Legal Opinion

State v. Miller

West Virginia Supreme Court

Decided September 20, 1921PublishedCited by 10 opinions

Case certified from Circuit Court, Roane County. Holl Miller was indicted for violation of the prohibition .law. The demurrer to the indictment was overruled, and the case certified.

1Opinion of the Court

Ritz, President:

Defendant was indicted in the circuit court of Roane county upon the charge that he did unlawfully sell, give, offer, expose, keep and store for sale and gift, liquors. A demurrer to the indictment was overruled, and the questions arising thereon certified to this court.

The indictment is in the form prescribed by section three of chapter 108 of the Acts of 1919. The ground of the demurrér is that the indictment does not necessarily charge an offense, for the reason that the word “liquors” which the defendant is charged with having dealt in, is too uncertain to make him guilty…

2Cases cited4 opinions

  1. State v. CalhounWest Virginia Supreme Court · 1910
  2. State v. JarrellWest Virginia Supreme Court · 1915
  3. State v. DennisonWest Virginia Supreme Court · 1919
  4. State v. DurrWest Virginia Supreme Court · 1911

3Cited by10 opinions

  1. Pyles v. BolesWest Virginia Supreme Court · 1964
  2. State v. CountsWest Virginia Supreme Court · 1922
  3. State v. MastersWest Virginia Supreme Court · 1928
  4. State v. HaskinsWest Virginia Supreme Court · 1923
  5. State v. HowardWest Virginia Supreme Court · 1952

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