State v. Hampton
State v. Hampton
Opinion of the Court
*277 The opinion of the Court was delivered by
The appellant was charged with the sale of liquor, keeping a place where liquor was sold, keeping a place where people were allowed to resort for the purpose of drinking liquor, storing liquor and transporting liquor. He was tried and convicted. The verdict was a general verdict of guilty, which included all the offenses charged. The defendant appealed.
The appellant claims that this relieved the State of the proof of the facts charged and shut up the defendant to a justification. This overlooks the statement, “if the burden *278 of proof has been sustained by the State.” His Honor charged the jury that the State was bound to prove the facts alleged. This position cannot be sustained
If there be a fourth exception, it is not in the record and cannot be considered.
4. The exception numbered 5 complains that:
“His Honor erred in refusing to hear a motion for a new trial upon the following grounds of fact, stating that the jury passed on same.”
The judgment is affirmed.
Reference
- Full Case Name
- State v. Hampton.
- Status
- Published
- Syllabus
- 1. Intoxicating Liuuors— Sale — Natural Right.—In view of the statutory declaration that all alcoholic liquors are detrimental and their use against the morals, good health, and safety of the State, no man has a natural right to sell intoxicating liquors, and it is not error for the Court so to instruct the jury. 2. Criminal Law—Instructions—Burden of Proof.—A charge that, where a man is chargeable with the sale of intoxicating liquors, if the burden of proof has been sustained by- the State as later charged, he can justify himself only by showing that he made the sale in the manner authorized by law, is not objectionable as relieving the State of the burden of proving the facts charged. 3. Criminal Law—Appeal—Harmless Error.—Defendant accused of selling intoxicating liquor is not prejudiced by the refusal of the Court to reread to the jury on their request the testimony of a witness as to sales made by accused and for which he had been convicted. 4. Criminal Law — Appeal — Review — Weight of Evidence.—In a criminal case, the Supreme Court cannot consider questions affecting the weight of the evidence, which is a matter for the trial Judge alone. 5. Criminal Law — Appeal — Question Presented — Motion for New Trial—Striking Evidence.—Refusal of the trial Court to hear the motion for new trial, on the ground of error in not striking the testimony of a witness, does not require a reversal, where the record does not show that a motion to strike was made, or that the Court refused to hear the motion for new trial. 6. Ckiminat, Law—Appeai.—Exceptions—Statement—Necessity.—The rule requiring facts stated in an exception to be based on an independent statement of those facts in the case is not merely technical, but should be strictly enforced in a criminal case.