From Casetext: Smarter Legal Research

State v. Biggerstaff

Supreme Court of North Carolina
Dec 1, 1923
119 S.E. 171 (N.C. 1923)

Opinion

(Filed 20 December, 1923.)

APPEAL by defendant from McElroy, J., at May Term, 1923, of RUTHERFORD.

Attorney-General Manning and Assistant Attorney-General Nash for the State.

Quinn, Hamrick Harris for defendant.


Criminal prosecution, tried upon an indictment charging the defendant with transporting spirituous liquors and having the same in his possession for the purpose of sale, contrary to the statute in such cases made and provided, etc.

From an adverse verdict, and judgment pronounced thereon, the defendant appealed.


Defendant relies entirely upon his demurrer to the evidence and motion for dismissal, or for judgment as of nonsuit under C. S., 4643. Viewing the evidence in the light most favorable to the State, the accepted position on a motion of this kind ( S. v. Rountree, 181 N.C. 535), we think the trial court was justified in submitting the case to the jury, and that the verdict is fully supported by the evidence.

No benefit would be derived from detailing the testimony of the several witnesses, as the only question before us is whether it is sufficient to carry the case to the jury, and we think it is.

No error.


Summaries of

State v. Biggerstaff

Supreme Court of North Carolina
Dec 1, 1923
119 S.E. 171 (N.C. 1923)
Case details for

State v. Biggerstaff

Case Details

Full title:STATE v. SUMMEY BIGGERSTAFF

Court:Supreme Court of North Carolina

Date published: Dec 1, 1923

Citations

119 S.E. 171 (N.C. 1923)
186 N.C. 784