State v. Brown

Supreme Court of North Carolina

Decided September 23, 1953

Supreme Court of North Carolina · decided 1953-09-23

Cited by 7 later decisions — most recently February 1968

7 state decisions

Key passage — most relied on by later courts

““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 ; 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. . . .” State v. Brown, 238 N.C. 260 , 77 S.E. 2d 627 .”

quoted by 1 later decision, including State v. Leach

Relies on State v. Barnhardt · State v. Parker · State v. Webb

Good law ✅— No negative treatment on recordhow we know

Decided 1953-09-23

View the full empirical analysis of this case →

Per Curiam.

¶1 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.

¶2 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.

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

¶4 No error.