State v. Humphreys

Haymond, Judge:

The defendant, 0. E. Humphreys, having been jointly indicted with Okey Keenan for the crime of feloniously and burglariously breaking and entering the dwelling house of Mr. and Mrs. Isaac Wilmoth, in the daytime on February 21, 1944, in Nicholas County, West Virginia, was tried, convicted and sentenced to imprisonment in the penitentiary. To review the judgment of the trial court, a writ of error was granted by this Court.

Upon arraignment, and prior to the trial of the defendant, Keenan pleaded guilty to the offense charged in the indictment. At the trial of the defendant,…