{
  "id": 8625031,
  "name": "STATE v. JARVIS MILLS",
  "name_abbreviation": "State v. Mills",
  "decision_date": "1960-11-09",
  "docket_number": "",
  "first_page": "335",
  "last_page": "336",
  "citations": [
    {
      "type": "official",
      "cite": "253 N.C. 335"
    }
  ],
  "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": "179 S.E. 891",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "208 N.C. 251",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8602171
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/208/0251-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2541,
    "ocr_confidence": 0.545,
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    "sha256": "16255d4758acce74aee60c2deef4af3a99f235dd42018215a6e3eb0937eb11d9",
    "simhash": "1:3080dc8664148593",
    "word_count": 409
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  "last_updated": "2023-07-14T21:02:38.064481+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. JARVIS MILLS."
    ],
    "opinions": [
      {
        "text": "PER CcraiAM.\nThe record contains no case' oh appeal. Neither the evidence nor the judge\u2019s charge is before us. It is stated that defendant excepted to the denial of his motion of nonsuit and to the judgment. These exceptions are not numbered. There are no assignments of error.\nIn this Court defendant moved in arrest of judgment for that (1) the warrant upon which he was tried is fatally defective, and (2) the verdict is not sufficient to support the judgment.\nThe warrant sufficiently charges all elements of the criminal offense of which defendant was convicted, namely, the unlawful transportation of nontaxpaid whiskey. It seems probable that the trial judge treated the words, \u201cfor the purpose of sale,\u201d as surplusage and submitted the case only in relation to the transportation charge.\nUnlike S. v. Lassiter, 208 N.C. 251, 179 S.E. 891, cited by defendant, the jury spelled out its verdict in words sufficient to show it found defendant guilty of the transportation charge contained in the warrant. Perhaps the trial judge, advertent to surplus allegations in the warrant, instructed the jury, if they found the defendant guilty of the transportation charge, to render their verdict in the words they used.\nThe fragmentary record before us discloses no ground for disturbing the verdict and judgment.\nNo error.",
        "type": "majority",
        "author": "PER CcraiAM."
      }
    ],
    "attorneys": [
      "Attorney General Bruton and Assistant Attorney General Me-Galliard for the State.",
      "W. H. Yarborough for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. JARVIS MILLS.\n(Filed 9 November, 1960.)\nCriminal Law \u00a7 118: Intoxicating Liquor \u00a7 16\u2014\nWhere the warrant charges unlawful transportation and possession of nontaxpaid whiskey for the purpose of sale, a verdict of guilty of transporting nontaxpaid whiskey supports judgment and sentence, since the verdict spells out an offense contained in the warrant, it being permissible to treat the words \u201cfor the.purpose of sale\u201d as surplusage.\nAppeal by defendant from Johnston, J., May 9, 1960 Criminal Term, of Wake.\nCriminal prosecution on warrant charging that defendant on March 14, 1960, \u201cdid unlawfully and wilfully transport and have in his possession a quantity of whiskey on which the tax imposed by the U. S. Government had not been paid, to wit: % gallon, for the purpose of sale,\u201d against the form of the statute, etc.\nUpon trial de novo in superior court, on appeal by defendant from conviction and judgment in the Recorder\u2019s Court of Garner, the jury returned a verdict of \u201cguilty of Transporting Non-Tax Paid Whiskey.\u201d From judgment, imposing a prison sentence, defendant appealed.\nAttorney General Bruton and Assistant Attorney General Me-Galliard for the State.\nW. H. Yarborough for defendant, appellant."
  },
  "file_name": "0335-01",
  "first_page_order": 375,
  "last_page_order": 376
}