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STATE v. DE SPAIN

No. CC812.

81 S.E.2d 914 (1954)

STATE v. DE SPAIN.

Supreme Court of Appeals of West Virginia.

Decided May 18, 1954.

Attorney(s) appearing for the Case

John G. Fox, Atty. Gen., T. D. Kauffelt, Asst. Atty. Gen., for plaintiff.

Bonn Brown, Jacob S. Hyer, Elkins, Milford L. Gibson, Kingwood, for defendant.

BROWNING, Judge.

This case is here upon certificate from the Circuit Court of Randolph County. On October 11, 1953, E. P. Phares, Mayor of the City of Elkins, in his capacity as justice of the peace, ex officio, upon complaint of J. R. Stalnaker that the latter "has cause to believe and does believe that alcoholic liquors * * * are being manufactured, sold * * *.", in a certain described two story building in the City of Elkins occupied by the Elks Club "contrary...

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