State v. Bruce
West Virginia Supreme Court
A statement of the facts of the case will be found in the opinion of the Court. The first assignment of error is the overruling of the demurrers to the indictments. The first count in each indictment is good under § 1, ch. 32, of the Code, as amended by ch. 107, Acts 1882, (State v. Pen-dergast, 20 W. Va. 672; State v. Cox, 20 W. Va. 797.) It is objected to the second counts, that they do not state the dates of the-commission of the offences.
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A statement of the facts of the case will be found in the opinion of the Court. The first assignment of error is the overruling of the demurrers to the indictments. The first count in each indictment is good under § 1, ch. 32, of the Code, as amended by ch. 107, Acts 1882, (State v. Pen-dergast, 20 W. Va. 672; State v. Cox, 20 W. Va. 797.) It is objected to the second counts, that they do not state the dates of the-commission of the offences. This was not necessary, as time is not of the essence of the offence. (Code, ch. 108, § 10.) This section also cures the omission of the word ‘‘oath” in…
1Opinion of the Court
Snyder, Judge:
The defendant, L. W. Bruce was, at the May term, 1882, of the circuit court of Summers county indicted, in two cases, which were at the September term, 1882, by consent tried together by the court, who found the defendant guilty and fixed his fines and gave judgment for $25.00 and costs in .each case. The defendant moved the court to set aside its judgment, which motion being overruled, he excepted and by bill of exceptions had all the facts proved certified. The two indictments are substantially the same, and in form as follows:
“ The jurors of the State of West Virginia in and…
2Cases cited4 opinions
- Abrahams v. SwannWest Virginia Supreme Court · 1881
- State v. LyonWisconsin Supreme Court · 1863
- State v. PendergastWest Virginia Supreme Court · 1882
- Wallace v. CarlisleSupreme Judicial Court of Maine · 1841
3Cited by12 opinions
- State Ex Rel. Myers v. WoodWest Virginia Supreme Court · 1970
- State v. PenningtonWest Virginia Supreme Court · 1896
- Shiflett v. CommonwealthSupreme Court of Virginia · 1913
- State v. VaughanWest Virginia Supreme Court · 1923
- State v. PriceWest Virginia Supreme Court · 1922
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