STATE v. MAY

No. 76.

102 S.E.2d 418 (1958)

248 N.C. 60

STATE v. Joe T. MAY.

Supreme Court of North Carolina.

March 19, 1958.


Attorney(s) appearing for the Case

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

Martin L. Cromartie, Jr., Weeks & Muse, by Cameron S. Weeks and T. Chandler Muse, Tarboro, for defendant, appellant.


HIGGINS, Justice.

This case comes here from a county in which ABC stores are operated. The warrant on which the defendant was tried is a part of the record and is before us. The first count charges the unlawful possession of intoxicating liquors on which the taxes had not been paid. The question whether the count charged an offense under G.S. § 18-2 or under G.S. § 18-48 was neither raised in the superior court nor here. The superior court treated...

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