Smith v. Winters

Berry Judge:

Carol Ann Smith, age 14, was indicted by the grand jury of the Common Pleas Court of Cabell County, West Virginia, at the February, 1961, term for the murder of her father. The case was set for trial in the Common Pleas Court on March 20,1961, at which time the prosecuting attorney of Cabell County announced to the court that he would not seek a conviction of murder in the first degree, and would not ask for the death penalty. Counsel for the defendant then moved that the case be remanded or transferred to the Juvenile Court of Cabell County, West Virginia, on the grounds that by…