Legal Opinion

Rand v. Commonwealth

Supreme Court of Virginia

Decided October 15, 1852PublishedCited by 19 opinions

John W. Rand was indicted for burglary and larceny in the Circuit court of Norfolk county. The indictment contained four counts : And at the conclusion of the second count there was the following: “And the jurors aforesaid, upon their oaths aforesaid, do further present, that the said John W. Rand, late *of the commonwealth of Massachusetts, one of the United States, hath been convicted of a felony by him committed in the said commonwealth of Massachusetts, one of the United…

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John W. Rand was indicted for burglary and larceny in the Circuit court of Norfolk county. The indictment contained four counts : And at the conclusion of the second count there was the following: “And the jurors aforesaid, upon their oaths aforesaid, do further present, that the said John W. Rand, late *of the commonwealth of Massachusetts, one of the United States, hath been convicted of a felony by him committed in the said commonwealth of Massachusetts, one of the United States, and therefor sentenced to confinement in the penitentiary of the commonwealth of Massachusetts, one of the…

1Opinion of the CourtDaniel, J.

In addition to the four regular counts in the indictment for burglary and larceny, there is also the further charge or allegation that the prisoner “hath been convicted of a felony by him committed in the commonwealth of Massachusetts, one of the United States, and therefor sentenced to confinement in the penitentiary of the said commonwealth of Massachusetts, one of the United States.”

On the trial, the prisoner having been regularly arraigned, and having pleaded not guilty, the prosecution, after it had introduced evidence for the purpose of sustaining the allegations contained in the…

2Cited by19 opinions

  1. Graham v. West VirginiaSupreme Court of the United States · 1912
  2. Moore v. MissouriSupreme Court of the United States · 1895
  3. Sage v. StateIndiana Supreme Court · 1891
  4. State v. CartrightWest Virginia Supreme Court · 1882
  5. Younger v. StateWest Virginia Supreme Court · 1868

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