Honaker v. Howe
Supreme Court of Virginia
This was an action of assault and battery in the Circuit court of the county of Pulaski, brought by Joseph H. Howe against Henry Honaker. The defendant pleaded not guilty, and son assault; on which issues were taken. On the trial of the cause the plaintiff offered in evidence the record of an indictment in the Circuit court of Pulaski, in the name of the Commonwealth against the defendant, for an assault upon the plaintiff with an intent to kill him.
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This was an action of assault and battery in the Circuit court of the county of Pulaski, brought by Joseph H. Howe against Henry Honaker. The defendant pleaded not guilty, and son assault; on which issues were taken. On the trial of the cause the plaintiff offered in evidence the record of an indictment in the Circuit court of Pulaski, in the name of the Commonwealth against the defendant, for an assault upon the plaintiff with an intent to kill him. To this indictment the defendant Honaker, without pleading in proper person, with the assent of the court, confessed a judgment for five dollars…
1Opinion of the CourtJoynes, J.
The only question raised in the argument here, and the only one we have to decide, is, whether the Circuit court erred in admitting as evidence for the plaintiff the record of the proceedings, upon an indictment against the defendant for the same assault and battery on which this action is founded. Upon that indictment the defendant, without filing any plea, came into court, according to a practice which is familiar in this State, and confessed a judgment for five dollars and the costs; the entry being as follows: “ The defendant, in proper person, with the assent of the court, confessed a…
2Cited by7 opinions
- Schad v. McNinchWest Virginia Supreme Court · 1927
- Womack v. CircleSupreme Court of Virginia · 1879
- State v. MossWest Virginia Supreme Court · 1930
- Bass v. SouthwardRichmond City Circuit Court · 1963
- Lee v. TapscottCourt of Appeals of Virginia · 1796
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