Legal Opinion

Hardy v. Commonwealth

Supreme Court of Virginia

Decided January 15, 1867PublishedCited by 8 opinions

At tíi.e .Ápril,, term 1866 of’ the Circuit court pi;. iipuiioun coitjRy, tbe grand jury found’ an ipdiptment against William Btafdy and, Charley Curry, that".tlieyi on. the' Sth ,day, of Dejcember, . 1865,. on ‘ one ’John ,T". Gregg feloniously did make an assault, and him the said ,'John ,T,'. Gregg in bodily fear did.felpniously. pút, and one gold .Wa.tch of the. vqlue .of o.ije hundred and seyenty-five .po'ilars, qne, gold watch-. chain of the.válue of twenty dollars,…

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At tíi.e .Ápril,, term 1866 of’ the Circuit court pi;. iipuiioun coitjRy, tbe grand jury found’ an ipdiptment against William Btafdy and, Charley Curry, that".tlieyi on. the' Sth ,day, of Dejcember, . 1865,. on ‘ one ’John ,T". Gregg feloniously did make an assault, and him the said ,'John ,T,'. Gregg in bodily fear did.felpniously. pút, and one gold .Wa.tch of the. vqlue .of o.ije hundred and seyenty-five .po'ilars, qne, gold watch-. chain of the.válue of twenty dollars, and four, notes iji ’ currency (describing them),.of" the .goods arid • chattels;., notes., and .property .of' the" said…

1Opinion of the Court

- MONCURF, P.

Í haye given to this case *467all the consideration of which I am capable and which was so justly due as well to the. importance of the question involved, as to the ability and learning' with which it has been argued by counsel; and yet I confess that I have found great difficulty in arriving at a result which is satisfactory to my own mind.

The case arises under the Code, page 838, chapter 208, section 27, which now, for the first time, comes up for construction by this court, and is as follows:

“If a person indicted of felony be by the jury acquitted of part, and convicted of part of…

2Cited by8 opinions

  1. United States v. Jolon Carthorne, Sr.Court of Appeals for the Fourth Circuit · 2013
  2. Briggs v. CommonwealthSupreme Court of Virginia · 1886
  3. United States v. WhiteCourt of Appeals for the Fourth Circuit · 2010
  4. State v. McClungWest Virginia Supreme Court · 1891
  5. Brown v. StateSupreme Court of Florida · 1893

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