Legal Opinion

Robinson v. Commonwealth

Supreme Court of Virginia

Decided March 17, 1892PublishedCited by 8 opinions

Error to judgment of corporation court of city of Lynch-burg, rendered September term, 1891, whereby the plaintiff in error, William Robinson, was sentenced to be hanged in accordance with the verdict of the jury at the trial of an indictment against him for the murder of one Willie Davis.

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court.

*901The September term, as the record shows, is not a regular grand jury term of the court below. Accordingly, on his arraignment, the prisoner moved to quash the indictment on three grounds, viz.: (1) That the indictment ought to show on its face that it was found by a special grand jury; (2) that it ought likewise to show that the grand jury had been summoned in pursuance of an order of the court; and (3) that this order ought to appear affirmatively by the record to have been made.

It does not, in fact, appear affirmatively that such order was made,…

2Cases cited5 opinions

  1. Ex Parte BainSupreme Court of the United States · 1887
  2. Watson v. CommonwealthSupreme Court of Virginia · 1891
  3. Curtis v. CommonwealthSupreme Court of Virginia · 1891
  4. Vawter v. CommonwealthSupreme Court of Virginia · 1890
  5. Waller & Boggs v. CommonwealthSupreme Court of Virginia · 1888

3Cited by8 opinions

  1. Morgan v. StateNebraska Supreme Court · 1897
  2. State v. NuckolsWest Virginia Supreme Court · 1968
  3. Snodgrass v. CommonwealthSupreme Court of Virginia · 1893
  4. Garnett & Cosby v. CommonwealthSupreme Court of Virginia · 1915
  5. Burchett v. United StatesCourt of Appeals for the Fourth Circuit · 1912

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