DocketNumber: No. 6254
Citation Numbers: 144 S.E. 884, 106 W. Va. 72
Judges: LITZ, JUDGE:
Filed Date: 9/25/1928
Status: Precedential
Modified Date: 1/13/2023
The defendants, A. B. Mitchell and Stanford Ball (plaintiffs in error) were each tried, convicted and sentenced to pay a fine of $300.00 and serve two years in the penitentiary on an indictment charging them with owning, operating, maintaining, possessing and having an interest in a "moonshine still," in violation of section 37, Chapter 32-A, Code.
Although several grounds of error are assigned, the one most earnestly pressed is that predicated upon the following instruction given for the State: "The court further instructs the jury that if the jury, or any member of the jury, is satisfied with the defendants' guilt beyond a reasonable doubt, then they can not find them not guilty." Counsel for the State virtually admits that this instruction is erroneous, but contends, under the authority of the cases of State v. Smith,
We find no merit in any of the other errors assigned. For the reason stated, the judgment is reversed, the verdict set aside and a new trial awarded the defendants.
Reversed; verdict set aside; new trial awarded.