Richardson v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Henry county, on an indictment against B. E. Richardson, for the murder of Albert Richardson. The jury found accused guilty of voluntary manslaughter, and fixed his term of imprisonment in the penitentiary at five years. Prisoner’s motion that the verdict, be set aside and a new trial awarded him being overruled, the court entered judgment according to the verdict.
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Error to judgment of circuit court of Henry county, on an indictment against B. E. Richardson, for the murder of Albert Richardson. The jury found accused guilty of voluntary manslaughter, and fixed his term of imprisonment in the penitentiary at five years. Prisoner’s motion that the verdict, be set aside and a new trial awarded him being overruled, the court entered judgment according to the verdict. To which the prisoner excepted, and obtained from one of the judges of this court a writ of error and supersedeas.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
Of the various errors assigned it is necessary to notice one only, namely — the refusal of the circuit court to set aside the verdict and grant the prisoner a new trial.
The offence is alleged in the indictment to have been committed in the county of Henry; but, as appears from the cer-*125tifieate of facts proven, no proof as to the venue was submitted, to the jury. The motion for a new trial ought, therefore, to have been granted. An indictment cannot be sustained without proof that the offence was committed in the county where the venue is laid. 2…
2Cases cited3 opinions
- State v. BurnsSupreme Court of Missouri · 1871
- Brown v. StateSupreme Court of Alabama · 1855
- Gordon v. StateSupreme Court of Missouri · 1836
3Cited by12 opinions
- West v. CommonwealthSupreme Court of Virginia · 1919
- Savage v. CommonwealthSupreme Court of Virginia · 1888
- Butler v. CommonwealthSupreme Court of Virginia · 1885
- Fitch v. CommonwealthSupreme Court of Virginia · 1896
- Larwan Badru Bonner v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2013
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