State v. Welborn

Supreme Court of North Carolina

State v. Welborn

106 S.E.2d 204, 249 N.C. 268, 1958 N.C. LEXIS 463

CourtSupreme Court of North Carolina

DecidedDecember 10, 1958

Docket579

StatusPublished

Cited by2 cases

This text of 106 S.E.2d 204 (State v. Welborn) 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.

Bluebook

State v. Welborn, 106 S.E.2d 204, 249 N.C. 268, 1958 N.C. LEXIS 463 (N.C. 1958).

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Opinions

RodmaN, J.

Counsel for defendant, presumably in deference to the decisions, S. v. Hardy, 209 N.C. 83, 182 S.E. 831, S. v. Lowe, 209 N.C. 846, 183 S.E. 749, and S. v. Carpenter, 215 N.C: 635, 3 S.E. 2d 34, which construe the statute (G.S. 18-11) defining a -dwelling where whisky may be lawfully possessed, said: “Your Honor, we will stipulate that is the whiskey he had in his store.”

Defendant, by motion to nonsuit and exceptions to the charge, presents this question: Was possession of taxpaid whisky in his store when not possessed for sale illegal? Unless we overrule a consistent line of decisions, the answer must be in the affirmative. S. v. Shinn, 238 N.C. 535, 78 S.E. 2d 388; S. v. Fuqua, 234 N.C. 168, 66 S.E. 2d 667; S. v. Barnhardt, 230 N.C. 223, 52 S.E. 2d 904; S. v. Carpenter, supra; S. v. Hardy, supra; S. v. Lowe, supra; S. v. Briscoe, 194 N.C. 582, 140 S.E. 212; S. v. Pierce, 192 N.C. 766, 136 S.E. 121; S. v. Knight, 188 N. C. 630, 125 S.E. 406; S. v. McAllister, 187 N.C. 400, 121 S.E. 739.

[270]*270The cases relied on by defendant, S. v. Ritchie, 243 N.C. 182, 90 S.E. 2d 301; S. v. Hill, 236 N.C. 704, 73 S.E. 2d 894; S. v. Brady, 236 N.C. 295, 72 S.E. 2d 675; S. v. Suddreth, 223 N.C. 610, 27 S.E. 2d 623, determine the legality of possession in one’s residence. They hold that such possession is not per se illegal. They do not declare that storage in a place other than a residence is legal.

Defendant committed no crime when he purchased taxpaid whisky from an authorized source and transported it to its destination. G.S. 18-49 and 50. The crime was committed after the transportation was completed and when the whisky found its place of abode in a building declared by statute improper for that purpose. G.S. 18-11. Possession is illegal, G.S. 18-2, if not at an authorized place. The Legislature has the right, if it deems wise, to enlarge the class of places where legally acquired and transported whisky may be kept. We possess no such power.

No error.

PARKER, J., not sitting.

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RodmaN, J.

Counsel for defendant, presumably in deference to the decisions, S. v. Hardy, 209 N.C. 83, 182 S.E. 831, S. v. Lowe, 209 N.C. 846, 183 S.E. 749, and S. v. Carpenter, 215 N.C: 635, 3 S.E. 2d 34, which construe the statute (G.S. 18-11) defining a -dwelling where whisky may be lawfully possessed, said: “Your Honor, we will stipulate that is the whiskey he had in his store.”

Defendant, by motion to nonsuit and exceptions to the charge, presents this question: Was possession of taxpaid whisky in his store when not possessed for sale illegal? Unless we overrule a consistent line of decisions, the answer must be in the affirmative. S. v. Shinn, 238 N.C. 535, 78 S.E. 2d 388; S. v. Fuqua, 234 N.C. 168, 66 S.E. 2d 667; S. v. Barnhardt, 230 N.C. 223, 52 S.E. 2d 904; S. v. Carpenter, supra; S. v. Hardy, supra; S. v. Lowe, supra; S. v. Briscoe, 194 N.C. 582, 140 S.E. 212; S. v. Pierce, 192 N.C. 766, 136 S.E. 121; S. v. Knight, 188 N. C. 630, 125 S.E. 406; S. v. McAllister, 187 N.C. 400, 121 S.E. 739.

[270]*270The cases relied on by defendant, S. v. Ritchie, 243 N.C. 182, 90 S.E. 2d 301; S. v. Hill, 236 N.C. 704, 73 S.E. 2d 894; S. v. Brady, 236 N.C. 295, 72 S.E. 2d 675; S. v. Suddreth, 223 N.C. 610, 27 S.E. 2d 623, determine the legality of possession in one’s residence. They hold that such possession is not per se illegal. They do not declare that storage in a place other than a residence is legal.

Defendant committed no crime when he purchased taxpaid whisky from an authorized source and transported it to its destination. G.S. 18-49 and 50. The crime was committed after the transportation was completed and when the whisky found its place of abode in a building declared by statute improper for that purpose. G.S. 18-11. Possession is illegal, G.S. 18-2, if not at an authorized place. The Legislature has the right, if it deems wise, to enlarge the class of places where legally acquired and transported whisky may be kept. We possess no such power.

No error.

PARKER, J., not sitting.

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Bluebook (online)

106 S.E.2d 204, 249 N.C. 268, 1958 N.C. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-welborn-nc-1958.

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