Legal Opinion

State v. Blake and Smith

West Virginia Supreme Court

Decided January 29, 1924PublishedCited by 11 opinions

Case certified from Circuit Court, Tucker County. F. 0. Blake and another were indicted for grand larceny and for stealing a dog. Demurrer and motion to quash indictment sustained as to the first count, and overruled as to the second, and questions certified.

1Opinion of the Court

Litz, Judge:

At the October term, 1923, of the circuit court of Tucker county the defendants were indicted jointly for the larceny of one “black and tan male dog”, valued at $75.00, the property of W. F. Lipscomb. The indictment contains two counts, the first in the usual form for grand larceny, and the second in like form with the further averment that taxes had been duly assessed and paid on said dog within one year next preceding the finding of the indictment.

By demurrer and motion to quash the defendant challenges the sufficiency of the indictment and each count thereof. The lower court…

2Cases cited1 opinion

  1. Davis v. CommonwealthSupreme Court of Virginia · 1867

3Cited by11 opinions

  1. State v. VoiersWest Virginia Supreme Court · 1950
  2. State v. WatkinsWest Virginia Supreme Court · 2003
  3. State v. ArbogastWest Virginia Supreme Court · 1950
  4. Julian v. DeVincentWest Virginia Supreme Court · 1971
  5. State v. LarkinWest Virginia Supreme Court · 1929

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