Legal Opinion

State v. Newsom

West Virginia Supreme Court

Decided September 7, 1878PublishedCited by 12 opinions

The circuit court of Logan county, on the 25th clay of April, 1878, rendered judgment against James Newsom on an indictment against him for felony. This is a writ of error, granted on the petition of said Newsom to the judgment of said court then rendered. Hon. Evermont Ward, judge of the ninth judicial cir'cuit, rendered the judgment complained of. The facts of the case .sufficiently appear in the opinion of the Court. relied on the following authorities: 1 Bishop’s Crim.

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The circuit court of Logan county, on the 25th clay of April, 1878, rendered judgment against James Newsom on an indictment against him for felony. This is a writ of error, granted on the petition of said Newsom to the judgment of said court then rendered. Hon. Evermont Ward, judge of the ninth judicial cir'cuit, rendered the judgment complained of. The facts of the case .sufficiently appear in the opinion of the Court. relied on the following authorities: 1 Bishop’s Crim. Pro. (2d ed.) §1006 ; Id. §1016 ; 21 Pick. 509 ; Starkie’s Crim. PI. 392 ; 2 Hawk. Ch. p. 47, §9; 4 Burr. 2073; 4 W. Ya.…

1Opinion of the Court

Mooke, J udg-e,

delivered the opinion of the Court:

At a circuit court continued and held for Logan county, on the 13th day of October, 1876, the grand jury found an indictment against the defendant, consisting of the following two counts:

“That James Newsom, on the 1st day September, 1876, in the said county, with a certain pistol or revolver then and there loaded with gun powder and leaden balls, feloniously and with his malice aforethought, did shoot one Lewis Dempsey, Jr., with intent him the said Lewis Dempsey, Jr., then and there to maim, disfigure, disable and kill, against the peace and…

2Cases cited4 opinions

  1. Canada v. CommonwealthSupreme Court of Virginia · 1872
  2. Randall v. CommonwealthSupreme Court of Virginia · 1874
  3. Hoback v. CommonwealthSupreme Court of Virginia · 1877
  4. Sharff v. CommonwealthSupreme Court of Pennsylvania · 1810

3Cited by12 opinions

  1. State v. StaleyWest Virginia Supreme Court · 1899
  2. Jones v. CommonwealthSupreme Court of Virginia · 1946
  3. Ex parte BraceyWest Virginia Supreme Court · 1918
  4. Henderson v. StateSupreme Court of Georgia · 1901
  5. State v. HarrWest Virginia Supreme Court · 1893

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