Erby v. State

Mr. Special Justice. Webb

delivered the opinion of the Court.

The defendant below, James Erby, has appealed to this Court from a judgment convicting him of transporting more than one gallon of intoxicating liquor in Knox County, and his punishment was fixed at imprisonment in the State penitentiary for not less than one year and a day nor more than two years, and that he pays all the costs of the prosecution.

The first assignment is:

“Because the evidence preponderates against the verdict of the jury and in favor of the innocence of the defendant. ’ ’

The evidence, if admissible, clearly…