Legal Opinion

State v. Cain

West Virginia Supreme Court

Decided August 19, 1882PublishedCited by 116 opinions

"Writ of error to a judgment of the circuit court of the county of Jackson rendered on the 24th day of March, 1882, in a trial on an indictment for murder in said court then pending, wherein the State was plaintiff and J ohn W. Cain was defendant, allowed upon the petition of said Cain. lion. Robert E. Fleming, judge of the sixth judicial circuit, pronounced the judgment complained of. The facts of the case are fully stated in the opinion of the Court. 2 Graft. 611; "Whar.

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"Writ of error to a judgment of the circuit court of the county of Jackson rendered on the 24th day of March, 1882, in a trial on an indictment for murder in said court then pending, wherein the State was plaintiff and J ohn W. Cain was defendant, allowed upon the petition of said Cain. lion. Robert E. Fleming, judge of the sixth judicial circuit, pronounced the judgment complained of. The facts of the case are fully stated in the opinion of the Court. 2 Graft. 611; "Whar. Crim. Ev. (8th ed.) § 448; ‘Whar. Crim. Prac. (8th ed.) § 565; Whar. Crim. Law (5th ed.) § 702; 1 East P. C. 96; Whar. on…

1Opinion of the Court

•JOHNSON, PRESIDENT,

announced the opinion of the Court:

On the 2d day of November, 1881, John W. Cain was in the circuit court of Jackson county indicted for the murder of Henry Brown on the 26th day of October, 1881. On the 3d day of March, 1882, the prisoner having pleaded not guilty to the indictment was put upon his trial before a jury. Erom the certificate of the evidence made a part of the record it appears, that soon after dark on the 26th day of October, 1881, as the defendant and deceased and several other parties were going along the XJublic road, the prisoner shot the deceased with…

2Cases cited26 opinions

  1. Hurd v. PeopleMichigan Supreme Court · 1872
  2. Oliver v. StateSupreme Court of Alabama · 1850
  3. Gladden v. StateSupreme Court of Florida · 1868
  4. Carroll v. StateSupreme Court of Alabama · 1853
  5. State v. SloanSupreme Court of Missouri · 1871

21 more not listed; retrieve them via the Exa API.

3Cited by116 opinions

  1. State v. StarkeyWest Virginia Supreme Court · 1978
  2. State v. PendryWest Virginia Supreme Court · 1976
  3. State v. HamricWest Virginia Supreme Court · 1966
  4. State v. GreerWest Virginia Supreme Court · 1883
  5. State v. SheppardWest Virginia Supreme Court · 1901

111 more not listed; retrieve them via the Exa API.

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