The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-12-26
OPINION nv LIQUOR
CASE IS RENDERED
BY a HIGH COURT

presence and view OF the Jury. The
writing was in English. This is the
substance OF all the evidence submit
ted by the state. The defendant was
examined rs a witness In his own be-
half. He admits having in his pos
session at the railroad station, as the
time mentioned, the basket containing
the liquors. marked or labelled, as
stated, but says he was on his way
from Point Marion, Pa, where he
purchased the liquors, and says;
Wanted 10 drink IL myself: wanted to
keep 1t, Work too hard and work
drink some He was then asked this
question: Did you intend to sell. of
fer, keep. store or expose for sale or
solicit or receive any orders for
1t? The state objected TO this ques-
ton. and the court refused to permit
the witness to answer, TO which ruling
the defendant excepted. II does not
appear what the answer would have
been had the witness been permitted
to answer. These are all the
Material Facts
proved by the state or the defendant.
"There is no direct evidence that
the defendant sold or offered for sale
any OF the liquors in his possession.
The evidence Is insufficient to author
lie verdict for keeping, storing or
selling liquors, unless 1t may be said
that the possession of the liquors un-
der the circumstances, justified the
jury in so inferring. The trial court
seemed to be OF opinion that this
10Th ~
of the legislature of 1916. chapter Z,
section 81. amending chapter 10, OF
the acts of the Legislature OF 1913.
and gave to the Jury the following In
structions, over the objection OF the
defendant:
mo. i The jury are instructed
that under the laws OF the state of
West Virginia II 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 basket in
large display letters In the English
language, the contents of the contains
er, or basket, and the quantity OF liq-
uor contained therein, and II such
statement does not truthfully show
the contents Of such container, in
large display letters, the liquors in
possession of the defendant shall be
conclusive evidence of the unlawful
keeping, storing and selling Of liquors
by the defendant having such liquors
in his possession
No. 2. II the jury believe from
the evidence In this case that the de-
PENDANT, Andy Sixo, on or since the
first day of March, 1915, brought or
carried into Monongalia county, in
West Virginia, or from one place 10
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 con-
tanning said liquor piece OF paper
on which was written in the English
language, but not In large display let
tiers. the words and figures, Gus.
whiskey,2 qts. rum, A pts. beer, then
they must find the defendant guilty
as charged in the indictment, and II
the jury further believe that the said
written statement truthfully and cor
rectly stated the contents <of said
basket and the quantity and kind OF
! liquors contained therein, and that the
said statement was in large display
letters. still the possession of said
quantity Of whiskey by the defendant
| ut the time the same was seized in
said county, is prima facie evidence
that the defendant at the time afore-
said in the county aforesaid, did un-
lawfully sell. store and keep intoxi-
eating liquors, and then the burden
OF proof is on the defendant in this
case to overcome such prima facis
case l
These instructions, are based on
said section 81, chapter z, Of the acts
Of 1915. This section creates new
and substantive offense. 1t is made
a misdemeanor under this section 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
Ii Plainly Printed
or written on the top or side of the
suit case, trunk or other container in
large display letters, in the English
language, the contents of the container
or containers. and the quantity ana
kind of liquors contained therein
The punishment for such violation is
the ssametas prescribed by section 3,
chapter 10, Of the acts OF the legisla-
ture Of 1913, and in addition thereto
the LIQUORS in possession OF the per-
son violating this section may be seized
and shall be conclusive evidence or
the unlawful keeping, storing and
selling of same by the person having
such liquors in his possession.
But 1t is insisted by counsel for
plaintiff in error that said section 81