Legal Opinion · Dissent

State Ex Rel. Carson v. Wood

West Virginia Supreme Court

Decided July 17, 1970No. 12935, 12936Published

1DissentCalhoun, Judge

Respectfully, I dissent from the Court’s decision embodied in the majority opinion in these two combined cases.

I am not endeavoring to be dramatic when I state that the Court in these cases, with all their grave implications, should be mindful and heedful of the wise admonition contained in Section 20, Article III, of the Constitution of West Virginia which contains the following language: “Free government and the blessings of liberty can be preserved to any people only by a firm adherence to justice, * * * and by a frequent recurrence to fundamental principles.” In my opinion, the Court has…

2Cases cited20 opinions

  1. United States v. HartwellSupreme Court of the United States · 1868
  2. Dunbar v. Brazoria CountyCourt of Appeals of Texas · 1949
  3. McConiha v. GuthrieWest Virginia Supreme Court · 1882
  4. Martin v. SmithWisconsin Supreme Court · 1941
  5. State Ex Rel. Heck's, Inc. v. GatesWest Virginia Supreme Court · 1965

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