State v. Blauntia
| Decision Date | 08 December 1915 |
| Docket Number | (No. 354.) |
| Citation | 87 S.E. 101,170 N.C. 749 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. BLAUNTIA. |
Appeal from Superior Court, Guilford County; Lyon, Judge.
V. H. Blauntia was convicted of unlawfully having spirituous liquor in possession for purposes of sale, and he appeals. Affirmed.
John A. Barringer, of Greensboro, for appellant.
The Attorney General and T. H. Calvert, Asst Atty. Gen., for the State.
HOKE, J. [1, 2] Chapter 44, § 2, Public Laws 1913, makes it unlawful for any person, etc., other than druggists and medical depositories, duly licensed thereto, "to have in possession for purposes of sale, any spirituous, vinous or malt liquors, " and, among other things, makes the having in one's possession more than one gallon of liquor at one time, whether in one or more places, prima facie evidence of a violation of the section. The statute has been directly upheld as a valid enactment. State v. Railroad, 169 N. C. 302, 84 S. E. 283; State v. Wilkerson, 164 N. C. 431, 79 S. E. 888. And it has been also held that, where it is established that the amount of spirituous liquors specified is in the control and possession of defendant's agent, such possession shall be deemed sufficient to make out a prima facie case of guilt, within the meaning of the law.
It is chiefly urged for error by defendant that there is in this case no valid or sufficient evidence that he had possession of one or more gallons of spirituous liquors at one and the same time, so as to make out a prima facie case, and, this being true, the forbidden offense has not been established; but we do not so interpret the record. Onthe trial there were facts in evidence tending to show that defendant worked in a barber shop in Greensboro, and that on or about the 18th of May officers of the police seized three barrels, appearing to be barrels of potatoes, at the railroad station, purporting to be consigned to V. H. Blauntia, marked "Michigan Seed Potatoes"; another mark on the barrel was "From Walenstein Brewery Co., ' Richmond, Va."; that, on examination, it was found that in the barrel there were a few potatoes at the bottom and top, and, between these, were 40 pints of whisky in bottles; that, on the 19th of May, the officers went to the home of defendant, 121 Thomas street, and found there some empty barrels similar to those found at the station, except that the marks on the barrels had been erased or obliterated, and they also found there a lot of empty bottles similar to the kind found full in the barrels that were seized. It was further shown that, just prior to this seizure, two other barrels of potatoes had been receipted for by Cyrus...
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J.B. Colt Co. v. Kimball
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