State v. Furner
| Decision Date | 27 June 1978 |
| Docket Number | No. 13816,13816 |
| Citation | 161 W.Va. 680,245 S.E.2d 618 |
| Court | West Virginia Supreme Court |
| Parties | STATE of West Virginia v. Harold Guy FURNER. |
Syllabus by the Court
1. An indictment is sufficient when it clearly states the nature and cause of the accusation against a defendant, enabling him to prepare his defense and plead his conviction as a bar to later prosecution for the same offense.
2. If an accused person is plainly and fully informed in an indictment of the character and cause of the accusation against him, transposition of his name with that of his victim in the videlicet clause of the indictment is not a fatal defect.
Douglas A. Cornelius, Clarksburg, for plaintiff in error.
Joseph P. Henry, Asst. Atty. Gen., Chauncey H. Browning, Jr., Atty. Gen., Charleston, for defendant in error.
The following indictment was returned against defendant Harold Guy Furner by the Harrison County Grand Jury:
"The Grand Jurors of the State of West Virginia, in and for the body of the County of Harrison, and now attending the said Circuit Court, upon their oaths present that Harold Guy Furner, on the day of October, 1975, in the said County of Harrison, feloniously, maliciously and unlawfully in and upon one Fray Queen, Jr., an assault did make with a dangerous and deadly weapon, to-wit, hands, fists and feet, and him, the said Fray Queen, Jr., did then and there strike, beat and batter, cut and wound, with intent him, the said Fray Queen, Jr., to maim, disfigure, disable and kill; against the peace and dignity of the State."
Defense counsel's motion at trial for a directed verdict on the malicious wounding and unlawful wounding charges was granted and defendant was tried and convicted by a jury of assault and battery. He was given a $100 fine and sentenced to nine months in the Harrison County Jail.
Prior to entry of his not guilty plea, defendant moved to quash the indictment on the grounds that it averred that the victim, Fray Queen, Jr., rather than the defendant, did "strike, beat and batter, cut and wound" Fray Queen, Jr.; and that the omission of defendant's name from the charging part of the indictment was an incurable defect.
The motion was denied. Then, prior to sentencing counsel unsuccessfully moved in arrest of judgment that the indictment be quashed. The sole issue here is the indictment's sufficiency.
The general rule is that to be sufficient an indictment must fully and plainly inform the accused of the character and cause of the accusation, and a valid indictment is a condition precedent to a conviction for a felony. See W.Va.Constitution, art. 3, § 14 and State v. La Manca, 142 W.Va. 549, 96 S.E.2d 667 (1957); State v. McGraw, 140 W.Va. 547, 85 S.E.2d 849 (1955); State v. Johnson, 134 W.Va. 357, 59 S.E.2d 485 (1950). The purpose of this rule is to protect the defendant from another prosecution for the same offense and to enable him to properly prepare his defense. State v. La Manca, supra; State v. Ash, 139 W.Va. 374, 80 S.E.2d 339 (1954).
There is no allegation in this case that Furner was not plainly informed of the charges against him. He alleges instead that the indictment failed to charge him with a crime because the victim's name was inserted in the charging part of the indictment. The defense relied on State ex rel. McCormick v. Hall, 150 W.Va. 385, 146 S.E.2d 520 (1966). In McCormick, the Court held the following indictment invalid because it failed to charge the defendant with any crime:
"The Grand Jurors of the State of West Virginia, in and for the body of the County of Lincoln, and now attending said Court, upon their oaths...
To continue reading
Request your trial
-
State v. Lewis
...S.E.2d 497 (1970); State ex rel. McCormick v. Hall, 150 W.Va. 385, 146 S.E.2d 520 (1966), overruled on other grounds, State v. Furner, 161 W.Va. 680, 245 S.E.2d 618 (1978); Workman v. Shaffer, 112 W.Va. 338, 164 S.E. 299 (1932). In these cases, we held that when the indictment fails to char......
-
State v. George W.H.
...him to prepare his defense and plead his conviction as a bar to later prosecution for the same offense.' Syllabus Point 1, State v. Furner, 161 W.Va. 680, 245 S.E.2d 618 (1978)." Syllabus Point 1, State v. Childers, 187 W.Va. 54, 415 S.E.2d 460 (1992). 9. " 'An indictment for a statutory of......
-
Lewis v. Ames
...fully and plainly informs him of the character and cause of the accusation. W. Va. Constitution, art. 3, § 4 and § 14 [;] State v. Furner , , 245 S.E.2d 618, 619 (1978) ; Hubbard v. Spillers , 157 W. Va. 522, 202 S.E.2d 180 (1974) ; State v. La Manca , 142 W. Va. 549, 96 S.E.2d 667 (1957) ;......
-
State v. Childers
...him to prepare his defense and plead his conviction as a bar to later prosecution for the same offense." Syllabus Point 1, State v. Furner, 161 W.Va. 680, 245 S.E.2d 618 (1978). 2. "An indictment for a statutory offense is sufficient if, in charging the offense, it substantially follows the......