Legal Opinion · Dissent

State v. Riley

West Virginia Supreme Court

Decided November 22, 1966No. 12565Published

1DissentCalhoun, Judge

Respectfully I dissent. My dissent relates primarily to the action of the trial court in refusing, upon a proper and timely motion made in behalf of the accused, to exclude two jurors who had sat on prior grand juries which indicted the accused for different hut related offenses. My view is that the trial court committed a flagrant and most unfortunate abuse of discretion in this respect and that, in line with previously well settled legal principles, the error on the part of the trial court is such as should have compelled a reversal and an award of a new trial by this Court. I believe, and…

2Cases cited17 opinions

  1. Wolfe v. StateCourt of Criminal Appeals of Texas · 1944
  2. State v. LewisWest Virginia Supreme Court · 1949
  3. State v. HatfieldWest Virginia Supreme Court · 1900
  4. State v. GargilianaWest Virginia Supreme Court · 1953
  5. State v. DushmanWest Virginia Supreme Court · 1917

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