State v. Lowe
West Virginia Supreme Court
Writ of error to a judgment of the circuit court of the county of Calhoun, rendered on the 26th day of October,' 1881, upon an indictment against Nimrod Lowe for a violation of the revenue laws by selling spirituous liquors without a license, allowed upon the petition of the State. Hon. William E. Lively, special judge, rendered the judgment complained of.
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Writ of error to a judgment of the circuit court of the county of Calhoun, rendered on the 26th day of October,' 1881, upon an indictment against Nimrod Lowe for a violation of the revenue laws by selling spirituous liquors without a license, allowed upon the petition of the State. Hon. William E. Lively, special judge, rendered the judgment complained of. G-rbeN, Judge, furnishes the following statement of the case: The grand jury of Calhoun county, on February 22, 1881, on their oaths presented, that in July, 1880, in said county Nimrod Lowe did unlawfully and without a State license…
1Judgment of the CourtGreen, Judge
The first question presented by this record is, whether this Court consider the bill of exception signed by ¥m. E. Lively asa part of, the record. ' This Court takes judicial notice, that Wm. E. Lively is not a circuit judge in this State. The record in this case begins thus: “Pleas before Honorable William E. Lively, elected and qualified a special judge of the circuit court of Calhoun county, held at the court house, on Wednesday the 26th of October, 1881.” And the certificate attached- to it is signed by the clerk of the circuit *785coui’t of Calhoun county and certifies, “ tliat the foregoing…
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