State v. McCoy

Maxwell, Judge :

Defendant prosecutes this writ of error to a conviction in the circuit court of Upshur county predicated on an indictment which charges that the defendant “did unlawfully bring and carry into the State of West Virginia, and did unlawfully carry from one place to another within said county and state, liquors, as defined by section 1, of chapter 32-a of the Code of West Virginia.”

The defendant was arrested by the sheriff of Upshur county and a state policeman about ten o’clock at night in the fall of 1926, on tbe Upshur county fair ground while the annual fair was being held.…