State v. Hertzog

Miller, Judge:

The plaintiff in error, Grant P. Hertzog, was indicted by the Grand Jury of the Circuit Court of Taylor County, at a term of said court, held on the 13th day of April, 1903, for the murder of John Russell. The indictment is in the form prescribed by section 2 of chapter 144 of the Code, and is sufficient on demurrer. State v. Douglass, 41 W. Va. 537; State v. Dodds, 46 S. E. 228. At the same term the defendant demurred to the indictment, and the demurrer was overruled. A jury was then empaneled; a trial of the defendant was had, and a verdict of guilty of murder in the first…