State of West Virginia v. David Lee Huffman

Summary

The court held that the indictment was not invalid because the reverse-side indorsement mistakenly identified the defendant by an incorrect surname, and it upheld the admission of two notes based on circumstantial proof of authorship. It nevertheless concluded that the evidence failed to establish beyond a reasonable doubt that the prosecuting witness resisted or did not consent to the alleged sexual conduct, requiring reversal of the conviction for attempted rape. The court reversed the judgments, set aside the verdict, and awarded a new trial.