State v. Riley, Nos. 13491

CourtSupreme Court of West Virginia
Writing for the CourtBERRY
Citation215 S.E.2d 460,158 W.Va. 823
PartiesSTATE of West Virginia v. Kenneth A. RILEY and STATE of West Virginia v. Donald W. CUSHWA.
Docket NumberNos. 13491,13494
Decision Date03 June 1975

Page 460

215 S.E.2d 460
158 W.Va. 823
STATE of West Virginia
v.
Kenneth A. RILEY
and
STATE of West Virginia
v.
Donald W. CUSHWA.
Nos. 13491, 13494.
Supreme Court of Appeals of West Virginia.
June 3, 1975.

Syllabus by the Court

1. 'Where a statute is plain and unambiguous, a court has a duty to apply and not to construe its provisions.' Point 2, syllabus, Eggleton v. State Workmen's Compensation Commissioner, 214 S.E.2d 864, decided by this Court May 20, 1975.

2. Penal statutes are strictly construed against the state and favorably for the defendant.

Robert M. Steptoe, Martinsburg, for plaintiff in error.

Page 461

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., E. Leslie Hoffman, III, Asst. Atty. Gen., Charleston, for defendant in error.

BERRY, Justice:

Appeals were filed in this Court by Kenneth A. Riley and Donald W. Cushwa, hereinafter referred to as appellants,[158 W.Va. 824] from separate judgments entered against them on March 26, 1974 in the Circuit Court of Berkeley County, wherein the Circuit Court found each of the appellants guilty of operating a motor carrier in West Virginia while the vehicle was not equipped with a West Virginia Public Service Commission identification card in the cab, in violation of Code, 24A--6--4, as amended. This Court granted appellant Riley's appeal on June 17, 1974 and on June 24, 1974 appellant Cushwa's appeal was granted. Subsequently, on September 5, 1974 the Court granted a joint motion for the consolidation of the cases by the parties. On April 29, 1975 the consolidated case was submitted for decision upon the briefs and oral arguments on behalf of the respective parties.

On November 10, 1973 the appellants, as employees of Spurgeon Trucking, Inc., were driving dump trucks owned by Spurgeon Trucking, Inc., a Maryland corporation which does business in West Virginia. The trucks the appellants were driving were stopped by an investigator for the Public Service Commission of West Virginia and the investigator asked the appellants to produce a uniform vehicle identification card required by Code, 24A--6--4, as amended. Neither of the appellants was able to produce the identification card and both drivers were subsequently arrested and taken before a justice of the peace whereupon they were found guilty of violating the statute. The appellants appealed their convictions to the Circuit Court of Berkeley County and each of them filed a motion to quash the warrants,...

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10 practice notes
  • State ex rel. Simpkins v. Harvey, No. 15769
    • United States
    • Supreme Court of West Virginia
    • 29 Junio 1983
    ...5, 245 S.E.2d 920 (1978), overruled on other grounds, State v. Myers, 171 W.Va. 277, 298 S.E.2d 813 (1982). See also State v. Riley, 158 W.Va. 823, 215 S.E.2d 460 (1975); State ex rel. Carson v. Wood, 154 W.Va. 397, 175 S.E.2d 482 9 A variety of sentencing alternatives are available under t......
  • State v. Scott, No. 30692.
    • United States
    • Supreme Court of West Virginia
    • 7 Mayo 2003
    ...penal statutes must be strictly construed against the State and in favor of the defendant."); Syllabus Point 2, State v. Riley, 158 W.Va. 823, 215 S.E.2d 460 (1975) ("Penal statutes are strictly construed against the state and favorably for the defendant."). "It is a gen......
  • State v. Ball, No. 14074
    • United States
    • Supreme Court of West Virginia
    • 1 Abril 1980
    ...of the statute. State v. Cole, W.Va., 238 S.E.2d 849 (1977). 7 State v. Cole, W.Va., 238 S.E.2d 849 (1977); State v. Riley, W.Va., 215 S.E.2d 460 (1975); Dials v. Blair, 144 W.Va. 764, 111 S.E.2d 17 (1959); State v. Pyles, 86 W.Va. 636, 104 S.E. 100 8 It is the general rule in our sister st......
  • Conley v. Dingess, No. 14204
    • United States
    • Supreme Court of West Virginia
    • 12 Diciembre 1978
    ...cases admonish that a criminal statute should be strictly construed. State v. Cole, W.Va., 238 S.E.2d 849 (1977); State v. Riley, W.Va., 215 S.E.2d 460 (1975); State ex rel. Carson v. Wood, 154 W.Va. 397, 175 S.E.2d 482 (1970); Dials v. Blair, 144 W.Va. 764, 111 S.E.2d 17 (1959); State v. P......
  • Request a trial to view additional results
10 cases
  • State ex rel. Simpkins v. Harvey, No. 15769
    • United States
    • Supreme Court of West Virginia
    • 29 Junio 1983
    ...5, 245 S.E.2d 920 (1978), overruled on other grounds, State v. Myers, 171 W.Va. 277, 298 S.E.2d 813 (1982). See also State v. Riley, 158 W.Va. 823, 215 S.E.2d 460 (1975); State ex rel. Carson v. Wood, 154 W.Va. 397, 175 S.E.2d 482 9 A variety of sentencing alternatives are available under t......
  • State v. Scott, No. 30692.
    • United States
    • Supreme Court of West Virginia
    • 7 Mayo 2003
    ...penal statutes must be strictly construed against the State and in favor of the defendant."); Syllabus Point 2, State v. Riley, 158 W.Va. 823, 215 S.E.2d 460 (1975) ("Penal statutes are strictly construed against the state and favorably for the defendant."). "It is a gen......
  • State v. Ball, No. 14074
    • United States
    • Supreme Court of West Virginia
    • 1 Abril 1980
    ...of the statute. State v. Cole, W.Va., 238 S.E.2d 849 (1977). 7 State v. Cole, W.Va., 238 S.E.2d 849 (1977); State v. Riley, W.Va., 215 S.E.2d 460 (1975); Dials v. Blair, 144 W.Va. 764, 111 S.E.2d 17 (1959); State v. Pyles, 86 W.Va. 636, 104 S.E. 100 8 It is the general rule in our sister st......
  • Conley v. Dingess, No. 14204
    • United States
    • Supreme Court of West Virginia
    • 12 Diciembre 1978
    ...cases admonish that a criminal statute should be strictly construed. State v. Cole, W.Va., 238 S.E.2d 849 (1977); State v. Riley, W.Va., 215 S.E.2d 460 (1975); State ex rel. Carson v. Wood, 154 W.Va. 397, 175 S.E.2d 482 (1970); Dials v. Blair, 144 W.Va. 764, 111 S.E.2d 17 (1959); State v. P......
  • Request a trial to view additional results

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