., 281. Hence, the evidence was sufficient to carry the case to the jury and to warrant a conviction. S. v. Ellis, ante, 166.

¶2 The defendant contends that under the Turlington Act, 3 C. S., 3411 (j), the possession of the liquor in question was lawful. S. v. Dowell, 195 N. C., 523, 143 S. E., 133. This statute was expressly rendered inapplicable to New Hanover County by ch. 418, Public Laws 1935.

¶3*170 There was a slight inaccurate statement by the Judge in his charge, hut taken as a whole, the lapsus linguae was neither misleading nor prejudicial. The verdict and judgment will he upheld.

¶4 No error.

ClarksoN, J., concurs in result.
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