Page:The Green Bag (1889–1914), Volume 24.pdf/122

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Correspondence. . his lordship's contemptuous look and lost his way, when the judge commented, "I would advise you, sir, to clip your eagle's wings the next time you bring him into court." An ambitious young lawyer, striking a pathetic vein, and repeating the phrase, "My unfortunate client, sir," was silenced by the remark, "Go on, sir; the Court is with you so far."

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A barrister, having wearied the court by a tedious 'pleX» was interrupted by adjournment, arid. fy/lifc ."I shall have the pleasure of addressing ..the Court, then, on Friday." 'Veiiy.^.quickly came this response from 'the:. Chief Justice : — "The Court will hear you on Friday, but pleasure was out of the question long ago."

I'ht Editor will be glad to receivefor this department anything likely to entertain the reader! of the Green Bag in the way of legal antiquities, faceti*, and anecdotes.

Correspondence THE FORM OF INDICTMENTS — in the second degree, and if the state would elevate it to murder in the first WEST VIRGINIA'S WAY To the Editor of the Greeen Bag: Sir: In your January (1912) issue you compare the old common law form of an indictment for murder, which is in use in a great many states of the Union, with the brief Canadian form — to the credit of Canada. West Virginia com pares favorably with Canada in her progressiveness of pleading in criminal cases. The statutory form of an indict ment for murder, approved by the Su preme Court of Appeals of this state, is as follows: State of West Virginia, Monongalia County, to wit: The grand jurors of the state of West Virginia, in and for the body of the county of Monon galia, upon their oaths present that John Doe, on the 22nd day of January, nineteen hundred and twelve, in the said county of Monongalia, feloniously, willfully, maliciously, deliberately and unlawfully did slay, kill and murder one Richard Roe, against the peace and dignity of the state.

A homicide in West Virginia is pre sumed, as a matter of law, to be murder

degree it must be proven that the act which caused the death was wilfully designed, and premeditated, with mal ice aforethought — hence the use of the words, "willfully, maliciously and deliberately." The word "feloniously" is used as a technical word and must according to our Supreme Court deci sions be used in every felony indict ment. The word "unlawfully" is used from the fact that one indicted for mur der in the first degree, in West Virginia, may be convicted, under that indict ment, of 1. 2. 3. 4. 5. 6.

Murder in the first degree, Murder in the second degree, Voluntary manslaughter, Involuntary manslaughter, Assault and battery, Assault.

Involuntary manslaughter, assault and battery, and assault are misde meanors in West Virginia. The form of an indictment for man-