State Ex Rel. Moats v. Janco
West Virginia Supreme Court
1DissentCalhoun, Judge
Respectfully, I dissent for various reasons.
The accused in this case was convicted upon his plea of guilty. I would hold that the judgment entered by the justice of the peace is void for uncertainty. Upon this basis, I would *913relieve Moats of the fine imposed by the justice; discharge him in relation to the sentence of imprisonment in the county jail; and, in these circumstances, I would not consider or decide either of the two constitutional questions urged in behalf of the petitioner in the habeas corpus proceeding. State ex rel. Titus v. Hayes, 150 W.Va. 151, pt. 5 syl., 144 S.E.2d 502. In…
2Cases cited16 opinions
- Tumey v. OhioSupreme Court of the United States · 1927
- Williams v. IllinoisSupreme Court of the United States · 1970
- Tate v. ShortSupreme Court of the United States · 1971
- Phillip Morris v. Hiram Schoonfield, WardenSupreme Court of the United States · 1970
- State Ex Rel. State Building Commission v. BaileyWest Virginia Supreme Court · 1966
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