Criminal prosecution on charge of unlawful possession of illicit liquor.
The jury returned a verdict of guilty. Thereupon the court adjudged that the condition on which a sentence imposed at the January Term, 1941, was suspended had been breached and ordered commitment. Defendant excepted.
Judgment was pronounced and defendant appealed. *Page 648 When arrested the defendant said the whiskey belonged to him. It was found in a room in a shack occupied by him when on a fishing trip. He changed clothes in that room on the afternoon of his arrest and he unlocked the door thereto for the officers.
At the trial he made a radical shift of position and denied any knowledge of the liquor or its ownership. This presented an issue of fact for the jury. Hence the motion to dismiss under G.S.,
A careful examination of the other exceptive assignments of error fails to disclose any cause for disturbing the verdict.
The sentence ordered in effect for breach of condition was for a term less than the sentence here imposed and is to run concurrently. Therefore, any error therein does not prejudice the defendant.
No error.