Legal Opinion

State v. Cook

West Virginia Supreme Court

Decided March 28, 1922PublishedCited by 1 opinion

Error to Circuit Court, Boone County. Burton Cook was convicted of owning, operating, maintaining, and having in his possession a moonshine still, and he brings error.

1Opinion of the Court

Lively, Judge:

Defendant was convicted of owning, operating, maintaining and having in his possession a moonshine still, and, on May 24, 1921, was sentenced to confinement in the penitentiary for two years; and he prosecutes this writ of error.

Defendant lived on a farm, formerly owned by his father, lying near the divide between the West Fork and Pond Fork of Little Coal Biver. . A public road ran about 200 yards from the house along a ridge, from which the house and farm could be plainly seen. A public pass-way, commonly traveled led up to defendant’s premises from the hollow below and passed…

2Cases cited5 opinions

  1. State v. McClungWest Virginia Supreme Court · 1891
  2. State v. TomlinWest Virginia Supreme Court · 1920
  3. State v. MillerWest Virginia Supreme Court · 1921
  4. State v. KnoskyWest Virginia Supreme Court · 1921
  5. Estes v. StateSupreme Court of Georgia · 1875

3Cited by1 opinion

  1. State v. KlodaWest Virginia Supreme Court · 1925

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