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State ex rel. Marcum v. Ferrell

83 S.E.2d 648 (1954)

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State ex rel. Marcum v. Ferrell

West Virginia Supreme Court of Appeals
83 S.E.2d 648 (1954)

Facts

Fifteen-year-old Hulda Marcum (defendant) was called as a witness in the prosecution of George Marcum in a circuit court. George had been charged with statutory rape of Hulda. Hulda testified that she did not have intercourse with George but testified that she did have intercourse with another man, whom she refused to name. When the hearing ended, the circuit court released George on bail and immediately sentenced Hulda to the State Industrial Home for Girls. Hulda was held in the county jail until she could be taken to the girls’ home. Hulda’s attorney moved the circuit court to release Hulda and twice moved for a jury trial, but the court denied the motions. There was no criminal indictment, arrest warrant, or petition for the court to find that Hulda was a delinquent child. Hulda’s attorney petitioned the West Virginia Supreme Court of Appeals for a writ of habeas corpus requiring the sheriff to show cause why he was detaining her, and the court issued the writ.

Rule of Law

Issue

Holding and Reasoning (Browning, J.)

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Casebooks

Children and Juveniles

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