Matthews v. Commonwealth
Supreme Court of Virginia
At the September term, 1867, of the County court of Fairfax, the attorney for the Commonwealth, upon his oath of office, filed an information against Samuel Matthews and Cordelia Garner for the murder of Thomas Garner. Thomas Garner was the husband of Cordelia, and they were negroes. When brought into court, they demanded to be tried before the Circuit Court; and in the Circuit Court they elected to be tried separately.
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At the September term, 1867, of the County court of Fairfax, the attorney for the Commonwealth, upon his oath of office, filed an information against Samuel Matthews and Cordelia Garner for the murder of Thomas Garner. Thomas Garner was the husband of Cordelia, and they were negroes. When brought into court, they demanded to be tried before the Circuit Court; and in the Circuit Court they elected to be tried separately. Matthews being- first tried, the jury found him guilty of murder in the first degree; and the court sentenced him to be hung. In his case no exception was taken during the…
1Opinion of the Court
MONCURE), P.,
delivered the opinion of the court:
These cases come up on writs of error to judgments of the Circuit Court of Fairfax county, rendered on the 7th and 9th days of November, 1867, convicting the plaintiffs in error of the murder of one Thomas Garner —Samuel Matthews being convicted of murder in the first degree, and Cordelia Garner of murder in the second degree. An information had been filed against them in the county court of Fairfax in September, 1867, by the Commonwealth’s attorney for that county “upon his oath of office,” charging them jointly with the commission of the…
2Cited by14 opinions
- Lemons v. StateWest Virginia Supreme Court · 1870
- State v. McClungWest Virginia Supreme Court · 1891
- Board of Commissioners v. ScanlanIndiana Supreme Court · 1912
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Chalmers v. Funk & SonSupreme Court of Virginia · 1882
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