State v. Cooper
West Virginia Supreme Court
The facts of the case will be found in the opinion of the Court. I submit to the court that the writ of error in this case was improvidently awarded, for the reason that no final judgment had been rendered. The Code, ch. 135, § 1, as amended by ch. 157, Acts 1882, provides that a writ of error or supersedeas may be granted by the Supreme Court of Appeals : “ Tenth. — In a criminal case, where there has been a conviction,” &c.
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The facts of the case will be found in the opinion of the Court. I submit to the court that the writ of error in this case was improvidently awarded, for the reason that no final judgment had been rendered. The Code, ch. 135, § 1, as amended by ch. 157, Acts 1882, provides that a writ of error or supersedeas may be granted by the Supreme Court of Appeals : “ Tenth. — In a criminal case, where there has been a conviction,” &c. This is a criminal case, and there has been no conviction in it. It is only in civil cases that an appeal may be taken from an order granting a new trial. (Code, ch.…
1Opinion of the Court
Snyder, Judge:
William A. Cooper was tried by jury at the November term 1882, of the circuit court of Mercer county, upon an indictment for selling spirituous liquors without a State license therefor. A verdict was found for the defendant which the court on the motion of the State set aside and ordered a new trial. The defendant excepted to this action of the court and obtained this writ of error.
The only question presented to this Court is, did the circuit court err in setting aside the verdict of the jury and granting a new trial ? The plaintiff in error insists that this action of the court…
2Cases cited2 opinions
- Miller v. Insurance Co.West Virginia Supreme Court · 1877
- State v. ThompsonWest Virginia Supreme Court · 1882
3Cited by22 opinions
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- State v. BakerWest Virginia Supreme Court · 1889
- State v. CirulloWest Virginia Supreme Court · 1956
- State v. MorganWest Virginia Supreme Court · 1891
- State v. PorterWest Virginia Supreme Court · 1925
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