Vaiden v. Commonwealth
Supreme Court of Virginia
At the March term 1855 of the Circuit court of Lunenburg county, Isham W. Vaiden was indicted and tried for the murder of James A. Winn. The jury found him guilty of voluntary manslaughter, and fixed his term of imprisonment in the penitentiary at four years ; and the court sentenced him accordingly.
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At the March term 1855 of the Circuit court of Lunenburg county, Isham W. Vaiden was indicted and tried for the murder of James A. Winn. The jury found him guilty of voluntary manslaughter, and fixed his term of imprisonment in the penitentiary at four years ; and the court sentenced him accordingly. After the verdict was rendered, the prisoner moved the court for a new trial, on the ground that the verdict was contrary to the evidence; but the court overruled the motion, and the prisoner excepted. The bill of exceptions commences by stating that on the trial of the cause, it was proved by,…
1Opinion of the CourtLee, J.
Upon the threshold of this case we are met with the objection that the bill of exceptions taken to the opinion of the court overruling the motion for a new trial, contains only a statement of the evidence given on the trial of the cause, and not a certificate of the facts proved : And the question presents itself, whether the rules by which this court is governed when reviewing the action of a Circuit court in granting or refusing a motion for a new trial in a civil cause, apply also in criminal cases; and if they do, we have then to determine the true character of the certificate contained…
2Cases cited3 opinions
- Pasley v. EnglishSupreme Court of Virginia · 1848
- Governor v. VanmeterSupreme Court of Virginia · 1837
- Grayson v. CommonwealthSupreme Court of Virginia · 1850
3Cited by36 opinions
- State v. CainWest Virginia Supreme Court · 1882
- Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
- Lovett v. StateSupreme Court of Florida · 1892
- State v. BakerWest Virginia Supreme Court · 1889
- State v. ThompsonWest Virginia Supreme Court · 1882
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