State v. Hodges

McHUGH, Justice:

Appellant, Gary Lee Hodges, appeals from a January 14, 1982 final order of the Circuit Court of Wayne County denying his motion to set aside the verdict and grant a new trial. Hodges was convicted of carrying a dangerous and deadly weapon without a license, in violation of W.Va.Code, 61-7-1 [1975], and sentenced to twelve months imprisonment in the county jail. For reasons discussed herein, we reverse and remand.

On June 8,1981, Hodges was stopped for speeding and passing illegally by Wayne County Sheriff Billy Joe Wellman. Well-man had heard a rumor in the sheriff’s department…