State v. Kyle
West Virginia Supreme Court
This was ail original application to this court, by William Kyle, praying that a writ of prohibition might be awarded against the Hon. Joseph Smith, judge of the circuit court of Kanawha county, commanding him to ab" stain from all further proceedings in a cause pending in said circuit court, in the name of the State of West Virginia against William Kyle, who had been theretofore indicted in the county court of said county for a violation of the law providing the mode and…
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This was ail original application to this court, by William Kyle, praying that a writ of prohibition might be awarded against the Hon. Joseph Smith, judge of the circuit court of Kanawha county, commanding him to ab" stain from all further proceedings in a cause pending in said circuit court, in the name of the State of West Virginia against William Kyle, who had been theretofore indicted in the county court of said county for a violation of the law providing the mode and manner of obtaining license for the sale of intoxicating liquors and how violations of such law may be punished. The facts…
1Opinion of the Court
Moore, Judge :
At the April term of the county couit of Kanawha county, 1873, ¥m, Kyle was indicted for unlawfully retailing spirituous liquors, wine, porter, ale, beer, &c. The defendant Kyle appeared at the same term of the court and demurred generally to the indictment and each count thereof The court sustained the ■ demurrer, dismissed the indictment and discharged the defendant from farther prosecution in that behalf. The State, by its attorney, excepted to the ruling of the court, and on the 10th day of May, 1873, the circuit court of Kanawha county granted the State a writ of error in…
2Cited by14 opinions
- State ex rel. West v. ButlerSupreme Court of Florida · 1915
- White v. ManchinWest Virginia Supreme Court · 1984
- Fleming v. CommissionersWest Virginia Supreme Court · 1888
- Wolfe v. ShawWest Virginia Supreme Court · 1933
- Diamond v. Parkersburg-Aetna Corp.West Virginia Supreme Court · 1961
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