State v. Franklin

79 S.E.2d 692 (1953)

STATE

v.

FRANKLIN.

No. 10573.

Supreme Court of Appeals of West Virginia.

Submitted September 23, 1953.

Decided December 1, 1953.

Dissenting Opinion January 12, 1954.

Sam Lopinsky, Charleston, for plaintiff in error.

John G. Fox, Atty. Gen., Arden J. Curry, Asst. Atty. Gen., for defendant in error.

RILEY, Judge.

Paul LeRoy (Leroy) Franklin, hereinafter designated as "defendant", was indicted by the grand jury impaneled in the Intermediate Court of Kanawha County at the January term, 1952, of that court. The defendant, along with another, was charged with the rape of the prosecuting…