199 S.E. 715 | N.C. | 1938
The defendant was tried and convicted on a warrant charging the possession of intoxicating liquor for the purpose of sale "in violation of the Alcoholic Beverage Control Act, 1937, Public Laws of N.C." Motions in the court below for judgment of nonsuit were denied. N.C. Code, 1935 (Michie), sec. 4643. An appeal was taken from the judgment upon a verdict of guilty by the jury. We think under the charge in the warrant the evidence was insufficient to be submitted to the jury and the motions for nonsuit should have been sustained. *526
The defendant was charged with a violation of section 3411 (79), 1937 Supp. to N.C. Code of 1935 (Michie). Although the Turlington Act has not been repealed in its entirety (S. v. Epps,
The prohibition of the possession of liquor for the purpose of sale set forth in section 3411 (79), 1937 Supp. to N.C. Code of 1935 (Michie), does not set forth any prima facie rule arising from mere possession.
For the reasons given, the judgment of the court below is
Reversed.