State of West Virginia v. General Daniel Morgan Post No. 548, Veterans of Foreign Wars of the United States, a…

Summary

The court affirmed the order quashing the indictment against Andy Pastoría because the bribery statute expressly applied only to state executive, legislative, judicial, or ministerial officers and legislators, not to a county sheriff. The court held that the statutory revision repealed the former misdemeanor provision covering other officers, leaving bribery of such officers punishable only as a common-law misdemeanor rather than as a felony. Because the indictment did not charge a felony, it could not support a felony prosecution.