State v. . Stutts
This text of 35 S.E.2d 881 (State v. . Stutts) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
When arrested the defendant said tbe 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., 15-173, was properly overruled.
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.
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Cite This Page — Counsel Stack
35 S.E.2d 881, 225 N.C. 647, 1945 N.C. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stutts-nc-1945.