State v. Hamlin

Court of Appeals of North Carolina

State v. Hamlin

190 S.E.2d 394, 15 N.C. App. 561, 1972 N.C. App. LEXIS 1969

CourtCourt of Appeals of North Carolina

DecidedAugust 2, 1972

DocketNo. 7217SC470

StatusPublished

This text of 190 S.E.2d 394 (State v. Hamlin) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hamlin, 190 S.E.2d 394, 15 N.C. App. 561, 1972 N.C. App. LEXIS 1969 (N.C. Ct. App. 1972).

Pincite

Opinion

BROCK, Judge.

Defendant assigns as error that the evidence is insufficient to sustain a verdict of guilty.

Upon the authority of State v. Smith, 249 N.C. 212, 105 S.E. 2d 622, we agree that the evidence is insufficient to support a verdict of guilty of the offense with which defendant was charged.

[564]*564In this case the defendant offered no evidence, and, although defendant did not move for nonsuit, the sufficiency of the State’s evidence may be reviewed upon appeal. G.S. 15-173.1.

The officers observed defendant making sales of quantities of the whiskey from the gallon plastic jug. It seems that under the circumstances they would have been well advised to have charged defendant under G.S. 18-50 (rewritten effective 1 October 1971). In that event, it would have made no difference whether the whiskey was “taxpaid” or “non-taxpaid.”

The judgment entered in this case is vacated, the verdict of the jury is set aside, and the

Case dismissed.

Judges Morris and Hedrick concur.

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