Legal Opinion

State v. Welch

West Virginia Supreme Court

Decided October 24, 1911PublishedCited by 12 opinions

Error to Circuit Court, McDowell County. Frank Welch was convicted of carrying a revolver, and brings error.

1Opinion of the Court

ÉobiNSON, Judge:

Frank Welch complains that a judgment sentencing him to fine and imprisonment for carrying a revolver is erroneous. *548Our consideration of the case leads us to the conclusion that his motion to> quash the indictment should have been sustained. The trial court clearly erred in refusing to quash the indictment. No violation of law is charged against him.

The indictment merely charges that Welch, on a certain day, in the county in which the presentment was made, “did unlawfully carry about his person certain revolvers and other pistols, against the peace and dignity of the state.”…

2Cases cited3 opinions

  1. Redfield v. StateTexas Supreme Court · 1859
  2. State v. StroudSupreme Court of Iowa · 1896
  3. Maine v. CaseySupreme Judicial Court of Maine · 1858

3Cited by12 opinions

  1. State v. SavageWest Virginia Supreme Court · 1920
  2. State v. GarnerWest Virginia Supreme Court · 1946
  3. State v. MericoWest Virginia Supreme Court · 1915
  4. State v. ViquesneyWest Virginia Supreme Court · 1927
  5. State v. SpragueWest Virginia Supreme Court · 1931

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