Commonwealth v. Wormley
General Court of Virginia
At the October term 1851, of the Circuit court of Chesterfield county, John S. Wormley was indicted for the murder of Anthony T. Robiou. He was tried at the March term 1852, and was found guilty of murder in the first degree. Whereupon he moved the Court for a new trial; first, upon the ground that the verdict was contrary to the evidence; and second, on the ground of misbehaviour on the part of the deputy sheriff and the jury. The motion on the first ground was overruled.
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At the October term 1851, of the Circuit court of Chesterfield county, John S. Wormley was indicted for the murder of Anthony T. Robiou. He was tried at the March term 1852, and was found guilty of murder in the first degree. Whereupon he moved the Court for a new trial; first, upon the ground that the verdict was contrary to the evidence; and second, on the ground of misbehaviour on the part of the deputy sheriff and the jury. The motion on the first ground was overruled. On the second ground, it appeared that the jury, after several days delay in completing the panel, were sworn on…
1Opinion of the CourtField, J.
The Court is of opinion, in answer to the first and second questions adjourned, that the conduct of the sheriff in withdrawing from the jury at the house of Mr. Cheatam, and leaving them in the parlour in company with three other gentlemen, as is set forth in the record, was sufficient to vitiate the verdict of the jury ; and that upon that ground a new trial should be awarded to the prisoner.
The Court deems it proper to add, that the conduct of the sheriff in conducting the jury to the house of Mr. Cheatam and withdrawing from them under the circumstances disclosed by the evidence, was such…
2Cited by2 opinions
- People v. StokesCalifornia Supreme Court · 1894
- Owens v. CommonwealthSupreme Court of Virginia · 1933