State v. Charlton
West Virginia Supreme Court
Similar indictments were found in the county court of Marshall county, one against Absalom Charlton, the other against William Allum; the defendants were respectively found guilty by juries empannelled to try the respective cases, and judgments were entered up upon the verdicts. Writs of error were allowed to the circuit court oí that county, and the judgments were respectively affirmed by that court. Hon. T. Melvin presiding.
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Similar indictments were found in the county court of Marshall county, one against Absalom Charlton, the other against William Allum; the defendants were respectively found guilty by juries empannelled to try the respective cases, and judgments were entered up upon the verdicts. Writs of error were allowed to the circuit court oí that county, and the judgments were respectively affirmed by that court. Hon. T. Melvin presiding. Thereupon the defendants respectively obtained writs of error to this Court. Green, President, furnishes the following statement of the cases: Absalom Charlton was…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The question for consideration in these cases is: Should the court on the demurrers to the indictments *334.severally have sustained the indictments as sufficient ? “The indictment in charging the offense uses the language of the statute, see chapter 99, section 1 of Acts of 1872-3, p. 253. In indictments it is generally proper and sufficient to describe the offense in the very terms used by the statute for the purpose. Young’s Case, 15 Gratt. 666; Burner’s Case, 13 Gratt. 778. To this general rule there arc exceptions. Thus in some cases it is…
2Cases cited4 opinions
- Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1811
- Commonwealth v. YoungSupreme Court of Virginia · 1860
- Cunningham v. StateWest Virginia Supreme Court · 1871
- Burner v. CommonwealthSupreme Court of Virginia · 1856
3Cited by11 opinions
- State v. LoyWest Virginia Supreme Court · 1961
- State v. DawsonWest Virginia Supreme Court · 1936
- State v. TaylorWest Virginia Supreme Court · 1986
- State v. KellerWest Virginia Supreme Court · 1937
- State v. StollingsWest Virginia Supreme Court · 1946
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