Gravely v. Commonwealth
Supreme Court of Virginia
Error to refusal of judge of circuit court of Henry county to award a writ of error to judgment of county court of said county, rendered June 12,1889, on an indictment against John Gravely for a felony, a jury having found him guilty and fixed the period of confinement in the penitentiary at ten years.
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Error to refusal of judge of circuit court of Henry county to award a writ of error to judgment of county court of said county, rendered June 12,1889, on an indictment against John Gravely for a felony, a jury having found him guilty and fixed the period of confinement in the penitentiary at ten years. The charge in the indictment was that, on the 15th day of March, 1889, in the night time, he feloniously broke and entered the kitchen of Abner Richardson, with intent to steal, and did then and there feloniously steal, take and carry away one hundred pounds of flour, thirty pounds of corn meal…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The single question we have to determine is, whether there was error in overruling the prisoner’s motion for a new trial. And in determining this question we must be governed by the rule, so often announced by this court, that where the evidence consists of circumstances or presumptions, a new trial, on the ground that the verdict is contrary to the evidence, ought to be granted only in a ease of a plain deviation, since to do otherwise would be to assume the province oí the jury. It ought not to be granted merely because the court, if on the jury,…
2Cases cited8 opinions
- Commonwealth v. McGortyMassachusetts Supreme Judicial Court · 1873
- State v. ReidSupreme Court of Iowa · 1866
- Taliaferro v. CommonwealthSupreme Court of Virginia · 1883
- People v. GordonMichigan Supreme Court · 1879
- Walker v. CommonwealthSupreme Court of Virginia · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- State v. DixsonMontana Supreme Court · 1927
- Fout v. CommonwealthSupreme Court of Virginia · 1957
- People v. FrahmCalifornia Court of Appeal · 1930
- Drinkard v. CommonwealthSupreme Court of Virginia · 1935
- Henderson v. CommonwealthSupreme Court of Virginia · 1975
34 more not listed; retrieve them via the Exa API.