State v. Holesapple

Miller, President:

To the indictment, in two counts, the defendant interposed his special plea in bar, to which the State demurred, and the circuit court sustained the demurrer and certified the questions arising thereon to us, pursuant to the statute.

Each count charged that defendant, at the October term 1917, of the Intermediate Court of Kanawha County, was indicted, and at the February term 1918 thereof, was convicted of the offense charged, of bringing and carrying into the State and from ene place to another within the State more than one quart of whiskey, to-wit, twenty-four pints, and…