State v. Sanney

Lively, Judge.:

A demurrer and motion to quash the indictment having been sustained, the State prosecutes this writ of error under Sec. 31, Chap. 135 of the Code.

The indictment returned on October 13, 1921, in the circuit court of Wetzel County, reads: “The Grand Jurors of the State of West Virginia, in and for the body of the County of Wetzel, and now attending said court, upon their oaths present that James Sanney, on the.day of July, 1921, in said County of Wetzel, upon Prances Butcher, then and there being, unlawfully did make an assault, and her, the said Prances Butcher, did then and…