State v. Barrick
West Virginia Supreme Court
Error to Circuit Court, Wetzel County. Livy L. Barrick and others were indicted for crime. Bar-rick was convicted, and brings error.
1Opinion of the Court
Brannon, Judge:
Livy L. Barrick was sentenced to the penitentiary for thirteen years upon an indictment in the circuit court of Wetzel county charging him and Fred Detwiler, Charles Pharet and Charles E. Foyle with rape upon the person of Martha Harbert, a girl between 17 and 18 years of age.
It is said that the court erred in overruling a demurrer to the indictment. One ground of demurrer is, that Martha Harbert is not alleged in the indictment to be a female. We hold that her Christian name imports that she is a female. *578Who would understand it otherwise? Besides that, the indictment states…
2Cases cited7 opinions
- State v. CliffordWest Virginia Supreme Court · 1906
- State v. PraterWest Virginia Supreme Court · 1902
- State v. ShawnWest Virginia Supreme Court · 1894
- State v. WilliamsWest Virginia Supreme Court · 1878
- Hanley v. W. Va. C. & P. Ry. Co.West Virginia Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. FranklinWest Virginia Supreme Court · 1953
- State v. WynnWashington Supreme Court · 1934
- Alexander v. JenningsWest Virginia Supreme Court · 1966
- Alexander v. JenningsWest Virginia Supreme Court · 1966
- Calder v. LeviCourt of Appeals of Maryland · 1935
10 more not listed; retrieve them via the Exa API.