Wolverton v. Commonwealth
Supreme Court of Virginia
This was a writ of supersedeas to a refusal of the judge of the circuit court of Prince William county to grant a writ of supersedeas to a judgment of the county court of said county, sentencing Peter F. Wolverton to receive five stripes, on a conviction of petit larceny, for that, as alleged in the indictment, “on the 17th day of December, 1880, in the county aforesaid, one padlock, of the value of thirty cents, of the goods and chattels of one George Kreig, then and there…
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This was a writ of supersedeas to a refusal of the judge of the circuit court of Prince William county to grant a writ of supersedeas to a judgment of the county court of said county, sentencing Peter F. Wolverton to receive five stripes, on a conviction of petit larceny, for that, as alleged in the indictment, “on the 17th day of December, 1880, in the county aforesaid, one padlock, of the value of thirty cents, of the goods and chattels of one George Kreig, then and there being found, feloniously did steal, take and carry away, against the peace and dignity of the Commonwealth of Virginia.”…
1Opinion of the CourtBurks, J.
The plaintiff in error was indicted in the county court of Prince William county for the larceny of a padlock, alleged in the indictment to be of the value of thirty cents. On the plea of “ not guilty,” he was tried and convicted by the jury and sentenced by the court to receive five lashes. After the verdict was rendered and before sentence pronounced, he moved successively in arrest of judgment for a venire ele novo, and for a new trial, all of which motions were overruled, and he excepted.
By counsel, he alleges several grounds of error.
1. That he was once before put in jeopardy for the…
2Cases cited1 opinion
- Hoback v. CommonwealthSupreme Court of Virginia · 1877
3Cited by17 opinions
- Butts v. CommonwealthSupreme Court of Virginia · 1926
- Pierce v. CommonwealthSupreme Court of Virginia · 1964
- Jones v. CommonwealthCourt of Appeals of Virginia · 1986
- Welch v. CommonwealthCourt of Appeals of Virginia · 1992
- Simmons v. StateCourt of Criminal Appeals of Oklahoma · 1976
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