State v. Langley

• Citation: 183 S.E. 526,209 N.C. 178
• Decision Date: 22 January 1936
• Docket Number: 77.
• Parties: STATE v. LANGLEY.
• Court: North Carolina Supreme Court

183 S.E. 526

209 N.C. 178

STATE v. LANGLEY.

No. 77.

Supreme Court of North Carolina

January 22, 1936

Appeal from Superior Court, Nash County; Cranmer, Judge.

Sid Langley, Jr., was convicted of possession of whisky for the purpose of sale, and he appeals.

Affirmed.

SCHENCK and DEVIN, JJ., dissenting in part.

This is a criminal action in which the defendant was tried in the superior court of Nash county de novo on a warrant issued by a justice of the peace of said county on August 11, 1935, and returnable to the recorder's court of Nash county. At the trial in the recorder's court, the defendant was convicted, and, from the judgment of said court, he appealed to the superior court.

The criminal warrant on which the defendant was tried was issued on a complaint in which it was charged that at and in Nashville township, Nash county, N. C., on or about August 11, 1935, Sid Langley, Jr., did unlawfully, willfully, and feloniously have in his possession about one and one-half gallons of whisky for the purpose of sale, contrary to the form of the statute and against the peace and dignity of the state.

At the trial the state offered evidence as follows:

W. C Cook, a witness for the state, testified: "I am a police officer of the Town of Nashville, N.C. On the 11th day of August, 1935, I was going down the Rocky Mount Highway and saw a Model T Ford automobile sitting under the service station, which is located on the south side of said highway about one mile east from Nashville. It is known as Clark's Service Station. Two men were standing on one side of the automobile and two ladies were standing on the other side. As I passed by I saw the defendant put a pint bottle into a pocket of one of the men. I went on to Rocky Mount and later came back by the service station. I then saw a truck sitting under the shelter of the service station. I saw Mr. Langley, the defendant, pass a bottle to the driver of the truck, who was sitting in the cab. I came on to Nashville, and after talking with Sheriff Griffin, we got a search warrant and went back to the service station. When we went in, Mr. Langley was coming from the back room of the service station with a pint of whisky in his hand. When we went into the back room, which was a bed room, we found a stone jug with about one and one-half gallons of whisky in it, and a siphon in the jug. We came back into the front room, and there found two drinking glasses sitting on a counter, with the odor of whisky in them. The defendant told me that he operated the service station.

The bottle which I saw Mr. Langley put into the man's pocket and the bottle which I saw him pass to the man in the cab of the truck both appeared to contain some white liquid, but I did not get close enough to swear whether it was whisky or not."

John H Griffin, a witness for the state, testified: "I am a deputy sheriff of Nash County. Upon information which came to me, I obtained a search warrant and went down to search the defendant's place on 11 August, 1935. As I went in I met Langley coming out of his bed room with a pint of whisky in his hand. He was coming into the front room, which I reckon you would call the store room. There were three glasses sitting on the counter and they smelled strong with whisky. There was a jug sitting in the window in the bed room with one and one-half gallons of whisky in it, with a siphon in the jug with which to draw the whisky out. There were several empty bottles in both rooms of the place. That is practically all I know about this case."

The state then offered in evidence a jug of whisky, a siphon, drinking glasses, and a bottle of whisky, which were identified as the articles referred to in the testimony of the witnesses.

At the close of the evidence for the state, the defendant moved that the action be dismissed by a judgment as of nonsuit. The motion was denied, and the defendant excepted.

No evidence having been offered by the defendant, the court instructed the jury as follows: "Gentlemen of the jury, if you believe beyond a reasonable doubt, the facts to be as the evidence and testimony of the witnesses tend to show, you will find the defendant guilty."

To this instruction the defendant in apt time excepted.

The jury returned a verdict of guilty. From judgment that he be confined in the county jail for a term of six months and assigned to work on the state highways, as provided by law, the defendant appealed to the Supreme Court, assigning errors in the trial.

Cooley & Bone, of Nashville, for appellant.

A. A. F. Seawell, Atty. Gen., and John W. Aiken and T. W. Bruton, Asst. Attys. Gen., for the State.

CONNOR Justice.

The evidence at the trial of this action was sufficient in its probative force to establish the fact, as alleged in the warrant, that on August 11, 1935, at the service station located on a highway in Nash county and operated by him, the defendant had in his possession more than a gallon of spiritous or intoxicating liquor. All the facts and circumstances shown by the evidence were sufficient to justify the inference by the jury that the defendant had such liquor in his possession for sale. This was a reasonable and permissive inference without regard to any statutory presumption arising from the quantity of liquor in his possession, under the provisions of C.S. § 3379 (2). State v. Hammond, 188 N.C. 602, 125 S.E. 402. Indeed, what other inference, in the absence of any evidence tending to show the contrary, could a jury of intelligent men of good moral character draw from the facts and circumstances shown by all the evidence?

There was no error in the refusal of the trial court to allow defendant's motion for judgment as of nonsuit. C.S. § 4643.

If C.S § 3379, is now, and was, in force in Nash county on August 11, 1935,...