State v. Wooten

Supreme Court of North Carolina

State v. Wooten

79 S.E.2d 254, 239 N.C. 117, 1953 N.C. LEXIS 640

CourtSupreme Court of North Carolina

DecidedDecember 16, 1953

Docket584

StatusPublished

Cited by3 cases

This text of 79 S.E.2d 254 (State v. Wooten) 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. Wooten, 79 S.E.2d 254, 239 N.C. 117, 1953 N.C. LEXIS 640 (N.C. 1953).

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Opinion

*119 Ervin, J.

The only assignments of error requiring consideration are those based upon the disallowances of the motions of the defendant for compulsory nonsuits on both counts.

The testimony for the State is ample to show that some person violated the statutes relating to the possession of intoxicating liquor. It leaves to mere conjecture, however, the all-important question whether the culprit was the defendant or somebody else. Since the evidence does not indicate that the defendant had either the actiral or the constructive possession of the intoxicating liquor found by the officers, the prosecution should have been involuntarily nonsuited in the Superior Court. S. v. McLamb, 236 N.C. 287, 72 S.E. 2d 656; S. v. Webb, 233 N.C. 382, 64 S.E. 2d 268.

The convictions and sentences in the Superior Court are vacated and reversed, and the motions of the defendant for compulsory nonsuits on both counts are sustained on this appeal. Under G.S. 15-173, these rulings have the force and effect of verdicts of not guilty on both counts. S. v. Palmer, 230 N.C. 205, 52 S.E. 2d 908.

Beversed.

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*119 Ervin, J.

The only assignments of error requiring consideration are those based upon the disallowances of the motions of the defendant for compulsory nonsuits on both counts.

The testimony for the State is ample to show that some person violated the statutes relating to the possession of intoxicating liquor. It leaves to mere conjecture, however, the all-important question whether the culprit was the defendant or somebody else. Since the evidence does not indicate that the defendant had either the actiral or the constructive possession of the intoxicating liquor found by the officers, the prosecution should have been involuntarily nonsuited in the Superior Court. S. v. McLamb, 236 N.C. 287, 72 S.E. 2d 656; S. v. Webb, 233 N.C. 382, 64 S.E. 2d 268.

The convictions and sentences in the Superior Court are vacated and reversed, and the motions of the defendant for compulsory nonsuits on both counts are sustained on this appeal. Under G.S. 15-173, these rulings have the force and effect of verdicts of not guilty on both counts. S. v. Palmer, 230 N.C. 205, 52 S.E. 2d 908.

Beversed.

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Bluebook (online)

79 S.E.2d 254, 239 N.C. 117, 1953 N.C. LEXIS 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wooten-nc-1953.

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