AMERICAN LEGION v. NORTH CAROLINA ST. BD., ETC.

No. 7510SC417.

218 S.E.2d 513 (1975)

27 N.C. App. 266

AMERICAN LEGION, t/a Morris Slaughter Post No. 128, and Alonzo Funches, Manager, Petitioners, v. NORTH CAROLINA STATE BOARD OF ALCOHOLIC CONTROL, Respondent.

Court of Appeals of North Carolina.

October 15, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. James Wallace, Jr., Raleigh, for the State.

Westmoreland & Sawyer by Barbara C. Westmoreland, Winston-Salem, for petitioner-appellant.


VAUGHN, Judge.

G.S. 18A-3(a) provides that it is unlawful to sell alcoholic beverages, except as authorized by statute. Petitioner does not suggest that it was authorized to sell alcoholic beverages or that its permits may not be suspended for a violation of that section. Petitioner does argue that there was no competent evidence that petitioner "knowingly" made the sales. Nevertheless, the officer's testimony that he bought the whiskey from petitioner's bartender...

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