State v. Peyton

Cox, Judge:

Charles Peyton was indicted, tried and found “not guilty” by a jury, in the circuit court of Tucker county, upon the charge of selling intoxicating drink on a Sunday, he having a state license to sell spixituous liquors, etc. A writ of error was allowed the State by this Court.

The record discloses that there was a motion by the State to set aside the verdict, and that the motion was overruled, but does not disclose that there was any judgment on the verdict.

Section 3, of chapter 160, Code, provides: “A writ of error shall lie in a criminal case, to the judgment of a circuit court,…