Prather v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Franklin county, rendered November 1st, 1887, affirming judgment of county court of said county; rendered July 6th, 1887, whereby the plaintiff in error was sentenced to confinement in the State penitentiary for the term of two years, in accordance with the verdict of the jury by which he was tried on an indictment against him jointly with one Nick Sparks for housebreaking with intent to steal.
Read the full summary
Error to judgment of circuit court of Franklin county, rendered November 1st, 1887, affirming judgment of county court of said county; rendered July 6th, 1887, whereby the plaintiff in error was sentenced to confinement in the State penitentiary for the term of two years, in accordance with the verdict of the jury by which he was tried on an indictment against him jointly with one Nick Sparks for housebreaking with intent to steal. The indictment charges that the defendants, Prather and Sparks, on the 7th of March. 1887, in the night-time of the said day, a certain mill-house, not adjoining…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of the court.
The single question here is, whether the conviction of the prisoner is warranted by the evidence. In other words, Is the evidence plainly insufficient to support the verdict ? For unless it is, the judgment must be affirmed, according to the familiar rule established by a long line of decisions of this court. Hill’s Case, 2 Gratt. 594; Pryor’s Case, 27 Id. 1009; Coleman’s Case, 84 Va. 1.
Ho evidence appears to have been offered at the trial by the prisoner; and that for the Commonwealth, as certified in the bill of…
2Cases cited3 opinions
- Taliaferro v. CommonwealthSupreme Court of Virginia · 1883
- Coleman v. CommonwealthSupreme Court of Virginia · 1887
- Jones v. CommonwealthSupreme Court of Virginia · 1867
3Cited by5 opinions
- State Ex Rel. Continental Coal Co. v. BittnerWest Virginia Supreme Court · 1926
- State v. DudleyWest Virginia Supreme Court · 1924
- Bundick v. CommonwealthSupreme Court of Virginia · 1899
- Hall v. CommonwealthSupreme Court of Virginia · 1957
- State v. CerfoglioNevada Supreme Court · 1923