Mitchell v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Amelia county, rendered on the 12th day of March, 1892, in the case of the Commonwealth of Virginia against Jesse Mitchell, on an indictment for rape, by which judgment the said Jesse-Mitchell was, in accordance with the finding, of the jury, sentenced to be hanged. The material facts are these: On the 27th day of August, 1891, the said Jesse Mitchell was indicted in the county court of Amelia county for rape.
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Error to judgment of circuit court of Amelia county, rendered on the 12th day of March, 1892, in the case of the Commonwealth of Virginia against Jesse Mitchell, on an indictment for rape, by which judgment the said Jesse-Mitchell was, in accordance with the finding, of the jury, sentenced to be hanged. The material facts are these: On the 27th day of August, 1891, the said Jesse Mitchell was indicted in the county court of Amelia county for rape. The first count in the indictment charges that Jesse Mitchell, on the 22d day of June, 1891, and in said county, in and upon one Janie Thraves, the…
1Opinion of the Court
Richardson, J.,
(after stating the case,) delivered the opinion of the court.
The first question is as to the action of the circuit court in overruling the demurrer to the indictment. We are of opinion that the demurrer was properly overruled. The indictment is in the usual form, and is, in substance, sufficiently specific to put the prisoner fairly upon trial for the offense therein charged. Nothing more is requisite.
In other respects, the case is presented in the five several bills of exception taken by the prisoner to certain rulings of the trial court.
*8291st. The first bill of exceptions is to…
2Cited by5 opinions
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- Robinson v. CommonwealthSupreme Court of Virginia · 1947
- Cropper v. CommonwealthGeneral Court of Virginia · 1843
- Cropper v. CommonwealthGeneral Court of Virginia · 1843
- Cropper v. CommonwealthGeneral Court of Virginia · 1843