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STATE v. ARBOGAST

No. C. C. 760.

57 S.E.2d 715 (1950)

STATE v. ARBOGAST.

Supreme Court of Appeals of West Virginia.

Decided February 21, 1950.

Attorney(s) appearing for the Case

William C. Marland, Atty. Gen., Thomas J. Gillooly, Asst. Atty. Gen., George M. Kittle, Pros. Atty. of Barbour County, Philippi, for plaintiff.

Wm. T. George, Sr., Philippi, Wm. T. George, Jr., Philippi, for defendant.

GIVEN, Judge.

At the May, 1949, term of the Circuit Court of Barbour County the grand jury returned an indictment against the defendant Herbert Arbogast charging larceny of a dog "aged seven months, of the value of one hundred dollars ($100.00) of the goods and chattels of one Woodrow Flint,". The defendant filed a demurrer and motion to quash the indictment. The trial court overruled the demurrer and motion to quash and, upon joint application of the parties, certified...

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