State v. Bailey

POFEENBARGER, PRESIDENT:

On his writ of error to a judgment of the circuit court of Mingo county, imposing upon him a sentence of two years imprisonment, for the larceny of four barrels of whiskey, Halsey Bailey assigns, as error, among other things, the overruling of his demurrer to the indictment, founded upon the lack of averment therein of any mark or number on the barrels by which they could be distinguished from others of the same or similar kind. The objection is not tenable. Under State v. Huff 31 W. Va. 355, the indictment is good. It charges the larceny of “four barrels of whiskejr…