#### STATE v. MACK FARMER.

(Filed 22 September, 1937.)

Appeal by defendant from Sink, J., at March Term, 1937, of Burr-combe. No error.

Defendant was charged with tbe unlawful possession of intoxicating liquor. Tbe evidence tended to show that defendant and bis wife operated a cafe in Asheville, North Carolina, known as Mack’s Cafe, and that on tbe occasion when tbe officers visited tbe place they found in tbe kitchen one-balf gallon of whiskey, another half-gallon partly filled, and a cream pitcher full of whiskey. There were several pint bottles, crocks, several half-gallon fruit jars, and a funnel. Tbe defendant was behind tbe counter in tbe front room waiting on customers, about five steps from tbe kitchen. One woman was lying on a bed. There was a man in tbe kitchen apparently intoxicated. Defendant and bis wife said they owned and operated tbe place. Mrs. Farmer claimed tbe whiskey. A witness for tbe State testified: “Mack wanted to come over first and claim tbe whiskey and she would not permit him. She said it was her whiskey, so I brought botb over (arrested both).”

*832Defendant’s wife was charged in a separate warrant with the unlawful possession of intoxicating liquor and was tried at same time as her husband, and convicted, but did not appeal. She testified that the whiskey was hers. Defendant Mack Farmer did not go upon the stand.

Verdict: Guilty as,to Mack Farmer, and from judgment imposing sentence he appealed.

Attorney-General Seawell and Assistant Attorney-General McMullan for the State.

Pritchard <& J ames for defendants.

Peb Oubiam.

The only exceptions noted by the defendant relate to the judge’s charge. The charge, while not elaborate, was in substantial accord with the rule laid down in S. v. Rigsbee, 211 N. C., 128, and S. v. Hardy, 209 N. C., 83, and considered in connection with the evidence offered, gave the appellant no just ground for complaint.

No error.