State v. Thompson
West Virginia Supreme Court
The facts of tho case appear in the opinion of the Court. The indictment in this case sought to punish a violation of sec. 1, ch. 32 of the Code as amended by the Acts of 1877, according to the provisions of ch. 22, Acts of 1879, and is good, whether considered as an indictment under sec. l,ch. 32 as amended or under the Acts of 1879, the plain meaning of which, too plain for different construction, was recited in the first instruction.
Read the full summary
The facts of tho case appear in the opinion of the Court. The indictment in this case sought to punish a violation of sec. 1, ch. 32 of the Code as amended by the Acts of 1877, according to the provisions of ch. 22, Acts of 1879, and is good, whether considered as an indictment under sec. l,ch. 32 as amended or under the Acts of 1879, the plain meaning of which, too plain for different construction, was recited in the first instruction. Any other construction would nullify the act. The instructions embodied in the second bill of exceptions seem also perfectly proper and, it is submitted,…
1Opinion of the Court
Johnson, Presiden:
In September, 1881, the defendant was indicted for selling spirituous liquors, &c., without license. The indictment charged the selling on the - day of -, 1881, and the place of sale, “ On the Ohio river, at a point opposite Burns’ landing in the county aforesaid.”
The defendant demurred to the indictment, in which the State joined and the matters of law arising on the demurrer being argued, the court took time to consider the same.
The defendant moved also to quash the indictment, because it did not conform to the record of the finding thereof. The indictment, was against…
2Cases cited1 opinion
- Fawcett v. Railway Co.West Virginia Supreme Court · 1884
3Cited by14 opinions
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Dimmey v. Wheeling & E. G. RailroadWest Virginia Supreme Court · 1885
- State v. GargilianaWest Virginia Supreme Court · 1953
- Stewart v. Ohio River R'dWest Virginia Supreme Court · 1893
- Gilmer v. SydenstrickerWest Virginia Supreme Court · 1896
9 more not listed; retrieve them via the Exa API.