STATE v. SCHOONOVER

No. 12128.

124 S.E.2d 340 (1962)

STATE of West Virginia v. Orvil Q. SCHOONOVER.

Supreme Court of Appeals of West Virginia.

Decided March 13, 1962.


Attorney(s) appearing for the Case

George S. Sharp, Kay, Casto & Chaney, Charleston, for plaintiff in error.

C. Donald Robertson, Atty. Gen., Simon M. Bailey, Asst. Atty. Gen., for defendant in error.


GIVEN, Judge.

Defendant, Orvil Q. Schoonover, was convicted of false swearing by a jury, in the Intermediate Court of Kanawha County, and a sentence of twelve months in the Kanawha County jail was imposed. The Circuit Court of Kanawha County, though expressing some doubt as to the validity of the sentence, the doubt being as to a controlling question of law, refused a writ of error.

The indictment on which defendant was convicted charged that the defendant...

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