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STATE v. TAYLOR

No. 722.

71 S.E.2d 924 (1952)

236 N.C. 130

STATE v. TAYLOR.

Supreme Court of North Carolina.

August 22, 1952.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.

Higgins & McMichael, and Richmond Rucker, Winston-Salem, for defendant appellant.

VALENTINE, Justice.

Defendant based his motion for judgment as of nonsuit upon the theory that there was a fatal variance between the allegations in the bill of indictment and the State's evidence. He strongly argues that the bill of indictment was based upon the Turlington Act, G.S. § 18-1 et seq. and that the proof tended to support a violation of the State Alcoholic Beverage Control Act, G.S. § 18-36 et seq. The bill of indictment makes no reference to...

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