State v. Smith
West Virginia Supreme Court
Woods, Judge, furnishes the following statement of the case: At the March term, 1884, of the circuit court of Taylor county, Carter Smith was indicted for the murder of one George McDaniel.
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Woods, Judge, furnishes the following statement of the case: At the March term, 1884, of the circuit court of Taylor county, Carter Smith was indicted for the murder of one George McDaniel. The indictment contained two counts, in the precise form prescribed by section- 1 of chapter 118 of the Acts of the Legislature of 1882. In the first count he was charged with the murder of George McDaniel, on the - day of December, 1883; in the second count he was charged with the murder of George McDonald, on the - day of December, 1883. On the 31st of March, 1884, the defendant moved the court to quash…
1Opinion of the Court
Woods, Judge:
The form of indictment used in this case is in the exact words prescribed by section 1 of chapter 118 of the Acts of *817the Legislature of 1882, and was before this Court for consideration in the case of the State v. Guenther Schnelle, 24 W. Va., in which we held that the statute prescribing that form of indictment was constitutional, and that such indictment was valid. We have not been able to discover any reason to induce us now to reach' a different conclusion But it is insisted by the defendant’s counsel, that the indictment was defective because it united two different felonies…
2Cases cited3 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- State v. RobinsonWest Virginia Supreme Court · 1882
- Mershon v. StateIndiana Supreme Court · 1875
3Cited by12 opinions
- State v. ShoresWest Virginia Supreme Court · 1888
- State Ex Rel. Hinkle v. SkeenWest Virginia Supreme Court · 1953
- State v. LarueWest Virginia Supreme Court · 1925
- State v. McClungWest Virginia Supreme Court · 1891
- State v. RingerWest Virginia Supreme Court · 1919
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