State v. Clark
| Decision Date | 01 March 1922 |
| Docket Number | 83. |
| Citation | 110 S.E. 641,183 N.C. 733 |
| Parties | STATE v. CLARK ET AL. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Chatham County; Cranmer, Judge.
W. E Clark and J. W. Mays were convicted of manufacturing and aiding and abetting in the manufacture of intoxicating liquors, and W. E. Clark appeals. No error.
The defendant and J. W. Mays were indicted for the manufacture of intoxicating liquor and for aiding and abetting in such manufacture. They were convicted, and after judgment pronounced the defendant Clark appealed.
There was evidence for the state tending to show the following circumstances: Mays had come from Durham and had lived in Chatham for only two or three months. He was staying with J E. Cole, his son-in-law; and George Martin, a white man who ran from the still when the officers approached it, was staying at the home of the defendant Clark. The dwelling of J. E. Cole and that of Clark were in the same neighborhood. Clark admitted that George Martin had been boarding with him for some time. On June 15, 1921, the officers found, between one-half and three-quarters of a mile from Clark's house a complete still plant in operation--copper still, furnace three stands of beer, and 25 or 50 steps away seven bags of cornmeal, two of which had shipping tags bearing the name and address of Mays, and purporting to have come from Durham. The land on which the still was found was not shown to be that of the defendant, but on his land were several still sites. Near the sacks of meal the officers found a wagon track which led into the public road, and then in the direction of the homes of Mays and Clark. The officers were not able to distinguish this track from other wagon tracks in the public road; but about one-half mile down the public road was a driveway into J. E. Cole's yard, and about 300 yards further there was another road "leading off through the yard of the defendant Clark." There was one wagon track here leading to a wagon near Clark's barn. In the bed of the wagon there were evidences of meal. One of the officers testified that he noticed a fresh wagon track leading from the distillery into the yard of the defendant Clark, and that he followed the track to where there was standing in it a one-horse wagon, in the bed of which meal was scattered. A newspaper was found at the distillery, having on it the name and address of the defendant Clark.
There was evidence for the defendant in contradiction; but it need not be stated in detail, because the only question which the appeal presents is the sufficiency of the state's evidence.
In a prosecution for manufacturing and aiding and abetting the manufacture of intoxicating liquors, evidence held sufficient to warrant submission of the question of defendant's guilt to the jury.
Wade Barber and Long & Bell, all of Pittsboro, for appellant.
James S. Manning, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
It is unlawful to manufacture or to aid and abet in the manufacture of spirituous or malt liquors or intoxicating bitters. C. S....
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