Legal Opinion

Anderson v. Commonwealth

Supreme Court of Virginia

Decided May 19, 1887PublishedCited by 11 opinions

Error to judgment of circuit court of Buckingham county,, rendered October 22d, 1886, affirming judgment of county court of said county, rendered July 16th, 1886, on the indictment of Samuel Anderson. The prisoner was indicted in said county court for the-malicious burning of a certain corn-house, the property of one Fitzgerald, the said corn-house, with the corn and other property therein, being of the value of six hundred dollars.

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Error to judgment of circuit court of Buckingham county,, rendered October 22d, 1886, affirming judgment of county court of said county, rendered July 16th, 1886, on the indictment of Samuel Anderson. The prisoner was indicted in said county court for the-malicious burning of a certain corn-house, the property of one Fitzgerald, the said corn-house, with the corn and other property therein, being of the value of six hundred dollars. The statute under which the indictment was found enacts as follows : “ If any person maliciously burn any pile or parcel of wood, boards, or other lumber, or any…

1Opinion of the Court

Lewis, P.,

after stating the case, delivered the opinion of the court.

The evidence at the trial is certified with the record. That for the commonwealth was wholly circumstantial, the principal points of which, relied on to connect the prisoner with the alleged felony, are these:

1. That for some time before the burning the prisoner hnd the prosecutor, Fitzgerald, were not on friendly terms, though the latter testified that “just immediately before the burning there was a marked difference in the manner of “the prisoner towards him; that he was “particularly polite ” And he also testified that…

2Cases cited2 opinions

  1. Taliaferro v. CommonwealthSupreme Court of Virginia · 1883
  2. Pruner & Clark v. CommonwealthSupreme Court of Virginia · 1886

3Cited by11 opinions

  1. State v. PienickWashington Supreme Court · 1907
  2. State v. CristaniSupreme Court of Iowa · 1921
  3. Chrisman v. CommonwealthCourt of Appeals of Virginia · 1986
  4. Thomas v. CommonwealthSupreme Court of Virginia · 1948
  5. Brown v. CommonwealthSupreme Court of Virginia · 1892

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