Hart v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Augusta county. In this case the accused was indicted in Augusta county on December 9, 1920, upon the charge of rape committed in that county upon the person of the prosecutrix, who was of the age of about seventeen years. . On the same day there was a trial by jury in said county, the accused being represented by counsel assigned by the court.
Read the full summary
Error to a judgment of the Circuit Court of Augusta county. In this case the accused was indicted in Augusta county on December 9, 1920, upon the charge of rape committed in that county upon the person of the prosecutrix, who was of the age of about seventeen years. . On the same day there was a trial by jury in said county, the accused being represented by counsel assigned by the court. The jury not having reached an agreement upon a verdict, the case was continued over to the next day, December 10th. On that day, it being found that the jury could not agree upon a verdict, by the consent of…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The assignments of error raise the questions which will be disposed of in their order as stated below.
[1] 1. Did the Commonwealth prove the venue;—that is, that the crime was committed in the county of Augusta?
This question must be answered in the affirmative.
It is true that it is not expressly proved that the place at which the crime was committed was in the county of Augusta ; but it is expressly proved that the prosecutrix lived *735about half a mile west from the corporate limits of the city of…
2Cases cited27 opinions
- Weems v. United StatesSupreme Court of the United States · 1910
- In Re KemmlerSupreme Court of the United States · 1890
- Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
- Collins v. JohnstonSupreme Court of the United States · 1915
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
22 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Ex Parte GranvielCourt of Criminal Appeals of Texas · 1978
- Stockton v. CommonwealthSupreme Court of Virginia · 1984
- Martin v. CommonwealthSupreme Court of Virginia · 1980
- Bell v. CommonwealthSupreme Court of Virginia · 2002
50 more not listed; retrieve them via the Exa API.