State v. Dailey
West Virginia Supreme Court
Application for a writ of prohibition, by the State, on the petition of Allen B. Noll, against Honorable R. W. Dailey, Judge, and others.
1Opinion of the Court
Williams, Judge:
Claude W. Stewart, who was indicted for felony at the January term of the circuit court of Berkeley county, appeared in court and tendered three several pleas in abatement averring that there was no legal evidence before the grand jury on which they could find the indictments. The attorney prosecuting for the State objected to the filing of the pleas, and moved the court to require defendant to plead or demur to the indictments. The court overruled the motion and objection, until the matters arising on the pleas in abatement should be determined; and the attorney general and…
2Cases cited11 opinions
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- State v. FassetSupreme Court of Connecticut · 1844
- City of Charleston v. BellerWest Virginia Supreme Court · 1898
- State v. WoodrowWest Virginia Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State v. RileyWest Virginia Supreme Court · 1966
- State v. LewisWest Virginia Supreme Court · 1992
- State ex rel. City of Huntington v. LombardoWest Virginia Supreme Court · 1965
- White Sulphur Springs, Inc. v. RipleyWest Virginia Supreme Court · 1942
- State Ex Rel. Cosner v. SeeWest Virginia Supreme Court · 1947
27 more not listed; retrieve them via the Exa API.