State v. Allen
West Virginia Supreme Court
This case was brought here on a writ of error to a judgment of the circuit court of Mason county, on the-application of the State. The material facts and also so much of the constitutional and statutory provisions as are necessary to understand the questions discussed and decided by this Court, will be found stated in the opinion of Moore, -Judge. The Hon. Joseph Smith, judge of said circuit court* presided at the trial below.
1Opinion of the Court
Moore, Judge:
An indictment was found by the grand jury of Mason county at the September term, 1872, of the circuit court, against the defendant, L. I). Allen, for unlawfully selling spirituous liquors, wine, porter, ale, beer and drinks of like nature, &c., without having first obtained a license therefor, according to law, “and against the peace and dignity of the State of West Virginia.”
On the 16th day of April, 1873, the defendant moved the court to quash the indictment, as the petition states, because it concluded “against the peace and dignity of the State of West Virginia.”
The…
2Cases cited1 opinion
- Lemons v. StateWest Virginia Supreme Court · 1870
3Cited by5 opinions
- State v. CampbellSupreme Court of Missouri · 1908
- Beach v. O'RileyWest Virginia Supreme Court · 1878
- State v. BaileyWest Virginia Supreme Court · 1970
- State v. PeytonWest Virginia Supreme Court · 1905
- Arthur C. v. Jonathan Frame, Superintendent, Mt. Olive Correctional ComplexWest Virginia Supreme Court · 2026