Page:The Constitution of West Virginia ratified in 1872.pdf/6

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56
WV Constitution
[Art.3, Sec.5]


other crime, not cognizable by a justice, unless on presentment or indictment of a grant jury. No bill of attainder, ex post facto law, or law impairing the obligation of a contract, shall be passed.


Excessive Bail Not Required

5. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Penalties shall be proportioned to the character and degree of the offense. No person shall be transported out of or forced to leave the State for any offense committed within the same; nor shall any person, in any criminal case, be compelled to be a witness against himself, or be twice put in jeopardy of life or liberty for the same offense.

Unreasonable Searches and Seizures Prohibited

6. The rights of the citizens to be secure in their houses, persons, papers and effects, against unreasonable searches and seizures, shall not be violated. No warrant shall issue except upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, or the person or thing to be seized.

Freedom of Speech and Press Guaranteed

7. No law abridging the freedom of speech, or of the press, shall be passed; but the Legislature may, by suitable penalties, restrain the publication or sale of obscene books, papers, or pictures, and provide for the punishment of libel, and defamation of character, and for the recovery, in civil actions, by the aggrieved party, of suitable damages for such libel, or defamation.

Relating to Civil Suits for Libel

8. In prosecutions and civil suits for libel, the truth may be given in evidence; and if it shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the verdict shall be for the defendant.

Private Property, How Taken

9. Private property shall not be taken or damaged for public