State v. Foley

Riley, Judge:

In the case of State of West Virginia against E. H. Foley from the Circuit Court of Clay County, the defendant and Ranson Kirk were jointly indicted for the murder of Joseph Groves in Clay County, West Virginia, on March .1, 1944. The defendants each having demanded a separate trial, the State elected to try Foley first, and he was tried and convicted of voluntary manslaughter and sentenced to the penitentiary. To a judgment of sentence this writ of error is prosecuted.

On March 1, 1944, defendant Foley shot and killed Joe Groves at Widen, West Virginia, with a 32 calibre Smith…