State v. Nichols, No. 17048
| Court | Supreme Court of West Virginia |
| Writing for the Court | NEELY |
| Citation | 354 S.E.2d 415,177 W.Va. 483 |
| Docket Number | No. 17048 |
| Decision Date | 25 February 1987 |
| Parties | STATE of West Virginia v. Laddie Dean NICHOLS. |
Page 415
v.
Laddie Dean NICHOLS.
West Virginia.
1. To sustain a conviction under W.Va.Code, 61-4-5 [1961], the prosecution must prove four elements: (1) the writing uttered was forged; (2) the accused uttered or attempted to employ as true the forged writing; (3) the accused knew the writing to be forged; and (4) the writing itself was of such a nature as to prejudice the legal rights of another.
2. "In a criminal prosecution, the State is required to prove beyond a reasonable doubt every material element of the crime with which the defendant is charged." Syl. Pt. 4, in part, State v. Pendry, 159 W.Va. 738, 227 S.E.2d 210 (1976), overruled, in part, on other grounds, Jones v. Warden, West Virginia Penitentiary, 161 W.Va. 168, 241 S.E.2d 914 (1978).
3. "Penal statutes must be strictly construed against the State and in favor of
Page 416
[177 W.Va. 484] the defendant." Syl. Pt. 3, State ex rel. Carson v. Wood, 154 W.Va. 397, 175 S.E.2d 482 (1970).James W. Keenan, Keenan, Gallagher & Keenan, Fayetteville, for appellant.
Mary Rich Maloy, Asst. Atty. Gen., Charleston, for appellee.
NEELY, Justice:
Laddie Dean Nichols was convicted in the Circuit Court of Fayette County of uttering a forged writing, videlicet, a prescription, in violation of W.Va.Code, 61-4-5 [1961]. Mr. Nichols and an accomplice, Charles David Neal, were arrested in Oak Hill on 13 October 1983. The case was tried before a jury, and at the conclusion of the State's case the appellant unsuccessfully moved for a judgment of acquittal.
The appellant's principal contention on appeal is that the prosecution did not prove every material element of the offense. To sustain a conviction under W.Va.Code, 61-4-5 [1961], the prosecution must prove four elements: (1) the writing uttered was forged; (2) the accused uttered or attempted to employ as true the forged writing; (3) the accused knew the writing to be forged; and (4) the writing itself was of such a nature as to prejudice the legal rights of another. State v. Talip, 90 W.Va. 632, 111 S.E. 601 (1922); State v. Lotono, 62 W.Va. 310, 58 S.E. 621 (1907); State v. Viquesney, 103 W.Va. 392, 137 S.E. 538 (1927). The appellant contends that the prosecution failed to prove that the writing prejudiced the legal rights of another. 1
The State argues that the person prejudiced by the actions of the appellant...
To continue reading
Request your trial
-
State v. Hanna, No. 17238
...crime charged beyond a reasonable doubt." Syllabus Point 3, State v. Knight, 168 W.Va. 615, 285 S.E.2d 401 (1981). See State v. Nichols, 177 W.Va. 483, 354 S.E.2d 415 (1987); State v. Wade, 174 W.Va. 381, 327 S.E.2d 142 (1985); State v. Pendry, 159 W.Va. 738, 227 S.E.2d 210 (1976), overrule......
-
State v. Choat, No. 17539
...W.Va. 397, 175 S.E.2d 482 (1970); see also State v. Cain, 178 W.Va. 353, 357, 359 S.E.2d 581, 585 (1987); syl. pt. 3, State v. Nichols, 177 W.Va. 483, 354 S.E.2d 415 (1987); syl. pt. 1, State v. Turley, 177 W.Va. 69, 350 S.E.2d 696 (1986). This Court elaborated on this point in Myers v. Mur......
-
State v. England, No. 18009
...result also obtains from our traditional rule that penal statutes must be strictly construed against the State. E.g., State v. Nichols, 177 W.Va. 483, 354 S.E.2d 415 (1987); State v. Turley, 177 W.Va. 69, 350 S.E.2d 696 (1986); State v. Carper, 176 W.Va. 309, 342 S.E.2d 277 It is apparent t......
-
State v. Cain, No. 17024
...482 (1970). Accord syl. pt. 2, State v. Brumfield, --- W.Va. ----, 358 S.E.2d 801 (1987); syl. pt. 3, State v. Nichols, --- W.Va. ----, 354 S.E.2d 415 (1987); syl. pt. 1, State v. Turley, --- W.Va. ----, 350 S.E.2d 696 (1986). Moreover, being in derogation of the common law, W.Va.Code, 61-1......
-
State v. Hanna, No. 17238
...crime charged beyond a reasonable doubt." Syllabus Point 3, State v. Knight, 168 W.Va. 615, 285 S.E.2d 401 (1981). See State v. Nichols, 177 W.Va. 483, 354 S.E.2d 415 (1987); State v. Wade, 174 W.Va. 381, 327 S.E.2d 142 (1985); State v. Pendry, 159 W.Va. 738, 227 S.E.2d 210 (1976), overrule......
-
State v. Choat, No. 17539
...W.Va. 397, 175 S.E.2d 482 (1970); see also State v. Cain, 178 W.Va. 353, 357, 359 S.E.2d 581, 585 (1987); syl. pt. 3, State v. Nichols, 177 W.Va. 483, 354 S.E.2d 415 (1987); syl. pt. 1, State v. Turley, 177 W.Va. 69, 350 S.E.2d 696 (1986). This Court elaborated on this point in Myers v. Mur......
-
State v. England, No. 18009
...result also obtains from our traditional rule that penal statutes must be strictly construed against the State. E.g., State v. Nichols, 177 W.Va. 483, 354 S.E.2d 415 (1987); State v. Turley, 177 W.Va. 69, 350 S.E.2d 696 (1986); State v. Carper, 176 W.Va. 309, 342 S.E.2d 277 It is apparent t......
-
State v. Cain, No. 17024
...482 (1970). Accord syl. pt. 2, State v. Brumfield, --- W.Va. ----, 358 S.E.2d 801 (1987); syl. pt. 3, State v. Nichols, --- W.Va. ----, 354 S.E.2d 415 (1987); syl. pt. 1, State v. Turley, --- W.Va. ----, 350 S.E.2d 696 (1986). Moreover, being in derogation of the common law, W.Va.Code, 61-1......