Kates v. Commonwealth
Supreme Court of Virginia
This was an indictment in the Circuit court. of Bedford county against Rucinda Kates, a colored woman, for the murder of her child. On the trial the jury found her guilty of voluntary manslaughter, and fixed the term of her imprisonment in the penitentiary at eighteen months. The prisoner asked for a new trial, on the ground that the verdict was contrary to the evidence; but the court overruled the motion, and sentenced her in accordance with the verdict.
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This was an indictment in the Circuit court. of Bedford county against Rucinda Kates, a colored woman, for the murder of her child. On the trial the jury found her guilty of voluntary manslaughter, and fixed the term of her imprisonment in the penitentiary at eighteen months. The prisoner asked for a new trial, on the ground that the verdict was contrary to the evidence; but the court overruled the motion, and sentenced her in accordance with the verdict. And thereupon the prisoner excepted to the opinion of the court overruling her motion, and the court stated the facts proved upon the…
1Opinion of the Court
MONCURE, P.,
delivered the opinion of the court:
The court, although of opinion that the evidence in this case does not clearly show either that the child was born alive or that it came to its death by the act or neglect of the mother, is yet of opinion that, according to the principles laid down by this court in the case of Vaiden v. The Commonwealth, 12 Gratt. 717, the said evidence is not so plainly insufficient to warrant the verdict as to authorize this court to reverse the judgment. Therefore it is considered by the court that there is no error in the said judgment, and that it be…
2Cases cited1 opinion
- Vaiden v. CommonwealthSupreme Court of Virginia · 1855
3Cited by13 opinions
- Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
- Read v. CommonwealthSupreme Court of Virginia · 1872
- Thomas v. CommonwealthSupreme Court of Virginia · 1907
- Kemp v. CommonwealthSupreme Court of Virginia · 1868
- Kemp v. CommonwealthSupreme Court of Virginia · 1868
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