{
  "id": 8615336,
  "name": "STATE v. MARION COBB",
  "name_abbreviation": "State v. Cobb",
  "decision_date": "1951-05-23",
  "docket_number": "",
  "first_page": "647",
  "last_page": "648",
  "citations": [
    {
      "type": "official",
      "cite": "233 N.C. 647"
    }
  ],
  "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": "40 S.E. 2d 363",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "226 N.C. 738",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8625124
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/226/0738-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:3eb1f49c9a040766",
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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. MARION COBB."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nDefendant assigns as error tbe ruling of tbe trial court in denying bis motions for judgment as of nonsuit on each count, and to tbe failure of tbe court to charge on each count. Manifestly, tbe evidence offered upon tbe trial below is sufficient to support a verdict of guilty on tbe third count. And tbe charge on tbis count appears to be proper. However, tbe verdict is general, and tbe judgment imposes only one sentence. Therefore, tbe judgment is affirmed on authority of S. v. Smith, 226 N.C. 738, 40 S.E. 2d 363.\nNo error.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Attorney-General McMullan, Assistant Attorney-General Bruton, and Walter F. Brinkley, Member of Staff, for the State.",
      "Gold, McAnally \u2022& Gold for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. MARION COBB.\n(Filed 23 May, 1951.)\nCriminal Law \u00a7 81c (4)\u2014\nWhere but one sentence is imposed upon a general verdict of guilty, and there is no error in respect to one of the counts, error relating to the other counts cannot be prejudicial.\nAppeal by defendant from Sharp, Special Judge, at January Term, 1951, of Gtjileoed \u2014 -High Point Division.\nCriminal prosecution upon warrant issued out of Municipal Court of the City of High Point, heard in Superior Court, on appeal thereto, on amended warrant charging that defendant did unlawfully (1) \u201cbarter, sell, give away, furnish, deliver, exchange, and otherwise dispose of\u201d non-tax-paid intoxicating liquors, (2) \u201ctransport and import\u201d nontax-paid intoxicating liquors, (3) \u201cpurchase, receive, have on hand and possess ... 34 gallons\u201d of nontax-paid liquors, against the statute in such eases made and provided, etc.\nUpon trial in Superior Court, the State offered evidence. Defendant offered none. Motions of defendant, aptly made, for judgment as of nonsuit on each count were denied. Defendant excepted. The court submitted tbe case to tbe jury only on tbe third count. Tbe jury returned tbis verdict: \u201cDefendant is guilty as charged.\u201d\nJudgment: Confinement in tbe common jail of Guilford County and assigned to work under tbe supervision of tbe State Highway and Public Works Commission for a period of twelve (12) months.\nDefendant appeals therefrom to Supreme Court and assigns error.\nAttorney-General McMullan, Assistant Attorney-General Bruton, and Walter F. Brinkley, Member of Staff, for the State.\nGold, McAnally \u2022& Gold for defendant, appellant."
  },
  "file_name": "0647-01",
  "first_page_order": 697,
  "last_page_order": 698
}