State of West Virginia v. Waymond F. Riley

Summary

The West Virginia Supreme Court of Appeals affirmed Waymond F. Riley's Wirt County embezzlement conviction, rejecting his 18 assignments of error including challenges to the plea in abatement, denial of a bill of particulars, continuance, change of venue, juror qualifications, venue, sufficiency of the embezzlement evidence, variance, instructions, exhibits, and the prosecutor's remarks. The court held the trial court acted within its discretion on the procedural motions, that venue properly lay in Wirt County where the check was drawn and the conversion consummated, and that the evidence established embezzlement under Code 61-3-20. Judge Calhoun dissented, arguing the refusal to exclude two petit jurors who had served on grand juries that indicted Riley for related offenses required reversal and a new trial.