Hairston v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the County Court. of Henry county, rendered Hovember 14, 1898, on an indictment against plaintiff in error for attempt to commit rape. 'There was a demurrer to the indictment, which was overruled, and thereupon the prisoner pleaded not guilty. Ho objection was made to the form of the indictment in this court.
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Error to a judgment of the County Court. of Henry county, rendered Hovember 14, 1898, on an indictment against plaintiff in error for attempt to commit rape. 'There was a demurrer to the indictment, which was overruled, and thereupon the prisoner pleaded not guilty. Ho objection was made to the form of the indictment in this court. It was in the following words and figures: “ Virginia—Henry county, to wit: “ In the County Court of said county, at the October term thereof, 1898. “ The grand jurors of the Commonwealth of Virginia, in and for the county of Henry, and now attending the said…
1Opinion of the CourtRiely, J.
The first assignment of error is that the verdict of the jury is defective for uncertainty.
The indictment contains a single count, and charges the accused with an attempt to commit rape upon a certain female. The. ver diet of the jury is in these words: “ We, the jury, find the prisoner guilty of attempted rape, and fix his punishment at eight years in the penitentiary.”
The verdict of a jury in a criminal case is always to be read in connection with the indictment; and, if upon reading them together, the meaning of the verdict is certain, this is sufficient. Hoback’s Gase, 28 Gratt. 922. The…
2Cases cited2 opinions
- State v. . MasseySupreme Court of North Carolina · 1882
- Hoback v. CommonwealthSupreme Court of Virginia · 1877
3Cited by19 opinions
- State v. HuffmanWest Virginia Supreme Court · 1955
- Triplett v. CommonwealthSupreme Court of Virginia · 1925
- Ingram v. CommonwealthSupreme Court of Virginia · 1951
- Williams v. CommonwealthSupreme Court of Virginia · 1952
- Spratley v. CommonwealthSupreme Court of Virginia · 1930
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