STATE v. BROWN

No. 506.

103 S.E.2d 341 (1958)

248 N.C. 311

STATE v. Livingston BROWN.

Supreme Court of North Carolina.

April 30, 1958.


Attorney(s) appearing for the Case

Ottway Burton, Don Davis, Asheboro, for defendant, appellant.

Atty. Gen. George B. Patton, Asst. Atty. Gen. Harry W. McGalliard, for the state.


WINBORNE, Chief Justice.

It appears upon the face of the record proper that the verdict is insufficient to support a judgment. State v. Lassiter, 208 N.C. 251, 179 S.E. 891. See, also, State v. Shew, 194 N.C. 690, 140 S.E. 621; State v. Barbee, 197 N.C. 248, 148 S.E. 249.

In the Lassiter case, supra, the defendant was charged in the second count "with having and possessing a quantity of intoxicating liquor against the form of the statute," and the jury returned...

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