The Richmond Virginian. (Richmond, Va.) 1910-1920, 1917-11-16
VITAL FEATURES OF
MAPP LAW UPHELD IN
HIGHEST TRIBUNAL
supreme Court Upholds Circuit Court
OF Rockingham In Case OF Coch-
ran VS.. Commonwealth.
QUETToN OF WHAT Is A
CALENDAR MONTH SETTLED
Title OF Prohibition Law Sufficiently
Broad-Epxress Records and Reel
pient's Anidavits May Re Used
Against Him In Court

given rise to a considerable amount
OF speculation in the enforcement of
the provisions of the Mapn prohibit
ton law. a decision handed down yes
ferday by the supreme court of APP
peals. affirming the decision OF the
circuit cour OF Rockingham county.
and supporting the constitutionality
or the measure, was one OF the most
important of the year In state judi
sal circles.
The case in point was that OF
Charles Cochran against the COM
monweal.h, and came TO the highest
tribunal on appeal from decision
in which, on n charge involving the
violation OF the prohibition law in
that he accepted the delivery Of
quart Of whiskey in less than thirty
DAYS after the delivery of a previous
order. Cochran was given thirty days
In Jail and was fined $50.
The decision OF the court settles
the point that receipt 81 LIQUOR at
any time within thirty DAYS after the
receipt of n prior shipment IN unlaw-
full even though the shipment may
be In one month and the other in an
other month.
Facts of Case.
The facts nt the Cochran case were
that he received from the Southern
Express company AT It's Harrisouburg
Office one quart or whLskev on Deeen3-
her 90 1915, and that on November
20 he lad received a similar ship
ment
Cochran made number Of In
reulous pleas His counsel In the
lower court attempted TO have the fol-
lowing instruction given the jury"
The court instructs the fury that the
4 defendant under the law is entitled
10 receive not oftener than once each
rs'e1dar month. one quart OF dis
ttiled liquor and II the jury believe
| fr,,,a the evidence that the defendent
~ the months OF November ana
| necef IN her 1910. did receive but one
quart or distilled liquor In each of said
raonths then the Jury will find the de-
fenA~rt not guilty"
The court refused 10 give this In
xtruction and overruied the motion
tn SGT aside the verdict found. the
supreme court now holding in sup
rnri Thereof that calendar" month
| hee;rptnx November 20 does not emo
until December 20
sffackcd Constitutionaiity Law.
The defense too plead that the law
w.aa unconstitutional in that the title
Ia. the acf- was not tread -e.ouEh -
admit Of such an enactment. In dis
posing OF this objection Judge Sims
who handed down the opinion. said
-Tha rule is we'll settled that the
constitution tsect!on SD is TO be hh-
eraiIy construed IN determining
vhe.her an act is broader than its
tttie: that the act is to be upheld II
practicable that teh title Is sufficient
3f the provisions OF the act may he
fairly regarded az in furtheranee OF
the object expressed in the title
All that is required by sec
ton 81 of the constitution Is that thf
subject embra ced in the statute. but
no. embraced In the title. be conEra-
Gus ard hace natural connection with
And ze germane to the subject ex'
messed in the title. az instrumental
H.. for the accom- plishmert Of th'
genera, purposes Of the act"
Tested bythis rule the objection
falls to the ground. In the opinion
OF the court.
Asked Remarkable Instruction.
One of the remarkable instructions
which was refused in the lower cour
ard was made ground for appeal
waa TIE following, which is quoted II
yudre Sims' discussion OF the case
ssrhe court irstructs the jury tina
neltTs7 ,ae express waybill, the am
Aavit, ncr the express records, nor a.
NJ them combined, are sufficient proc
to establish the guilt of the defendan
IN this caAe. for the burden rests O
tha commonwealth to prove heyon
Iii r.asonable doubt that the con
fants OF the packages received by tn
1afendants was distilled spirits" tn
defense had held than tns affdavits g
The accused could not ~ admitted
evidence against him. The suprem
court says that there Is no merit !
the position that the records of IN
express com pany and afndavits OF tn
- Hv,t uuf IN IN n
dencs until the corpus delicti wa
otherwise proved.
Cochran must serve his term
Applies to Sfulfxe Chec.
1rhe same principles apply In IN
ras- of r. L. Stultxe. from the san,
rourt and on like charge. Stuitze wa
: former newspaper man ana appl
cation Is now In the hands OF tn
rovernor for his pardon. He 10 no.
r. a training camp, having bean draw
n the nrst draft Following precs
aents in similar cases where the mia
has been drafted. the governor wi
tnrobabiy not turn an unwilling ear
ths petitfon. although in no case hs
he rsmitted the fine attached.
Sunday Law Upheld.
THE sunday laws OF the state We,
rrheld in the sustaining by the q,
nrsme court of a fine imposed for
Collation. OF the ordinances of II
tnywH Of Covington al we'll az the Law
81 the state In the sale OF soft drini
N sunday, the case being that I
Ei,is W. the town OF Covington.
lanes KenHan. of Clarke, escapes
4aN penalty on a tschnicality, havir
bsen indicted in January for violatie
81 the prohibition law within tt
s-.ive months last past" while IL
Nv became effective November
1916
- the case of Calvin Bare, fro
ths circuit court of Rockingham. II
Never court was reversed. Bare Wi
rnnyictsd of giving certain OF h
trends cider made of fruit grown
Nm. which cider contained more alc'
Last Of Decisions.
IS. l.alnueSrane L. a full LIST Of III