State v. Brady
| Decision Date | 08 October 1952 |
| Docket Number | No. 218,218 |
| Citation | 72 S.E.2d 675,236 N.C. 295 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. BRADY. |
Harry McMullan, Atty. Gen., and I. Beverly Lake, Asst. Atty. Gen., for the State.
D. E. McIver, Sanford, and McLean & Stacy, Lumberton, for defendant, appellant.
Lee County has not elected to operate county liquor stores under the Alcoholic Beverage Control Act of 1937. In consequence, this case is controlled by the Turlington Act of 1923 as modified by the provisions of the Alcoholic Beverage Control Act applicable to counties not engaged in operating county liquor stores. State v. Fuqua, 234 N.C. 168, 66 S.E.2d 667; State v. Welch, 232 N.C. 77, 59 S.E.2d 199.
These propositions are established law in counties which do not operate county liquor stores under the Alcoholic Beverage Control Act of 1937:
1. Under the relevant section of the Turlington Act, i. e., G.S. § 18-11, as modified by applicable provisions of the Alcoholic Beverage Control Act, i. e., G.S. § 18-49 and G.S. § 18-58, the possession by the accused, even within his private dwelling, of more than one gallon of intoxicating liquor upon which the taxes imposed by law have been paid constitutes prima facie evidence that such liquor is kept for the purpose of being sold where the accused is charged with the commission of that offense by the indictment or warrant. State v. Barnhardt, 230 N.C. 223, 52 S.E.2d 904; State v. Wilson, 227 N.C. 43, 40 S.E.2d 449; State v. Watts, 224 N.C. 771, 32 S.E.2d 348; State v. Suddreth, 223 N.C. 610, 27 S.E.2d 623.
2. Under the relevant section of the Turlington Act, i. e., G.S. § 18-11, as modified by the applicable provisions of the Alcoholic Beverage Control Act, a person may lawfully have or keep in his private dwelling while the same is occupied and used by him as his dwelling only an unlimited quantity of intoxicating liquor upon which the taxes imposed by law have been paid for use only for the personal consumption of himself, and of his family residing in such dwelling, and of his bona fide guests when entertained by him therein. State v. Barnhardt, supra; State v. Hammond, 188 N.C. 602, 125 S.E. 402.
3. Under G.S. § 1-180, it is obligatory for the trial judge to charge the jury as to the law upon every substantial feature of the case embraced within the issue and arising on the evidence without any special prayer for instruction to that effect. State v. Ardrey, 232 N.C. 721, 62S. E.2d 53.
The evidence at the trial indicated that on the occasion named in the warrant the defendant had in his possession in his private dwelling while the same was occupied and...
To continue reading
Request your trial
-
State v. Hunter
...as to the law upon all substantial features of the case. State v. Everette, 284 N.C. 81, 199 S.E.2d 462 (1973); State v. Brady, 236 N.C. 295, 72 S.E.2d 675 (1952); State v. Ardrey, 232 N.C. 721, 62 S.E.2d 53 (1950). The judge must charge the jury as to what constitutes the essential element......
-
State v. Harper
...relating to each substantial feature of the case." State v. Everette, 284 N.C. 81, 87, 199 S.E.2d 462, 467 (1973) (citing State v. Brady, 236 N.C. 295, 72 S.E.2d 675 (1952) (other citation omitted)). "Jury instructions must be supported by the evidenced and] . . . all essential issues arisi......
-
State v. Stroupe
...v. Merrick, 171 N.C. 788, at page 795, 88 S.E. 501, at page 505. See also State v. Ardrey, 232 N.C. 721, 62 S.E.2d 53; State v. Brady, 236 N.C. 295, 72 S.E.2d 675. To so charge is not only a requirement incident to the great office a trial judge holds to see justice impartially administered......
-
Hawkins v. Simpson
...the law be declared, explained, and applied to the evidence bearing on the substantial and essential features of the case. State v. Brady, 236 N.C. 295, 72 S.E.2d 675; Howard v. Carman, 235 N.C. 289, 69 S.E.2d 522; State v. Washington, 234 N.C. 531, 67 S.E.2d 498; Chambers v. Allen, 233 N.C......