STATE v. SMITH

No. 505.

105 S.E.2d 622 (1958)

249 N.C. 212

STATE v. Sophronia SMITH.

Supreme Court of North Carolina.

November 19, 1958.


Attorney(s) appearing for the Case

Malcolm B. Seawell, Atty. Gen., Claude L. Love, Asst. Atty. Gen., for the State.

Hammond & Walker, Asheboro, for defendant appellant.


DENNY, Justice.

The defendant assigns as error the refusal of the court below to sustain her motion for judgment as of nonsuit.

We have heretofore held that testimony to the effect that the liquor seized was white liquor was insufficient to sustain a count charging the defendant with the unlawful possession of "illegal non-tax paid liquors." State v. Wolf, 230 N.C. 267, 268, 52 S.E.2d 920.

We have likewise held "the court cannot take judicial notice...

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