State v. De Spain

81 S.E.2d 914 (1954)

STATE

v.

DE SPAIN.

No. CC812.

Supreme Court of Appeals of West Virginia.

Submitted April 13, 1954.

Decided May 18, 1954.

John G. Fox, Atty. Gen., T. D. Kauffelt, Asst. Atty. Gen., for plaintiff.

Bonn Brown, Jacob S. Hyer, Elkins, Milford L. Gibson, Kingwood, for defendant.

BROWNING, Judge.

This case is here upon certificate from the Circuit Court of Randolph County. On October 11, 1953, E. P. Phares, Mayor of the City of Elkins, in his capacity as justice of the peace, ex officio, upon complaint of J. R. Stalnaker that the latter "has cause to believe and does believe that alcoholic…