The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-04-19
NEW CAMPAIGN Will SON WARNS
IN MEXICO NEXT KAISER TO STOP
PERSONS CAN CARRY
LIQUOR in HIGHWAYS
Three Important Liquor Cases
Are Decided by Supreme
Court of This State.

Six opinions were handed down by
the supreme court of appeals Tues
day. the decisions In three OF them,
Frederick J. Emsweller against John
b. Wallace ct al, State against Fred
erick ]. Emsweller and State againrt
Joseph j. jenkins, being embraced in
one opinion handed down by Judge
Poffenbarger.
All three cases are from Monon-
gala county. and are the outcome OF
seizures of liquor, which II was al
legged was being brought into the state
in violation Of the law. In the first
case, the decision of the lower court
was reversed and Judgment awarded
here; the second was dismissed: and
the third reversed and remanded.
In effect. the opinion OF the court
Is that u search warrant must spe-
cifcally designate the particular
house, building or place which is to
be searched. and describes what con-
stitutes a valid search warrant; that
n warrant charging the sale, posses
sion or storage of liquor does not
charge the person in custody of such
liquors with having such liquors un-
lawfully, or with any other offense
under the statute and that the acts
of 1913 and 1916 do not make 1t
unlawful for any person to transport
along any highway. to his home for
his own use, any greater quantity OF
liquor than two quarts. provided the
same is properly labeled. The syl-
labus in the three cases is as follows:
Frederick j. Efnsweller v. John B.
Wallace ct al; Monongalia coun-
ty; reversed, judgment here. State
v. Frederick J. Emsweller; Monon-
galia county, dismissed. State V.
Joseph j. Jenkins; Monongalia
county; reversed, remanded; by
Judge Pofrenbarger.
A conviction by justice of the
peace on warrant stating. no facts
constituting an offense Is void.
An arrest made on void search
warrant is illegal. and conviction OF
a person arrested thereon. in JUS
tice's court is Illegal and void.
A search warrant not describing
and designating some particular
house. building or place for search
Is void.
A warrant charging that intoxicat-
ing liquors are being manufactured.
sold, offered, exposed, kept or stored
for sale, or bartered, in a certain
suit case, trunk or other container
in the possesslo nof a certain person
in the roads, streets, alleys or room
in the county, does not charge the
person in whose possession the suit
case, trunk or container is alleged to
be, with manufacturing, selling, ETC.,
nor with having, keeping or carrying
such liquors unlawfully, nor with any
other offense under the statute.
Chapter 13 of the acts of 1913. as
amended by chapter Z OF the acts Of
1915, does not make it unlawful for
citizen to carry or transport one
half of one gallon Of intoxicating
liquors, without statutory label or
more with such label on, and along
any public highway, to his home for
his personal use there.
A Justices docket entry of judg-
ment In q criminal case need not re-
cite findings Of fact sufficient to con-
stitute an offense, and a person ,in-l
der conviction by such judgment
will not be discharged on a writ Of
tabeas corpus for lack Of such recit.
al; but such docket entries are only
prima facie evidence OF the jurisdic.
tional facts essential to valid con-
viction.
A plea Of guilty to a void warrant
involves no admission Of guilt and