94 W. Va. 634 | W. Va. | 1923
Defendant at the March term, 1922, of the circuit court of Pocahontas County, was indicted for carrying á revolver. He was found guilty, and his motion to set aside the verdict and grant him a new trial because the verdict is contrary to the law and the evidence was overruled. This is the main ground relied upon to reverse the judgment.
The prosecuting witness, L. E. Taylor, testifies positively that the defendant some time in July, 1921, when witness was on his way home, upbraided him for taking up some ties which -defendant claimed, threatened him and brandished a revolver; that defendant took it from his pocket, and the witness indicated to the jury how defendant handled it; that he was acquainted with the lines between defendant’s lands and the lands of the Range Lumber Company and that this demonstration occurred on the lands of the company. De
Upon such conflicting testimony the jury has passed, and we can not set aside the verdict because of insufficiency of evidence. State v. McLaughlin, 91 W. Va. 654, 114 S. E. 278.
Certain affidavits, a statement or certificate from the Range Lumber Company tending to show the purchase of the land by defendant, and a declaration in unlawful entry and de-tainer filed by the company ag'ainst defendant to recover possession of the land, all tend to show that defendant actually had possession and,control of it. Had these matters been proved they doubtless would have secured his acquittal, but they were not introduced in evidence. The affidavits were made after the trial, none of these papers were made a part of the record, hence they can not be considered.
We therefore affirm the judgment.
Affirmed.