STATE v. FRANKLIN

No. 10573.

79 S.E.2d 692 (1953)

STATE v. FRANKLIN.

Supreme Court of Appeals of West Virginia.

Decided December 1, 1953.

Dissenting Opinion January 12, 1954.


Attorney(s) appearing for the Case

Sam Lopinsky, Charleston, for plaintiff in error.

John G. Fox, Atty. Gen., Arden J. Curry, Asst. Atty. Gen., for defendant in error.


RILEY, Judge.

Paul LeRoy (Leroy) Franklin, hereinafter designated as "defendant", was indicted by the grand jury impaneled in the Intermediate Court of Kanawha County at the January term, 1952, of that court. The defendant, along with another, was charged with the rape of the prosecuting witness. The indictment was a joint indictment against the defendant and another person, and charged them with forcibly ravishing and carnally...

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