State v. Reavis

• Decision Date: 08 October 1947
• Docket Number: 217
• Parties: STATE v. REAVIS.
• Court: North Carolina Supreme Court

44 S.E.2d 354

228 N.C. 18

STATE v. REAVIS.

No. 217

Supreme Court of North Carolina

October 8, 1947

Proceeding in Superior Court upon petition of sheriff of Davie County for confiscation of an automobile of defendant for that intoxicating liquor was found in it, heard upon notice to show cause, G.S. s 18-6.

From the record on this appeal, these appear to be the facts Defendant H. E. Reavis was tried in the Recorder's court of Cooleemee, Jerusalem Township, Davie County, upon warrant charging the illegal transportation of intoxicating liquors and the following judgment was entered upon the judgment docket of said court:

'The defendant enters a plea of guilty of unlawful possession of one gallon non-tax-paid liquor. After hearing and considering evidence in this case the State accepts this plea and the following judgment is rendered: That the defendant be confined in the common jail of Davie County for a period of six months and assigned to work on the roads * * * This judgment suspended for a period of two years upon the following conditions: First, that he not be guilty of violating any of the State prohibition laws. Second, that he pay a fine of $300.00. Third, that he pay the cost of this action. It is an order of this court that H. E. Reavis retain a Buick automobile now held in storage by R. P. Foster Sheriff. This March 1, 1947. W. S. Gales, Judge of Recorder's Court.'

No appeal was taken from this judgment. Under same date the Recorder issued to the sheriff a written order, directing that he release the car upon payment of cost of storage. The sheriff declined to obey the order.

Thereafter under date of 4 March, 1947, R. Paul Foster, as sheriff of Davie County, filed a petition, under oath, to the Honorable H. Hoyle Sink, Judge presiding and holding the courts of the 17th Judicial District of North Carolina, in which he set forth in pertinent part, briefly stated: That on or about 15 February, 1947, he and his deputies seized a 1940 model Buick automobile, driven by one Howell Reavis and transporting one gallon of non-tax-paid liquor; that thereupon the automobile was seized and Reavis was arrested for violating the prohibition laws; that on 1 March, 1947, Reavis was tried in the Recorder's court of Jerusalem Township, Davie County North Carolina, by Recorder W. S. Gales, and on such trial Reavis entered a plea of guilty of violating the prohibition laws; that Reavis bears reputation of dealing in liquor, and for using said automobile for transporting liquor and for a taxi; and that he, the sheriff, is now holding the said automobile and desires to have the same confiscated and sold according to law.

Thereupon, the Judge aforesaid ordered that H. E. Reavis, the owner of said automobile, be and appear before him on 17 March, 1947, in the Superior Court of Davie County, and 'show cause, if any he has, why the aforementioned Buick automobile should not be condemned and confiscated according to law'--which order was duly served. Upon hearing defendant, through his counsel, demurred ore tenus to the jurisdiction of the Superior Court to hear and pass upon the question presented on the petition for that it had finally adjudicated in a court of competent jurisdiction, the said Recorder's court, and the automobile released to defendant, by order of that court, which order is pleaded as res judicata.

The judge reserved his ruling and proceeded to hear oral testimony of the Judge of the Recorder's court, offered by the State, as to what transpired in the Recorder's court, and the circumstances under which the judgment of record in that court was rendered. Upon cross examination of the Judge of Recorder's court as such witness he testified that in the plea of defendant an oral request was made in open court for the release of the automobile, and that order of release was made a part of the judgment entered in the book, and the judgment entered upon the records of the Recorder's court, as hereinabove quoted, was read in evidence, as was the written order to the sheriff to release the automobile. And in the course...