State v. Cowger

• Decision Date: 14 January 1919
• Docket Number: (C. C. No. 72.)
• Citation: 98 S.E. 71
• Court: West Virginia Supreme Court
• Parties: STATE . v. COWGER.

98 S.E. 71

STATE .

v.COWGER.

(C. C. No. 72.)

Supreme Court of Appeals of West Virginia.

Jan. 14, 1919.

(Syllabus by the Court.)

Certified questions from Circuit Court, Webster County.

Hyson H. Cowger was arrested on a peace warrant issued by a justice of the peace and required to give bond to keep the peace, and after giving the bond, he appealed to the circuit court, and moved to quash the warrant. Motion overruled and validity of warrant certified. Order overruling the motion to quash reversed and cause remanded.

J. M. Hoover and W. S. Wysong, both of Webster Springs, for the State.

W. T. Talbott, of Webster Springs, for defendant.

WILLIAMS, J. Defendant was arrested on a peace warrant issued by a justice of the peace and required to give bond to keep the peace for a period of six months from the 9th of July, 1918. He gave the bond, and appealed to the circuit court, and then moved to quash the warrant on the ground that it failed to show any facts or circumstances from which the justice could determine that defendant intended to commit an offense. The court overruled his motion, and certified the question of the validity of the warrant to this court for its determination.

The warrant sets forth the following complaint made before the justice:

"Whereas, S. S. Degarmo has this day made complaint and information on oath before me, H. F. Hines, a justice of said county, that there is good cause to fear that Hyson H. Cowger, within the county and state aforesaid, intends to commit an offense against the person and property of another, to wit, the person and property of S. S. Degarmo and against the person and property of Ina P. Degarmo."

Then follows the warrant, commanding that the defendant be arrested and brought before the justice to answer the complaint.

This proceeding is had under chapter 153 of the Code of West Virginia, designed for the prevention of crime. Section 2 of that chapter (sec. 5493) reads as follows:

"If complaint be made to any justice, that there is good cause to fear that a person intends to commit an offense against the person or property of another, he shall examine on oath the complainant and any witnesses who may be produced, reduce the complaint to writing and cause it to be signed by the complainant."

Although the statute does not prescribe any form for such complaint, it should, nevertheless, state sufficient facts or circumstances to enable the justice to determine whether or not complainant had any reason to fear that some particular offense is about to be committed; it is not enough to say that he fears an "offense" will be committed. That is a mere conclusion. The facts and circumstances on which his apprehension is based should be stated in order that the justice may see whether or not the fear is justified, and whether or not the design of the defendant, if carried into execution, would constitute an offense in law. It is the common right of every one, against whom...