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249 N.C. 220

State v. Brown

Supreme Court of North Carolina

Decided November 19, 1958

Supreme Court of North Carolina · decided 1958-11-19

Decided 1958-11-19

Per Curiam.

¶1The 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.

¶2The 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*221rently 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.

¶3No Error.

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