Legal Opinion

Berry v. Commonwealth

Supreme Court of Virginia

Decided January 26, 1959No. Record 4922PublishedCited by 11 opinions

The opinion states the case.

1Opinion of the CourtBuchanan, J.

The question in this case is whether the suspension of a jail sentence imposed on the defendant, John Raymond Berry, Sr., was legally revoked, and is to be determined from the following stipulated facts:

On December 17, 1956, the County Court of Rockingham county found the defendant guilty of a misdemeanor and sentenced him to twelve months in jail but suspended the sentence for one year conditioned on his good behavior.

On June 22, 1957, the defendant was arrested on a charge of malicious shooting and on June 24, 1957, he entered a plea of not guilty to that charge in the county court.…

2Cases cited4 opinions

  1. Escoe v. ZerbstSupreme Court of the United States · 1935
  2. Burns v. United StatesSupreme Court of the United States · 1932
  3. Slayton v. CommonwealthSupreme Court of Virginia · 1946
  4. Dyke v. CommonwealthSupreme Court of Virginia · 1952

3Cited by11 opinions

  1. Marshall v. CommonwealthSupreme Court of Virginia · 1960
  2. Hamilton v. CommonwealthSupreme Court of Virginia · 1976
  3. Hamilton v. LumpkinDistrict Court, E.D. Virginia · 1975
  4. Cilwa v. CommonwealthSupreme Court of Virginia · 2019
  5. Commonwealth v. JacksonSupreme Court of Virginia · 2025

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