State v. McDermott

Lively, President:

Defendant below prosecutes this writ to a judgment sentencing him to imprisonment for sis months and payment of a fine of $50.00 on a verdict finding him guilty of unlawfully carrying a revolver, alleging error in the instructions.

Defendant was a non-union miner and in going to work at a mine passed through the premises of the prosecuting witness Ed. Sheets, a union miner then on strike, who accosted him concerning his attitude toward the strike then in progress. Webb’s wife was present standing on the porch of her dwelling. Hotinspillar was said to have been present but was…