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West Virginia Supreme Court· 11/21/1972

State v. Chaffin

Citations

  • 192 S.E.2d 728
  • 156 W. Va. 264
  • 1972 W. Va. LEXIS 188

How courts have described this case

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

  • holding that “[a] motion for a continuance based on the absence of a material witness is addressed to the sound discretion of the trial court, and its ruling on such motion will not be disturbed unless it is clearly wrong and it appears that such discretion has been abused”
  • affirming a robbery conviction in which there was a variance concerning the time of the commission of the crime
  • “A variance in the pleading and the proof with regard to the time of the commission of a crime does not constitute prejudicial error where time is not of the essence of the crime charged”
  • “Proof as to time is not material where no statute of limitations is involved.”
  • “A variance in the pleading and the proof with regard to the time of the commission of a crime does not constitute prejudicial error where time is not of the essence of the crime charged”
  • “The sentence for the crime of armed robbery must be for a definite term of not less than ten years and the imposition of an indeterminate sentence of from ten years to life for such crime constitutes error.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Berry

Read full opinion on CourtListener

Cited by

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

Cites

8 cases in this archive are cited by this case.

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