State v. Moschoures
| Decision Date | 19 October 1938 |
| Docket Number | No. 15.,15. |
| Citation | 214 N.C. 321,199 S.E. 92 |
| Parties | STATE. v. MOSCHOURES. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Buncombe County; Felix E. Alley, Judge.
Chris Moschoures plead guilty to possessing and selling intoxicating liquors, and from the judgment imposing sentence he appeals.
Affirmed.
Worth McKinney and T. O. Pangle, both of Asheville, for appellant.
Harry McMullan, Atty. Gen., and T. W. Bruton and Robert H. Wettach, Asst. Attys.Gen., for the State.
The defendant entered a general plea of guilty, and on the first count in the warrant his Honor imposed sentence of imprisonment for 18 months to be assigned to labor under the supervision and control of the State Highway & Public Works Commission, and on the second count a similar sentence, commencing at the expiration of the sentence on the first count, suspended for five years upon condition that the defendant does not violate the criminal laws of the State.
To the judgment entered the defendant reserved exception and appealed, contending that the warrant charged but one offense and supported but one sentence.With this contention we cannot concur.The affidavit upon which the warrant was predicated reads as follows: "T. K. Brown, being duly sworn, complains and says, that at and in said County, on, or about the 4th day of December, 1937, Chris Moschoures did unlawfully, wilfully and feloniously have and keep in his possession for the purpose of sale or barter a quantity of intoxicating whiskey. 2nd Count--Chris Moschoures on said date at and in said county, did unlawfully, wilfully barter, sell, give away, furnish, deliver, exchange and otherwise dispose of intoxicating liquors, contrary to the form of the statute, and against the peace and...
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State v. Calcutt
... ... N.C. 719, 120 S.E. 450. Indeed, the two enactments are more ... nearly complementary than inconsistent. Hence, the different ... counts in the bill may stand as separate and distinct ... offenses, and separate judgments may be entered thereon ... State v. Moschoures, 214 N.C. 321, 199 S.E. 92; ... State v. Malpass, 189 N.C. 349, 127 S.E. 248; ... State v. Jarrett, 189 N.C. 516, 127 S.E. 590 ... No ... sufficient reason has been made to appear why the judgment on ... the first count should not be upheld. It is well within the ... ...
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State v. Williams
... ... There, too, 'double jeopardy' was claimed. In rejecting the contention the court cited several decisions involving analogous situations with respect to possession and sale of nontax-paid liquor; State v. Moschoures, 214 N.C. 321, 199 S.E. 92 (Sup.Ct.1938); State v. Chavis, 232 N.C. 83, 59 S.E.2d 348 (Sup.Ct.1950); State v. Stonestreet, 243 N.C. 28, 89 S.E.2d 734 (Sup.Ct.1955). In all three cases the courts held that double jeopardy was not projected in prosecutions for possession and also for sale of the ... ...
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State v. Cameron
... ... The only difference is the nature of the contraband. This is a difference totally [283 N.C. 199] without distinction for the purpose of analyzing the question presented in this case ... In State v. Moschoures, 214 N.C. 321, 199 S.E. 92 (1938), the defendant was charged in two counts in a bill of indictment with unlawful possession of liquor for the purpose of sale and unlawful sale of liquor. He entered a general plea of guilty and the trial judge imposed an active sentence on the first count and a ... ...
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State v. Crandall
... ... effect that when no time is fixed by the statute, ... imprisonment for two years, as in the case at bar, will not ... be held to be cruel and unusual, and violative of Article I, ... Section 14 of the Constitution of North Carolina. See ... State v. Moschoures, 214 N.C. 321, 199 S.E. 92, ... citing State v. Farrington, 141 N.C. 844, 53 S.E ... 954; State v. Daniels, 197 N.C. 285, 148 S.E. 244, ... and cases there cited ... As to ... refusal of motion to allow defendant to retract or withdraw ... the plea of guilty entered by ... ...