State v. Clarence Harless

• Decision Date: 24 April 1928
• Docket Number: (No. 6059)
• Citation: 105 W.Va. 480
• Court: West Virginia Supreme Court
• Parties: State v. Clarence Harless

105 W.Va. 480

State

v.Clarence Harless

(No. 6059)

Supreme Court of Appeals of West Virginia.

Submitted April 18, 1928.

Decided April 24, 1928.

Criminal Law Intoxicating Liquors Warrant Charging Transporting Intoxicating Liquors Failing to Negative Statutory Exceptions is Fatally Defective; Motion in Arrest of Judgement, After Conviction, on Warrant Charging Transporting Liquors Not Negativing Statutory Exceptions, Should be Sustained (Barnes' Code, c. 32A, §§ 1, 31a).

A warrant based upon Section 31a, Chapter 32A, Barnes'

Code, which fails to negative the exceptions contained therein,

is fatally defective; and a motion in arrest of judgment after

verdict of conviction thereon should be sustained.

(Criminal Law, 16 C. J. § 2790; Intoxicating-Liquors, 33 C. J. § 422.)

(Note: Parenthetical references by Editors, C. J. 'Cyc. Not part of syllabi.)

Error to Circuit Court, "Wayne County. Clarence Harless was convicted of transporting intoxicating liquor, and he brings error.

Judgment reversed; verdict set aside; motion in arrest of judgment sustained; prisoner discharged.

C. B. Harless, for plaintiff in error.

Lively, Judge:

Upon appeal from a justice, defendant Harless was convicted under a warrant charging transportation of intoxicating liquor. He was fined $250.00 and sentenced to six months' imprisonment, This writ followed.

On December 14, 1926, defendant, then nineteen years of age, while walking along Virginia street in Charleston, accepted the invitation of Richard Baer, a friend and neighbor, to take a ride in the latter's car. At Baer's suggestion they drove to Huntington, West Virginia. Upon arriving in that city, Baer remarked that he believed he would go over into Kentucky to get a drink. Thereupon, they drove to Ashland, Kentucky, and parked their automobile in front of a restaurant. The defendant went into the restaurant, and Baer went some place unknown to defendant, After a brief absence, Baer returned and stated that he was ready to drive back to South Charleston. Upon getting in the car the defendant noticed several packages on the floor and he asked Baer what they were. He was informed that the packages contained liquor. It was then getting late in the evening. The defendant had never been to Kentucky before. "With Baer at the wheel, the journey homeward was begun. As they were crossing the bridge leading to Kenova, several state police and local officers armed with search warrants for certain automobiles, observed Baer's car approaching at a rapid rate of speed with but one light on it, and desiring to determine whether the automobile was one of those which was sought to be apprehended, attempted to stop the car. Baer speeded up across the bridge. Whereupon, the officers on the bridge blew a whistle, which was heard by two of their companions stationed about fifty yards away, who took up the pursuit of Baer's car. The chase continued through the streets of Kenova until Baer turned the automobile aside from the main road and drove off on an untraveled way. The officers were close upon his car, and perceiving that capture was imminent, Baer told defendant to throw the packages of liquor from the car, and the defended acceded to this request. Finally, Baer's car became mired in some cinders near the B. & 0. yards, and stopped. As the officers drew up both Baer and defendant ran from their car. The former escaped in the darkness, but the latter was captured. The officers found three one-gallon jugs of liquor intact and one broken...