STATE v. DUFFEY

No. 7429SC645.

209 S.E.2d 385 (1974)

23 N.C. App. 515

STATE of North Carolina v. Rempson DUFFEY.

Court of Appeals of North Carolina.

November 6, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr. by Associate Atty. Gen. James Wallace, Jr., Raleigh, for the State.

Hamrick & Hamrick by J. Nat Hamrick, Rutherfordton, for defendant appellant.


CAMPBELL, Judge.

The defendant contends that the beer and wine found in his basement was not his but his nephew's, and that it was, therefore, not in his "possession" as contemplated by the probation condition. The defendant alternatively contends that if the alcoholic beverages were in his "possession", he had a lawful excuse for it being there.

"Probation or suspension of sentence comes as an act of grace to...

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