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STATE v. MURPHY

No. 363.

70 S.E.2d 498 (1952)

235 N.C. 503

STATE v. MURPHY.

Supreme Court of North Carolina.

April 30, 1952.

Attorney(s) appearing for the Case

David J. Turlington, Jr., Clinton, for defendant-appellant.

Atty. Gen. Harry McMullan, Asst. Atty. Gen. Ralph Moody, and Charles G. Powell, Jr., Member of Staff, Raleigh, for the State.

JOHNSON, Justice.

The defendant's motion for judgment as of nonsuit, first made at the close of the State's evidence and renewed at the conclusion of all the evidence, was properly overruled. One witness testified he bought a coca-cola bottle full of nontax-paid whiskey from the defendant. Another witness testified she was present when the defendant sold this whiskey and saw him receive one dollar for it. This was sufficient...

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