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94 W. Va. 679

State v. Marcum

West Virginia Supreme Court

Decided November 6, 1923

West Virginia Supreme Court · decided 1923-11-06

John Marcum was convicted of unlawfully manufacturing, selling, and transporting intoxicating liquors, and he brings error.

Cited by 2 later decisions — most recently July 1953

2 state decisions

Relies on 78 W. Va. 785 - Holt v. Otis Elevator Co.

Good law ✅— No negative treatment on recordhow we know

Writ dismissed · Decided 1923-11-06

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Litz, Judge:

¶1The defendant obtained this writ of error to judgment of the circuit court of Wayne county rendered May 8th, 1922, upon the jury’s verdict of guilty under a warrant charging him with unlawfully manufacturing, selling, offering, exposing, keeping and storing for sale or barter, and of transporting from Kentucky into this State, intoxicating liquors; by *680which judgment defendant was fined $300.00 and sentenced to jail and at hard labor on the public roads of that county for ninety days.

¶2The defendant, in his petition for writ of error and super-sedeas, assigns several grounds of error but has presented no argument to support them.

¶3Upon inspection of the record we find that the case is not properly before this Court. It does not appear that the defendant either moved to set aside the verdict, or excepted to the action of the court entering judgment thereon. The writ of error, therefore, will have to be dismissed as improvidently awarded, no errors worthy of consideration being assigned except those committed in the progress of the trial. Holt v. Otis Elevator Company, 78 W. Va. 785; 90 S. E. 333.

¶4Writ of error dismissed.

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