Legal Opinion

Buskirk v. Judge of Circuit Court

West Virginia Supreme Court

Decided August 22, 1873PublishedCited by 35 opinions

This was an application to the Supreme Court of Appeals, by Urias Buskirlc, for a writ of prohibition against the Hon. Evermont Ward, Judge of the circuit court of Cabell county, to prohibit and restrain him from further proceeding to try said Buskirlc, upon an indictment which had been found against him, for the murder of one Morgan.

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This was an application to the Supreme Court of Appeals, by Urias Buskirlc, for a writ of prohibition against the Hon. Evermont Ward, Judge of the circuit court of Cabell county, to prohibit and restrain him from further proceeding to try said Buskirlc, upon an indictment which had been found against him, for the murder of one Morgan. The indictment was returned by the grand jury of Logan county,'and, on motion of the respondent, and with the assent of the attorney prosecuting for the State, removed for trial to the circuit court of Cabell county. The grounds of the application were, that, at…

1Opinion of the Court

Haymond,. President:. The petitioner Buskirk was indicted by the grand jury of the county of Logan, on the 12th day of July, 1870, for the murder of one Peter D. Morgan, in said county, on the 27th day of May, 1870. It appears from the return of Judge Ward that Buskirk was- arrested, upon a warrant issued by a justice, on the 28th day of May, 1870, and committed to jail in said county upon the charge of murder, for which he was so indicted; that Buskirk escaped from jail and remained out of reach of process until a short time prior to the 7th day of October, 1872; that on the 11th day of…

2Cited by35 opinions

  1. State ex rel. City of Huntington v. LombardoWest Virginia Supreme Court · 1965
  2. Yates v. Taylor County CourtWest Virginia Supreme Court · 1900
  3. Walcott v. WellsNevada Supreme Court · 1890
  4. County Court v. BoremanWest Virginia Supreme Court · 1890
  5. Fleming v. CommissionersWest Virginia Supreme Court · 1888

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