Younger v. State
West Virginia Supreme Court
Charles H. Younger, Jr '., was indicted in tbe circuit court of Mason county on tbe 27tb day of August, 1866, for tbe murder of Clarissy Younger. On tbe 29 th day of August, 1866, tbe prisoner was led to the bar of tbe court by the jailor of tbe county of Mason, in whose custody be was, and by bis counsel moved tbe court to quash tbe indictment against him, and each count thereof; which motion, after being maturely considered by tbe court, was overruled.
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Charles H. Younger, Jr '., was indicted in tbe circuit court of Mason county on tbe 27tb day of August, 1866, for tbe murder of Clarissy Younger. On tbe 29 th day of August, 1866, tbe prisoner was led to the bar of tbe court by the jailor of tbe county of Mason, in whose custody be was, and by bis counsel moved tbe court to quash tbe indictment against him, and each count thereof; which motion, after being maturely considered by tbe court, was overruled. Tbe prisoner was arraigned and pleaded not guilty to tbe indictment, and tbe cause was continued, on motion of the prisoner, b}7 bis counsel…
1Opinion of the Court
Brown, President.
By the Code 1860, chap. 208, sec. 3, a prisoner indicted for felony shall be personally present during the trial therefor; and the record can alone be looked to for the evidence to prove such presence at eveiy stage of the trial. 3 Bob. Practice (old), 115 and 178. The record in this case shows that the prisoner was led to the bar and thereupon came a jury, viz: “Austin Meadows,” and eleven others whose names are stated. And then proceeds: “And the jury sworn yesterday for his trial were brought into court, and having heard the evidence,” &c.
The jury having retired to…
2Cases cited4 opinions
- People v. ComstockNew York Supreme Court · 1832
- Rand v. CommonwealthSupreme Court of Virginia · 1852
- Overbee v. CommonwealthSupreme Court of Virginia · 1842
- Grayson v. CommonwealthSupreme Court of Virginia · 1850
3Cited by33 opinions
- State Ex Rel. Grob v. BlairWest Virginia Supreme Court · 1975
- State v. GreerWest Virginia Supreme Court · 1883
- State v. SheppardWest Virginia Supreme Court · 1901
- Dye v. SkeenWest Virginia Supreme Court · 1950
- State v. VanceWest Virginia Supreme Court · 1962
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