Legal Opinion

State v. Vest

West Virginia Supreme Court

Decided June 30, 1883PublishedCited by 35 opinions

Writ of error to a judgment ot the circuit court of the county of Randolph, rendered on the 30th day of September, 1882, on an action against Charles Vest for felony in said court then pending, allowed upon the petition of said Vest. Hon. R. F. Fleming, judge of the sixth judicial circuit, rendered the judgment complained of.

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Writ of error to a judgment ot the circuit court of the county of Randolph, rendered on the 30th day of September, 1882, on an action against Charles Vest for felony in said court then pending, allowed upon the petition of said Vest. Hon. R. F. Fleming, judge of the sixth judicial circuit, rendered the judgment complained of. GREEN, Junes, furnishes the following statement of the case: On the 16th day of September, 1882, the grand jury of Randolph county presented an indictment against Charles Vest, which was endorsed “a true bill,” which endorsement ■was signed by the foreman of the grand…

1Judgment of the CourtGreen, Judge

There are so far as appears no errors in the proceedings in this case unless, the court below erred in refusing on the motion of the prisoner to allow him. to offer evidence to prove, that the word “feloniously” had been interlined in said indictment after the same had been returned by the grand jury and after the grand jury had been discharged, but prior to the prisoner’s pleading “not guilty.” The record on its face shows, that the word “feloniously” had been inserted by interlineation in the indictment; but of course it does not appear, whether this vras done before or after the grand jury *800…

2Cases cited4 opinions

  1. Abrahams v. SwannWest Virginia Supreme Court · 1881
  2. Carper v. M'DowellSupreme Court of Virginia · 1848
  3. Taliaferro v. PryorSupreme Court of Virginia · 1855
  4. Vaughn v. CommonwealthSupreme Court of Virginia · 1867

3Cited by35 opinions

  1. State Ex Rel. Vandal v. AdamsWest Virginia Supreme Court · 1960
  2. State v. McClungWest Virginia Supreme Court · 1891
  3. Wharton v. PeopleSupreme Court of Colorado · 1939
  4. State Ex Rel. Johnson v. McKenzieWest Virginia Supreme Court · 1976
  5. Powers v. TrentWest Virginia Supreme Court · 1946

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