Foster v. Commonwealth
Supreme Court of Virginia
■Error to a judgment of the Circuit Court of Roanoke county rendered May 9, 1898, affirming a judgment of the County Court of said county rendered at its April term, 1898, whereby the plaintiff in error was adjudged to be guilty of a felony, and sentenced to imprisonment in the penitentiary for a period of eight years.
1Opinion of the CourtRiely, J.
This case presents for decision the important question whether a boy under fourteen years of age is capable under the law of committing the crime of rape, or of the attempt to commit it. It does not appear ever to have been. passed upon in this State by any court of last resort.
*307In Law v. Commonwealth, 75 Va. 885, it was stated as the result of all the authorities that a boy under fourteen years of age who aids and assists another person in the commission of the offence of rape, may be convicted as principal in the second degree, if it appear from all the circumstances of the case that he had…
2Cases cited7 opinions
- Heilman v. CommonwealthCourt of Appeals of Kentucky · 1886
- Law v. CommonwealthSupreme Court of Virginia · 1881
- McKinny v. StateSupreme Court of Florida · 1892
- Gordon v. StateSupreme Court of Georgia · 1893
- State v. JonesSupreme Court of Louisiana · 1887
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3Cited by34 opinions
- United States v. Robert Coffman, Jerry Beller, and Thresher T. RippeyCourt of Appeals for the Seventh Circuit · 1996
- Carter v. HinkleSupreme Court of Virginia · 1949
- United States v. ParkerDistrict Court, W.D. New York · 2001
- Collins v. City of RadfordSupreme Court of Virginia · 1922
- Attorney Grievance Commission v. ChildressCourt of Appeals of Maryland · 2001
29 more not listed; retrieve them via the Exa API.