91 W. Va. 146 | W. Va. | 1922
The defendants were jointly indicted in the circuit court of Taylor county, charged with transporting more than one quart of intoxicating liquors from one point to another within the State of West Virginia, during a period of thirty consecutive days, in violation of § 31 of ch. 32 A of the Code. A trial upon the indictment resulted in a verdict of guilty, and a motion to set aside the same being overruled, judgment was rendered that they be confined in jail and sentenced to pay a fine, to review which they prosecute this writ of error.
It appears that on the 30th of April, 1921, a prohibition
They insist here that the conviction cannot be sustained upon two grounds: first, that there is no evidence that the-fluid contained in the jars was intoxicating;' and, second,
The defendants earnestly contend that there is no sufficient evidence that they were transporting more than one quart of whiskey upon the occasion referred to by the witnesses. It is true there is no direct evidence as to what quantity of whiskey was in these three half-gallon jars. Could the jury infer from the facts proven that there was more than one quart contained therein? There were three jars, each of one-half gallon capacity, and there was whiskey in at least two of these jars, the one which the one defendant had in his blouse, and in at least one of the half-gallon ones which were in the sack containing two half-gallon jars. In all likelihood there was whiskey in both of these jars contained in the sack. The fact that the defendants on this occasion were carrying-whiskey in three jars of half-gallon capacity is some evidence that they had the amount of whiskey which the jars would hold, for why should one use three half-gallon jars to carry less than one quart of whiskey? Again, their action in destroying them upon observing the officers is significant. If the
It follows that the judgment complained of will be affirmed.
Affirmed.