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STATE v. TURNER

No. 3.

116 S.E.2d 194 (1960)

253 N.C. 37

STATE v. Willard TURNER.

Supreme Court of North Carolina.

September 21, 1960.

Attorney(s) appearing for the Case

Proctor & Dameron, Marion, for defendant, appellant.

T. W. Bruton, Atty. Gen., and Ralph Moody, Asst. Atty. Gen., for State.

BOBBITT, Justice.

As to nonsuit, the crucial question is whether the evidence was sufficient to support the finding that the nontaxpaid whiskey found in defendant's home and in the tool box in his yard, in excess of eighteen gallons, was in defendant's possession, actual or constructive, or was kept on his premises with his knowledge and consent. If so, there was evidence sufficient to support defendant's conviction. State v. Avery, 236 N.C. 276

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