The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-12-26
Rights of Accused Man Are De.
fined in Decision of Judge
John w. Mason.

In the case OF State VS.. sixo, ap-
pealed from the circuit court of Mo-
nongalia county. the supreme court
recently rendered q decision, reversing
the lower court. the opinion being de-
livered by Judge ]. w. Mason. The
syllabus and opinion follow: t
4. The form of the indictment pre-
scribed in section 3, chapter Is, acts
OF the legislature OF 1918, is sufficient
to give the defendant information OF
the character and cause OF the ac-
cusation against him.
20. The law in relation to bills OF
particulars applies to criminal and
civil cases. The right to require bill
OF particulars in criminal cases can
be exercised only where the law al
lows general statements In the plead
ing, and Justice requires further In
formation Of the accusation. The mo-
ton for bill of particulars in
Criminal Cases
should be made before pleading and
should be supported by. affidavit stat
ing specifically the information de-
sired.
"S. The act OF the legislature Of
1915, chapter z, section 81, providing
that 1T shall be unlawful for any per-
son to bring or carry into the state,
or from one place to another within
the state, even when intended for per-
sonal use, liquors exceeding in the
aggregate one-half OF one gallon in
quantity, unless there is plainly writ
ten or printed on the side or top OF
the suit case, trunk or other con-
tainer, in large display letters, in the
English language, the contents OF the
container or containers, and the guam
tity and kind Of liquors contained
therein. II, any. person shall violate
this section he shall be deemed guilty
of a misdemeanor.' creates new and
substantiative offense.
a. II was within the Legislative
power to enact the statute named in
the foregoing point, and said part of
the said statute creating such otfense,
does not conflict with any Of the pro-
visions Of the constitution OF the
United States or of this state. AiH
"5. One part Of section 81, chapter
q of the acts of the legislature Of 1915,
provides that the liquors In the pos
session of any person violating this
section (meaning said section 81 may
be seized, and shall be conclusive evil
dence OF the unlawful keeping, stor-
ing and selling Of the same by the per-
son having such liquors in his pos
session That part of said section
which makes such possession 'conclu-
sive evidence is unconstitutional and
void.
60, Though one provision ola stat
ute is
Repugnant to the Constitution,
yet If it is distinct in operation, and
separable from the other parts of the
statute, that provision will be ignored
and the other parts stand.
"7. An instruction which tells the
jury that under the laws of the state
of West Virginia 1t is unlawful for
any person to bring or carry into the
state or from one place to another
within the state, even when intended
for personal use, liquors exceeding in
the aggregate one-half Of one gallon
in quantity, unless there is plainly
printed or written on the side or top
of the suit case, trunk or other con-
tainer (which includes a basket in
large display letters In the English
language. the contents of the contain
err, or basket, and the quantity Of liu-
uor contained therein and II such
statement does not truthfully show
the contents OF said container in large
display letters the liquors in the pos
session OF the defendant shall be con-
elusive evidence of the unlawful keep
ing, storing and selling of liquors by
the defendant having such liquors In
his possession" is erroneous. ,u
!. "S. An instruction which tells the
jury that IL they believe from the evil
dence in this case that the defendant,
Andy Sixo, on or since the first day of
March. 1916, brought or carried into
Monongalia county, in West Virginia.
or from one place to another within
said county in said state, two quarts
of whiskey, two quarts Of rum and
four pints Of beer and that said liquor
was seized while in the possession of
the defendant, in said county, and that
there was pasted on the side Of a
basket containing said liquor piece
of paper on which was written in the