State v. Douglass
West Virginia Supreme Court
'Writ of error to a judgment of the circuit court of the county of Grant rendered on the 3d day of October, 1877, in an action upon an indictment for murder in the said court then pending, wherein the State of West Virginia was plaintiif and William S. Douglass was defendant, allowed upon the petition of said Douglass. lion. .James D. Armstrong, judge of the twelfth judicial circuit rendered the judgment complained of.
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'Writ of error to a judgment of the circuit court of the county of Grant rendered on the 3d day of October, 1877, in an action upon an indictment for murder in the said court then pending, wherein the State of West Virginia was plaintiif and William S. Douglass was defendant, allowed upon the petition of said Douglass. lion. .James D. Armstrong, judge of the twelfth judicial circuit rendered the judgment complained of. Green, Judge, furnishes the following statement of the ease. ¥m. S. Douglass, was on June 5, 1877, indicted in tbe circuit court of Grant county, for the murder of David Hiser,…
1Judgment of the CourtGeben, Judge
The record in this case shows, that the defendant "William S. Douglass, now put in a plea to the indictment, and the jury tried the case and rendered a verdict, when no issue had ever been made. The Attorney-General admits very properly, that this is a fatal error and that court could not, on such a verdict, render any judgment. The judgment rendered must therefore be set aside, reversed and annulled, and the verdict set aside, and the case remanded to the circuit court of Grant, to be further proceeded with.
It is well settled, that if a verdict has been rendered without any issue being…
2Cases cited19 opinions
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