Legal Opinion

State ex rel. Wright v. Bennett

West Virginia Supreme Court

Decided March 7, 1922PublishedCited by 6 opinions

Error to Circuit Court, Mercer County. Proceeding by the state on the relation of Amelia Wright, against Oscar L. Bennett for the nonsupport of an illegitimate child and being denied a jury trial, on question of paternity of the child, the defendant brings error.

1Opinion of the Court

Poffenbarger, President:

On complaint filed and warrant issued under the provisions of secs. 16c (1) to- 16c (8), inclusive of ch. 144 of Barnes’ Code of 1918, commonly known as the nonsupport statute, the plaintiff in error was arrested, prosecuted and convicted of the paternity of an illegitimate child. On his arraignment in the-Circuit Court of Mercer County, he demurred to the complaint and warrant and moved to quash them, and later, the motion having been overruled, he entered a plea of not guilty on which issue was joined. Thereafter, a continuance having been refused, he demanded a…

2Cases cited3 opinions

  1. First National Bank of Webster Springs v. de BerrizWest Virginia Supreme Court · 1921
  2. Fisher v. SommervilleWest Virginia Supreme Court · 1919
  3. State v. HarrisWest Virginia Supreme Court · 1921

3Cited by6 opinions

  1. State v. ReedWest Virginia Supreme Court · 1929
  2. State Ex Rel. Graves v. DaughertyWest Virginia Supreme Court · 1980
  3. Holmes v. CleggWest Virginia Supreme Court · 1948
  4. State v. ScarbroughWest Virginia Supreme Court · 1929
  5. State v. JacksonWest Virginia Supreme Court · 1960

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