State v. Emsweller
West Virginia Supreme Court
Error to Circuit Court, Monongalia County. Frederick J. Emsweller was convicted of a violation of the liquor law by a justice of the peace, and applied for a writ of habeas corpus to John B. Wallace, sheriff, and others. Judment refusing discharge, and he brings error. Reversed and prisoner discharged. From a judgment denying an appeal from the justice’s judgment of conviction, he also brings error.
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Error to Circuit Court, Monongalia County. Frederick J. Emsweller was convicted of a violation of the liquor law by a justice of the peace, and applied for a writ of habeas corpus to John B. Wallace, sheriff, and others. Judment refusing discharge, and he brings error. Reversed and prisoner discharged. From a judgment denying an appeal from the justice’s judgment of conviction, he also brings error. Joseph J. Jenkins was convicted of a violation of the liquor law by a justice of the peace, and from a judgment refusing an appeal he brings error.
1Opinion of the Court
POFFENBARGER, JUDGE:
Frederick J. Emsweller sentenced, by a justice of the peace to imprisonment in the county jail of Monongalia County for a period of sixty days, and further punished by the infliction of a fine of $100.00 and costs including an attorney’s fee of $10.00, all to be worked out on the public roads, as for a violation of chapter 13 of the acts of the Legislature of 1913, known as the Yost' Law, sought a discharge, in the circuit court of said county, on a writ of habeas corpus. To the judgment refusing- to discharge him and remanding him, he obtained this writ of error. He was…
2Cases cited6 opinions
- Judy v. LashleyWest Virginia Supreme Court · 1902
- State v. SixoWest Virginia Supreme Court · 1915
- State ex rel. Morley v. GodfreyWest Virginia Supreme Court · 1903
- Rogers v. CareySupreme Court of Missouri · 1871
- Vetock v. HuffordWest Virginia Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State v. EdenWest Virginia Supreme Court · 1979
- State ex rel. Vance v. ArthurWest Virginia Supreme Court · 1957
- Kesling v. MooreWest Virginia Supreme Court · 1926
- In re Wolcott's EstateUtah Supreme Court · 1919
- Nelson Transfer & Storage Co. v. JarrettWest Virginia Supreme Court · 1931
23 more not listed; retrieve them via the Exa API.