
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, February 5, 1991                   TAG: 9102050329
SECTION: VIRGINIA                    PAGE: B8   EDITION: STATE 
SOURCE: David M. Poole
DATELINE: ROCKY MOUNT                                LENGTH: Short

PROSECUTOR: MOONSHINE CASE OPEN

The Franklin County prosecutor says he still is pursuing moonshine charges against a Ferrum man even though the case was not presented to a grand jury Monday.

"The case is still open," said Commonwealth's Attorney Cliff Hapgood.

In November, Hapgood dismissed moonshine manufacturing charges against Ralph Dwan Hale, 51, because of a procedural dispute with Hale's attorney.

Hapgood said he would ask a grand jury to reinstate the charges, but presented no evidence to the grand jury that was impaneled Monday.

Hale was arrested in January 1990 in connection with an illicit still that state Alcoholic Beverage Control agents found off Virginia 781 near Ferrum.

Agents did not observe Hale at the still, but gathered circumstantial evidence - including 16,600 pounds of sugar - that they alleged linked him to the operation.

In 1980, Hale had been arrested in connection with an underground still in the Knob Church section of Franklin County that had been disguised as a family cemetery. White-painted cinder block tombstones - adorned with artificial flowers - concealed vents for the burners that cooked the mash.

Hale later pleaded guilty to conspiracy, paid a $5,000 fine and served about six months in a federal prison in West Virginia, court records show.

by CNB