Monday v. State

Mr. Special Justice Albert Williams

delivered the opinion of the Court.

This is an appeal in error from a conviction upon a presentment alleging the unlawful reception, possession, and transportation of intoxicating liquors.

There is a single assignment of error, to-wit:

“The court erred in overruling the motion of the defendant for a mistrial on the ground that the jury was incompetent to try this case, and in overruling motion for a new trial for the same reason.”

Upon cross-examination of one of the State’s witnesses, the Sheriff of Trousdale County, it developed that at the time of the arrest…