Surles v. Commonwealth

These two cases were heard together in the trial court and are being heard together on appeal.

In February, 1938, David Surles and G. S. Thomas were arrested in Gate City, Scott county, on warrants charging them with unlawfully transporting illegal whiskey. The trial justice found each of them guilty, fined each of them $100.00 and directed that they be confined in the county jail for sixty days. Upon appeal heard by consent without the intervention of a jury, these judgments were confirmed by the Circuit Court, which did, however, suspend the jail sentence. Appeal is now to us.

Surles and…