State v. . Knight

125 S.E. 406, 188 N.C. 630, 1924 N.C. LEXIS 141

• Court: Supreme Court of North Carolina
• Decided: November 26, 1924
• Status: Published

Opinion

Connor, J.

By section 2 of chapter 1, Public Laws 1923, the Tur-lington Act, it is provided that -no person shall possess any intoxicating liquor except as authorized in this act. This act was ratified on 1 March, 1923. Defendant contends that possession by him of intoxicating liquor in March, 1924, which he had in his possession prior to the ratification of the Turlington Act, is not unlawful, and that therefore there was error in the instruction to the jury. There is no provision in the Turlington Act authorizing any person to retain in his possession, after its ratification, intoxicating liquor which he had in his possession prior to its ratification. The defendant has not been convicted of having intoxicating liquor in his possession prior to the ratifi cation of tbe Turlington Act. He testified tbat be bad tbe balf-pint of whiskey in bis possession in March, 1924. There is no evidence'tbat such possession was authorized by any provision of tbe act of 1923.

There was no error in tbe instruction of tbe court. S. v. McAllister, 187 N. C., 400; S. v. Hammond, ante, 602.

No error.