{
  "id": 8602586,
  "name": "STATE v. NATHANIEL FOY",
  "name_abbreviation": "State v. Foy",
  "decision_date": "1951-02-02",
  "docket_number": "",
  "first_page": "228",
  "last_page": "229",
  "citations": [
    {
      "type": "official",
      "cite": "233 N.C. 228"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "30 S.E. 2d 151",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "224 N.C. 347",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8601788
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/224/0347-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T21:52:46.396528+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. NATHANIEL FOY."
    ],
    "opinions": [
      {
        "text": "PeR Curiam.\nThe defendant assigns as error the refusal of the trial court to sustain his motion for judgment as of nonsuit. We concur in the ruling below as to both counts in the bill of indictment.\nThe defendant also challenges the validity of the verdict on the second count, on the ground that the jury found him \u201cguilty of selling \u2018unlawful liquors\u2019 as charged in the bill of indictment,\u201d instead of finding him guilty of selling \u201cintoxicating liquors\u201d as charged in the bill of indictment. We consider the exception without merit; but, if it were otherwise, the judgment should be upheld on this record.\nThe exception to the failure of the court below to sustain the defendant\u2019s motion for judgment as of nonsuit is the sole exception in the record bearing on the first count, and that exception having been disposed of adversely to the defendant, and the sentence imposed being within the limit prescribed by statute for such offense, the judgment will be upheld. S. v. Graham, 224 N.C. 347, 30 S.E. 2d 151, and cited cases. Therefore the judgment entered below is\nAffirmed.",
        "type": "majority",
        "author": "PeR Curiam."
      }
    ],
    "attorneys": [
      "Attorney-General McMullan, Assistant Attorney-General Bruton, and John B. Jordan, Jr., Member of Staff, for the State.",
      "Higgins & McMichael for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. NATHANIEL FOY.\n(Filed 2 February, 1951.)\nCriminal Law \u00a7 81c (4) \u2014\nWhere but one sentence is imposed upon a verdict of guilty as to both counts in an indictment, alleged error relating to one count only cannot entitle defendant to a new trial when no error is found as to the other count, and the sentence imposed is within the limits prescribed for such offense.\nAppeal by defendant from Clement, J., February Term, 1950, of Forsyth.\nCriminal action tried upon an indictment charging the defendant with a conspiracy to sell intoxicating liquor and with the unlawful sale of intoxicating liquor.\nThe jury returned the following verdict: \u201cGuilty of conspiracy to sell intoxicating liquors as charged in the bill of indictment, and guilty of selling unlawful liquors as charged in the bill of indictment.\u201d\nThe court did not enter separate judgments on the respective counts for the purpose of punishment, but entered one judgment on the verdict, committing the defendant to the county jail for 18 months, to be assigned to work under the supervision of the State Highway and Public Works Commission.\nDefendant appeals, assigning error.\nAttorney-General McMullan, Assistant Attorney-General Bruton, and John B. Jordan, Jr., Member of Staff, for the State.\nHiggins & McMichael for defendant."
  },
  "file_name": "0228-01",
  "first_page_order": 278,
  "last_page_order": 279
}