State v. Thomas

West Virginia Supreme Court

State v. Thomas

253 S.E.2d 554, 163 W. Va. 32, 1979 W. Va. LEXIS 376

CourtWest Virginia Supreme Court

DecidedApril 10, 1979

DocketNo. 14247

StatusPublished

Cited by2 cases

This text of 253 S.E.2d 554 (State v. Thomas) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Thomas, 253 S.E.2d 554, 163 W. Va. 32, 1979 W. Va. LEXIS 376 (W. Va. 1979).

Pincite

Opinion

Per Curiam:

The appellant was convicted in the Circuit Court of Wood County of operating a motor vehicle on July 10, 1976, while he was under the influence of intoxicating liquor, in violation of W. Va. Code, 17C-5-2 [1957]. This statute was amended effective May 30, 1976, to eliminate the crime of driving while under the influence of intoxicating liquor. Ch. 75, 1976, W. Va. Acts.

[33]*33The appellant contends that he was convicted of a statutory crime which did not exist on July 10, 1976. On this point the State confesses error.

We agree, and, therefore, the judgment of the Circuit Court of Wood County is reversed; the verdict of the jury is set aside; and the case is remanded.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI