STATE v. BOUCHELLE

No. 10198.

61 S.E.2d 232 (1949)

STATE v. BOUCHELLE, Judge, et al.

Supreme Court of Appeals of West Virginia.

Decided October 1, 1949.

Opinion Filed August 3, 1950.

Dissenting Opinion September 25, 1950.


Attorney(s) appearing for the Case

Frank L. Taylor, Pros. Atty. of Kanawha County, W. Va., Herbert W. Bryan, Asst. Pros. Atty. for Kanawha County, W. Va., Charleston, for petitioner.

T. C. Townsend, Hillis Townsend, and Joseph Thomas, Charleston, for respondents.


FOX, Judge.

The narrow question presented in this proceeding is whether the Circuit Court of Kanawha County may, on oral motion for bail, grant such bail in circumstances where application for such bail had been made to, and refused by, the Intermediate Court of Kanawha County, a court possessing general criminal jurisdiction subject, however, to appeal by writ of error to the circuit court of said county, and which intermediate court had custody of the respondent...

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