Legal Opinion

Lemons v. State

West Virginia Supreme Court

Decided January 15, 1870PublishedCited by 36 opinions

Charles Lemons was indicted in the circuit court of Green-brier county, on the 12th day of June, 1869, for stealing a horse from Daniel Rogers. The. indictment concluded •“against the peace and dignity of the State of W. Virginia.” On the 13th day of June, 1869, the prisoner was arraigned, and pleaded not guilty, and the jury found him guilty and fixed his term of imprisonment at two years in the penitentiary.

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Charles Lemons was indicted in the circuit court of Green-brier county, on the 12th day of June, 1869, for stealing a horse from Daniel Rogers. The. indictment concluded •“against the peace and dignity of the State of W. Virginia.” On the 13th day of June, 1869, the prisoner was arraigned, and pleaded not guilty, and the jury found him guilty and fixed his term of imprisonment at two years in the penitentiary. During the progress of the trial, numerous exceptions were taken, both to the introduction and exclusion of evidence, and also to many proceedings in the case, all of which were…

1Opinion of the CourtBerkshire, J.

This is a writ of error to the judgment, of the circuit court of Greenbrier county. The defendant, now plaintiff in error, was indicted, tried, and convicted of felony, for the larceny of a certain horse of the value of 150 dollars, belonging to Daniel Rogers,

The defendant, without any demurrer or motion to quash, pleaded not guilty to the indictment, and no motion was made in arrest of judgment. He, however, moved the court to set aside the verdict and grant him a new trial, upon sundry grounds set forth in the bill of exceptions taken to the opinion of the court for overruling the motion.

The…

2Cases cited1 opinion

  1. Matthews v. CommonwealthSupreme Court of Virginia · 1868

3Cited by36 opinions

  1. State v. GrateSupreme Court of Missouri · 1878
  2. Davenport v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
  3. State v. CampbellSupreme Court of Missouri · 1908
  4. Wetherington v. StateSupreme Court of Arkansas · 1994
  5. State v. MeadowsWest Virginia Supreme Court · 1881

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