Legal Opinion

State v. Sutter

West Virginia Supreme Court

Decided November 26, 1912PublishedCited by 27 opinions

Error to Circuit Court, Pocahontas County. H. Clare Sutter was convicted of keeping in his possession cocaine with intent to sell phe same, and brings error.

1Opinion of the Court

BRANNON, PRESIDENT:

An indictment against Clare Sutter contained two counts, the first charging the unlawful sale of cocaine, the other the keeping in his possession cocaine with intent to sell it. He was tried on the second count, found guilty by a jury, and sentenced to the penitentiary for five years.

•We think the motion to quash the second count was properly overruled. It is based on section 2 of chapter 16, Acts of 1911. The count charges that Sutter “did unlawfully and feloniously have in his possession cocaine and mixtures containing cocaine, with intent then and there to sell, give…

2Cases cited4 opinions

  1. State v. EdwardsWest Virginia Supreme Court · 1902
  2. State v. ParsonsWest Virginia Supreme Court · 1894
  3. Fluharty v. MillsWest Virginia Supreme Court · 1901
  4. State v. DetwilerWest Virginia Supreme Court · 1906

3Cited by27 opinions

  1. State Ex Rel. Grob v. BlairWest Virginia Supreme Court · 1975
  2. People v. IsbyCalifornia Supreme Court · 1947
  3. State v. WillsWest Virginia Supreme Court · 1922
  4. Dye v. SkeenWest Virginia Supreme Court · 1950
  5. State v. BlankenshipWest Virginia Supreme Court · 1952

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