State v. . Fowler and Brincefield

172 S.E. 191, 205 N.C. 608, 1934 N.C. LEXIS 28

Opinion

Stacy, C. J.

The evidence is sufficient to carry the case to the jury as against the defendant Fowler. Hence, the verdict and judgment will be upheld as to him.

But with respect to the defendant Brincefield, the evidence does no more than raise a suspicion, somewhat strong perhaps, of his guilt. Therefore, the demurrer to the evidence will be sustained as to him. S. v. Carter, 204 N. C., 304, 168 S. E., 204.

The defendants assail the constitutionality of chapter 434, Public Laws 1933, amending C. S., 4428, which makes the possession of tickets, certificates or orders used in the operation of a lottery prima facie evidence of a violation of said section, but the connection between the fact proved and the ultimate fact presumed seems to be a rational one, hence the objection must fail. S. v. Russell, 164 N. C., 482, 80 S. E., 66; S. v. Wilkerson, 164 N. C., 431, 79 S. E., 888; S. v. Barrett, 138 N. C., 630, 50 S. E., 506.

The case is not like S. v. Griffin, 154 N. C., 611, 70 S. E., 292, cited and relied upon by defendants.

Eeversed as to defendant Brincefield.

No error as to defendant Fowler.