Finchim v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Rockingham county, refusing a writ of error to the judgment of the county court of said county, sentencing to be hanged by the neck until dead, the prisoner, Finchim, whom the jury had found guilty upon the trial of the indictment against him for the murder, in the first degree, of his brother, Preston Finchim. To this judgment the prisoner obtained from one of the judges of this court a writ of error and supersedeas.
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Error to judgment of circuit court of Rockingham county, refusing a writ of error to the judgment of the county court of said county, sentencing to be hanged by the neck until dead, the prisoner, Finchim, whom the jury had found guilty upon the trial of the indictment against him for the murder, in the first degree, of his brother, Preston Finchim. To this judgment the prisoner obtained from one of the judges of this court a writ of error and supersedeas. Opinion states the case.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The single question in the case arises upon the prisoner’s exception to the action of the county court in overruling his motion for a new trial. The motion was based upon *690the ground that the verdict was not warranted by the evidence; and the evidence being conflicting, the court, on that ground, refused to certify the facts, but did certify the evidence, so that the case stands upon a certificate of the evidence.
In such a case, the rule—too familiar to require the citation of authority—is that the judgment of the lower court must be affirmed,…
2Cases cited2 opinions
- Cluverius v. CommonwealthSupreme Court of Virginia · 1886
- Anderson v. CommonwealthSupreme Court of Virginia · 1887
3Cited by7 opinions
- Gravely v. CommonwealthSupreme Court of Virginia · 1889
- Vaughan v. CommonwealthSupreme Court of Virginia · 1889
- Coleman v. CommonwealthSupreme Court of Virginia · 1887
- Robertson v. CommonwealthSupreme Court of Virginia · 1894
- Stoneman v. CommonwealthSupreme Court of Virginia · 1874
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