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State v. Adams

Citations

  • 456 S.E.2d 4
  • 193 W. Va. 277
  • 1995 W. Va. LEXIS 20

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • each count of an indictment must be viewed as separate for purposes of determining its sufficiency
  • ‘amendment of form’ occurs when the defendant is not misled in any sense, nor subjected to additional burdens of proof, nor otherwise prejudiced
  • each count of an indictment must be viewed as separate for purposes of determining its sufficiency
  • indictment could be changed to correct name of owner of stolen goods
  • “Unless a defendant can demonstrate prejudice, a circuit court may amend an indictment in a manner that does not strike any substantive portion of the charging paragraph and does not change the offense charged.”
  • “Cases are legion supporting the proposition that a defendant may not challenge a facially valid indictment returned by a legally constituted grand jury on the basis that the evidence presented to the grand jury was legally insufficient.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cleckley, Brotherton, Fox

Read full opinion on CourtListener

Cited by

46 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.