State v. Pennington
West Virginia Supreme Court
cited Code, c. 149, s. 22; 1 Bish. Grim. Pro. (2nd Ed.) §§ 387, 505, 517, 519, 543, 623, 325, 507; Bish. Stat. Crimes, §§ 351, 362; 12 Wheat. 459; Whart. Prec. Iud. & PL 585; 2 Ya. Cas. 331, 332; 1 Gray (Mass.) 481; Whart. Cr. PI. & Pr. (8th Ed.) 120; 1 Stark. Cr. PI. (2nd Ed.) 60. cited, Code, c. 149, s. 22; 31 Tex. (Crim.) 196; 23 N. E. 747; 21 Neb. 171; Code, c. 158, s. 10; 26 W. Ya. 153, 157; 87 Va. 96.
1Opinion of the Court
Brannon, Judge:
Jack Pennington was sentenced in the Criminal Court of Mercer county to the penitentiary on the charge of incest, and, being refused a writ of error by the Circuit Court of Mercer, brings the case to this Court.
*600The writ of error is based solely on alleged insufficiency of the indictment. It is said the indictment is bad in not alleging that Pennington knew that Arenia Pennington was his niece. The statute (section 22, chapter 149, Code 1891) does not make this an element in the definition of the offense, and the indictment follows the statute. It is contended that this is a…
2Cases cited6 opinions
- Arrington v. CommonwealthSupreme Court of Virginia · 1890
- State v. DanaSupreme Court of Vermont · 1887
- State v. BoggessWest Virginia Supreme Court · 1892
- State v. BruceWest Virginia Supreme Court · 1885
- State v. BallWest Virginia Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. McMillionWest Virginia Supreme Court · 1927
- State v. BoggsWest Virginia Supreme Court · 1927
- State v. TaylorWest Virginia Supreme Court · 1947
- Pyles v. BolesWest Virginia Supreme Court · 1964
- State v. MastersWest Virginia Supreme Court · 1928
20 more not listed; retrieve them via the Exa API.