State v. Johnson, 362.
| Decision Date | 29 October 1941 |
| Docket Number | No. 362.,362. |
| Citation | 220 N.C. 252,17 S.E.2d 7 |
| Parties | STATE. v. JOHNSON. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Iredell County; J. H. Clement, Judge.
Quiller Johnson was convicted for the illegal sale of liquor, and he appeals.
No error.
The defendant was indicted on two counts for the illegal sale of liquor: (1) That he had whiskey in his possession fof the purpose of sale; (2) that he sold liquor. The jury returned a verdict of "Guilty as charged in the bill of indictment." The Court below pronounced judgment on the verdict. The defendant made several exceptions and assignments of error and appealed to the Supreme Court.
Harry McMullan, Atty. Gen., and T. W. Bruton and G. B. Patton, Asst. Attys. Gen., for the State.
Hugh G. Mitchell, of Statesville, for defendant.
The defendant introduced no evidence. At the close of the State's evidence, the defendant made a motion for judgment as of nonsuit. C.S. § 4643. The Court below overruled this motion, and in this we can see no error.
L. F. Bumgarner testified, in part: This witness was not promised immunity.
Clyde C. Cannon testified, in part:
It will be noted that Cannon, to whom the immunity was promised, was not prosecuted. See State v. Luquire, 191 N.C. 479, 132 S.E. 162. A promise of immunity to a witness for the State goes only to his credibility and not to his competency. A motion for a new trial is ordinarily in the discretion of the Court.
There were two counts in the bill of indictment and a general verdict on both counts; the verdict on any one,...
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