STATE v. TERRY

No. 7612SC197.

226 S.E.2d 846 (1976)

30 N.C. App. 372

STATE of North Carolina v. Von Etta TERRY and Lathen Earl Warren.

Court of Appeals of North Carolina.

August 4, 1976.


Attorney(s) appearing for the Case

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

Lacy S. Hair, Fayetteville, for defendants-appellees.


HEDRICK, Judge.

The facts surrounding defendants' arrest are not in dispute. On 18 October 1975 the defendants, Terry and Warren, each purchased one gallon of taxpaid whiskey at a Cumberland County ABC store. Each defendant was the owner of the one gallon which he purchased. As they were transporting the whiskey home in an automobile owned by Terry and driven by Warren, they were stopped and arrested for violating G.S. 18A-26(a), which in pertinent part provides:...

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