State v. Tate

Rose, Judge:

This case is before us upon a writ of error and super-sedeas to the order of the Circuit Court of Raleigh County, refusing a writ of error to the judgment of the criminal court of that county, by which the latter court had sentenced the plaintiff in error to the penitentiary for life upon the verdict of a jury finding him guilty of murder in the first degree with the recommendation that he be punished by confinement in the penitentiary.

After the maturity of the case for hearing in this Court, the State filed a motion in writing to dismiss the writ of error and supersedeas on the…