State v. Livesay

LoviNS, PRESIDENT,

dissenting:

I respectfully dissent from the reasoning and result set forth in the majority opinion.

The primary principle of determining the sufficiency of an indictment is established by our Constitution. The indictment must be so drawn that “* * * the accused shall be fully and plainly informed of the character and cause of the accusation, * * -Constitution of West Virginia, Article III, Section 14. It follows that when the requirement of the constitutional provision is met, the allegations in the indictment sufficiently describe the offense charged so that the person…