State v. Graham
| Citation | 69 S.E. 1010,68 W.Va. 248 |
| Court | Supreme Court of West Virginia |
| Decision Date | 22 November 1910 |
| Parties | STATE v. GRAHAM. |
STATE
v.
GRAHAM.
Supreme Court of Appeals of West Virginia.
Nov. 22, 1910.
[69 S.E. 1010]
Rehearing Denied Jan. 12, 1911.
1. Criminal Daw (§ 1212*)—Constitutional Law—Habitual Criminals.
The provisions of Code 1906, c. 165. §§ 1 to 5 inclusive, pursuant to which, by an information in the circuit court of the county in which the penitentiary is situated, there may be imposed the additional sentence provided by law upon a convict who once or twice before has been convicted and sentenced to a penitentiary, are not violative of any constitutional guaranty.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. § 3303; Dec. Dig. § 1212.*]
2. Criminal Law (§ 163*)—Indictment and Information (§ 1*) — Necessity — Former Jeopardy.
By proceedings under the statute mentioned, the convict is not held to answer for a crime so as to require presentment or indictment of a grand jury, nor is he thereby twice put in jeopardy for an offense.
[Ed. Note.—For other cases, see Criminal Law, Dec. Dig. § 163: * Indictment and Information, Dec. Dig. § 1, *]
Error to Circuit Court, Marshall County.
John H. Graham was prosecuted under Code 1906, c. 165, and on conviction brings error. Affirmed.
Everett F. Moore and D. B. Evans, for plaintiff in error.
Wm. G. Conley, Atty. Gen., for the State.
ROBINSON, P. John H. Graham, alias John H. Ratliff, alias J. H. Gray, for the third time a convict in the penitentiary at Moundsville, was proceeded against by information in the circuit court of Marshall county pursuant to the provisions of Code 1906, c. 165, §§ 1 to 5 inclusive. For clear understanding it seems necessary to recite this statute:
"1. All criminal proceedings against convicts in the penitentiary shall be in the circuit court of the county of Marshall.
"2. When a prisoner convicted of an offense, and sentenced to confinement therefor in the penitentiary, is received therein, if he was before sentenced to a like punishment, and the record of his conviction does not show that he has been sentenced under the twenty-third or twenty-fourth section of chapter one hundred and fifty-two, the superintendent of the penitentiary shall give information thereof, without delay, to the said circuit court of the county of Marshall, whether it be alleged or not in the indictment on which he was so convicted, that he had been before sentenced to a like punishment.
"3. The said court shall cause the convict to be brought before it, and upon an information filed, setting forth the several records of conviction, and alleging the identity of the prisoner with the person named in each, shall require the convict named to say whether he is the same person or not.
"4. If he say he is not, or remain silent, his plea, or the fact of his...
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