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STATE v. EPPERLY

No. 10338.

65 S.E.2d 488 (1951)

STATE v. EPPERLY.

Supreme Court of Appeals of West Virginia.

Decided May 29, 1951.

Attorney(s) appearing for the Case

William C. Marland, Atty. Gen., Thaddeus K. Kauffelt, Sp. Asst. Atty. Gen., for plaintiff in error.

Daugherty & Daugherty, Huntington, for defendant in error.

HAYMOND, Judge.

The defendant, Gilbert Epperly, was tried and found guilty by a Justice of the Peace of Cabell County, on December 19, 1949, upon a warrant which charged that he wilfully neglected to provide for support and maintenance of his illegitimate child. Upon appeal to the circuit court the warrant was quashed and the case dismissed by final order entered September 11, 1950, on the ground that the warrant was issued upon the sworn complaint of a person who...

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