Legal Opinion

West v. Commonwealth

Supreme Court of Virginia

Decided June 12, 1919PublishedCited by 49 opinions

Error to a judgment of the Hustings Court of city of Petersburg. The opinion states the case.

1Opinion of the CourtKelly, J.

Frances West obtained this writ of error to a judgment *750sentencing her to a term of three years in the penitentiary for grand larceny.

[1, 2] 1. The indictment charged that the crime was committed in the city of Petersburg, and the first assignment of error is that there was no proof of this fact.

Unquestionably the Commonwealth was as much bound to prove the venue as to prove the larceny itself. Fitch's Case, 92 Va. 824, 24 S. E. 272; Anderson’s Case, 100 Va. 864, 42 S. E. 865; Byrd’s Case, 124 Va. 833, 98 S. E. 632. The evidence to prove it, however, may be either direct or circumstantial. In…

2Cases cited12 opinions

  1. Bowles v. CommonwealthSupreme Court of Virginia · 1904
  2. Anderson v. CommonwealthSupreme Court of Virginia · 1902
  3. State v. HobbsWest Virginia Supreme Court · 1893
  4. Woods v. PeopleIllinois Supreme Court · 1906
  5. Cody v. StateCourt of Criminal Appeals of Texas · 1892

7 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Commonwealth v. StasiunMassachusetts Supreme Judicial Court · 1965
  2. Hart v. CommonwealthSupreme Court of Virginia · 1921
  3. Hamilton v. StateSupreme Court of Florida · 1937
  4. Acey v. CommonwealthCourt of Appeals of Virginia · 1999
  5. McClain v. CommonwealthSupreme Court of Virginia · 1949

44 more not listed; retrieve them via the Exa API.

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