State v. Rector

'ELLISON, J.

The defendant was convicted by a jury in the Circuit Court of Bates County of carrying a revolver in an automobile in which intoxicating liquor was being transported, in violation of Section 17, Laws 1923, pages 236, 241, now Section 4517, Revised Statutes 1929, and his punishment assessed at imprisonment in the penitentiary for a term of three years. Following the overruling of his motion for a new trial, due allocution, judgment and sentence he brings the case to this court by appeal.

The State’s evidence showed that about dark on the evening of February 11, 1928, the appellant…