State v. Zink

Miller, Judge:

The defendant was tried and convicted on an indictment charging him with unlawfully and feloniously having in his possession a quantity of moonshine liquor. The statute, section 3 of chapter 32A of the Code, makes the first offense under the act a misdemeanor, and the second offense a felony. The indictment alleged a former indictment, trial and convic-. tion, on a charge of having in possession moonshine liquor.

From the evidence it appears that the chief of police of the City of Moundsville, another member of the city police force, and two members of the state department of…