Cole v. Commonwealth
General Court of Virginia
James Cole was indicted in the Circuit Court of Clarke county, for advising slaves to escape from their master. The indictment contained seven counts, some of which charged that the slaves were the property of Esther Lewis.
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James Cole was indicted in the Circuit Court of Clarke county, for advising slaves to escape from their master. The indictment contained seven counts, some of which charged that the slaves were the property of Esther Lewis. On the trial, the Commonwealth offered evidence to prove that the prisoner advised certain slaves of the estate of Lorenzo Lewis to abscond, to which evidence the prisoner objected, on the ground that there was no count in the indictment, charging the offence against any property of the estate, or in the possession of Esther Lewis, executrix of said estate; but the Court…
1Opinion of the Court
By the Court.
The Court is of opinion that the judgment of the Circuit Court is erroneous in permitting the evidence mentioned in the second bill of exceptions to go to the jury; and for that cause only, the judgment of the Circuit Court is reversed, the verdict set aside, and the cause remanded to the said Circuit Court, for a new trial to be had therein; and on such trial the evidence set forth in the said second bill of exceptions, is not to be admitted.
2Cited by6 opinions
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- Devine v. CommonwealthSupreme Court of Virginia · 1908
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- Lee v. TapscottCourt of Appeals of Virginia · 1796
- Lee v. TapscottCourt of Appeals of Virginia · 1796
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