State v. Moss

Lively, PRESIDENT:

Convicted of having in possession moonshine liquor, as a second offense, and sentenced to one year in the penitentiary, Moss prosecutes this writ.

He says that, (1) the evidence does not warrant the verdict; (2) the indictment is bad; (3) the search warrant on which evidence was predicated was defective and void, hence all the evidence procured thereunder ,should have been withheld from the jury; and (4) State’s instructions were erroneous.

On February 18, 1929, the sheriff, his deputy, the chief of police of the city of Morgantown, a member of the state police, and perhaps…