Report of Cases Determined by the Supreme Court of Appeals of West Virginia from (Volume 49) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902. Excerpt: ... disqualified to hold the office, or that the same had been forfeited or vacated." This provision is very broad and renders any judgment of anv person acting in good faith in color of office without objection valid and binding. It is for the protection of the public and the due and proper administration of justice and to prevent slight and captious objections from interfering therewith after an otherwise fair hearing and trial of any matter has been had. It is, however, unnecessary to invoke this provision in this case for the reason in that so far as the record discloses E. M. Keatley was duly and properly elected special judge. The objection that the prisoner was not present on the 23d day of February, 1901, when a motion was made in his behalf before the regular judge to set aside the verdict, is wholly untenable as such judge had no jurisdiction to entertain or consider such a motion. The record shows that the special judge took the oath required by law. The word law includes both the Constitution and the statute. The judgment is affirmed. Affirmed. CHARLES TOWN. State V. Mooney And Friday. Decided September 7, 1901. 1. Indictment For Felony--Preliminary Examination. Where an indictment for felony is found, the accused is not entitled to a preliminary examination before a justice before trial, (p. 713). 2. Former Decisions Approved. The syllabi in State v. Shaum, 40 W. Va, 1, Landers v. Railroad Company, 46 W. Va, 492, and State v. Allen, 45 W. Va. 74, as to remarks of counsel to a jury, are re-affirmed. Error to Circuit Court, Ohio County. John Mooney and Frank Friday were convicted of murder, and bring error. Affirmed. W. W. Arnett, for plaintiffs in error R. H. Freer, Atty. Gen., Alex Dulin and John A. HowArd, for the State. Brannon, President: The ...