State v. Siers, (No. 5379.)

CourtSupreme Court of West Virginia
Writing for the CourtHATCHER
Citation136 S.E. 503
PartiesSTATE . v. SIERS.
Docket Number(No. 5379.)
Decision Date18 January 1927

136 S.E. 503

STATE .
v.
SIERS.

(No. 5379.)

Supreme Court of Appeals of West Virginia.

Jan. 18, 1927.


(Syllabus by the Court.)

Error to Circuit Court, Harrison County.

John S. Siers was convicted of assault, and he brings error. Judgment reversed, verdict set aside, and a new trial awarded.

A. F. McCue, of Fairmont, Powell & Clifford and Sperry & Sperry, all of Clarksburg, and Glenn F. Williams, of Ft. Pierce, Fla., for plaintiff in error.

Howard B. Lee, Atty. Gen., and R. A. Blessing, Asst. Atty. Gen., for the State.

HATCHER, P. John S. Siers was found guilty in the criminal court of Harrison county of an assault on Harry Lyons. The judgment of the court is attacked on the following theories:

(1) The trial court erred in refusing to grant a change of venue upon the uncontradicted statements contained in the petition therefor and its 12 exhibits.

(2) The court erred in refusing to exclude four members of the jury in this case because of their interest in the case.

(3) The court erred in refusing to give instruction No. 3, offered by the defendant, submitting to the jury the defense of self-defense.

1. The petition for a change of venue alleges that there is a large and influential organization in Harrison county, known as the Knights of the Ku Klux Klan, numbering about 4, 500 members; that this organization contains an auxiliary affiliation, known as the Ladies of the Knights of the Ku Klux Klan, numbering more than 1, 000 members; that for a considerable time enmity has existed between the petitioner and the Klan; that the Klan had made many threats against the person of the petitioner; that through its officers and agents the Klan had expressed its intention to prosecute petitioner for various offenses alleged to have been committed by him; that the Klan had caused eight different warrants to be sworn out against petitioner; that the Klan publishes a newspaper, the Fiery Cross, in numerous editions of which a large part of the front page had been taken up by inflammatory headlines against petitioner; that the articles against him appearing in that paper were of a highly slanderous nature, and totally misrepresented and distorted the facts in connection with the alleged assault on Lyons; that the Fiery Cross is sold at most of the news stands in Clarksburg and other towns in Harrison county, and is also vended on its publication day on the streets of Clarksburg, Shinnston, Wallace, Salem, Wolfe Summit, Bridgeport, and other, towns in Harrison county; that through such sales, and the activities of the Klan members, the Fiery...

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30 practice notes
  • Michael on Behalf of Estate of Michael v. Sabado, No. 22032
    • United States
    • Supreme Court of West Virginia
    • December 21, 1994
    ...free from the suspicion of prejudice. State v. West, 157 W.Va. 209, 219, 200 S.E.2d 859, 865-66 (1973); State v. Siers, 103 W.Va. 30, 33, 136 S.E. 503, 504 12 The defendant argues there was sufficient voir dire. In fact, the trial judge granted a total of 28 of the plaintiff's proposed voir......
  • State v. Young, No. 15785
    • United States
    • Supreme Court of West Virginia
    • November 10, 1983
    ..." syllabus point 1, State v. Peacher, W.Va., [173 W.Va. 10] 280 S.E.2d 559 (1981) (quoting syllabus point 1, State v. Siers, 103 W.Va. 30, 136 S.E. 503 (1927)), the mere existence of pretrial publicity concerning the alleged offense is insufficient to warrant a change of venue. Rather, the ......
  • State v. Peacher, No. 14233
    • United States
    • Supreme Court of West Virginia
    • July 14, 1981
    ...against an accused, extending throughout the entire county in which he is brought to trial...." Syl. pt. 1, State v. Siers, 103 W.Va. 30, 136 S.E. 503 2. In a criminal case the defendant who is trying to show the existence of a present hostile sentiment in the community that would affect hi......
  • Feliciano v. 7-Eleven, Inc., No. 29564.
    • United States
    • Supreme Court of West Virginia
    • November 30, 2001
    ...homicide; it must be an apprehension existing at the time the defendant fired the fatal shot."); Syl. pt. 3, State v. Siers, 103 W.Va. 30, 136 S.E. 503 (1927) ("An instruction on the right of self-defense is erroneous, which makes the accused the sole judge of the emergency."); Syl. pts. 1 ......
  • Request a trial to view additional results
30 cases
  • Michael on Behalf of Estate of Michael v. Sabado, No. 22032
    • United States
    • Supreme Court of West Virginia
    • December 21, 1994
    ...free from the suspicion of prejudice. State v. West, 157 W.Va. 209, 219, 200 S.E.2d 859, 865-66 (1973); State v. Siers, 103 W.Va. 30, 33, 136 S.E. 503, 504 12 The defendant argues there was sufficient voir dire. In fact, the trial judge granted a total of 28 of the plaintiff's proposed voir......
  • State v. Young, No. 15785
    • United States
    • Supreme Court of West Virginia
    • November 10, 1983
    ..." syllabus point 1, State v. Peacher, W.Va., [173 W.Va. 10] 280 S.E.2d 559 (1981) (quoting syllabus point 1, State v. Siers, 103 W.Va. 30, 136 S.E. 503 (1927)), the mere existence of pretrial publicity concerning the alleged offense is insufficient to warrant a change of venue. Rather, the ......
  • State v. Peacher, No. 14233
    • United States
    • Supreme Court of West Virginia
    • July 14, 1981
    ...against an accused, extending throughout the entire county in which he is brought to trial...." Syl. pt. 1, State v. Siers, 103 W.Va. 30, 136 S.E. 503 2. In a criminal case the defendant who is trying to show the existence of a present hostile sentiment in the community that would affect hi......
  • Feliciano v. 7-Eleven, Inc., No. 29564.
    • United States
    • Supreme Court of West Virginia
    • November 30, 2001
    ...homicide; it must be an apprehension existing at the time the defendant fired the fatal shot."); Syl. pt. 3, State v. Siers, 103 W.Va. 30, 136 S.E. 503 (1927) ("An instruction on the right of self-defense is erroneous, which makes the accused the sole judge of the emergency."); Syl. pts. 1 ......
  • Request a trial to view additional results

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