State v. Wheeler

The appellant (a negro) was charged, by an information filed in the Circuit Court of Lincoln County, with the unlawful transportation of "moonshine." The jury found him guilty and assessed his punishment at imprisonment in the penitentiary for five years. He was sentenced accordingly and appealed.

The evidence offered by the State shows that the sheriff and one of his deputies and the prosecuting attorney arrested appellant on a public road, a short distance from the city of Troy, in Lincoln County, late in the afternoon of June 5, 1926. The officers were driving in the sheriff's car and…