State v. Martin

Miller, Judge:

The defendant was indicted in the circuit court of Braxton county, at the November term, 1907, thereof, for selling spirituous liquors without a state license therefor. On February 25, 1908, he was tried before a jury and found not guilty as charged in the indictment. On motion of the state, at a subsequent day of the same term, the court set aside the verdict and awarded the state a new trial. To this judgment defendant obtained a writ of error from this Court.

The attorney general has moved a dismissal of .the writ of error as improvidently awarded. The ground of the motion is…