Jones v. Commonwealth
Court of Appeals of Virginia
Four persons were jointly indicted for an assault upon a Magistrate in the execution of his office. The defendants appeared and traversed the indictment. Before the trial, one of them died; and, as to him the prosecution abated.
Read the full summary
Four persons were jointly indicted for an assault upon a Magistrate in the execution of his office. The defendants appeared and traversed the indictment. Before the trial, one of them died; and, as to him the prosecution abated. A jury were afterwards sworn to try the issue as to the other three; and they brought in a joint verdict against the whole, and assessed a joint fine of 106/. against them: For which the District Court rendered a joint judgment; and to that judgment the defendants obtained a writ of supersedeas from this Court. The single question made in the cause was, whether, in a…
1Opinion of the Court
ROANE, Judge.
The only question in this caséis, whether a judgment for a fine assessed by the jmy jointly against several defendants in an indictment for an assault, be sustainable? In 2 Hawk. c. 48, § 17, it is laid down, that where there are several defendants, a joint award of one fine against all is erroneous, as it ought to be several against each defendant; for, otherwise, he who hath paid his proportionable part might be continued in prison, until all the others had paid theirs: which would be, in fact, to punish him for the offence of another.
To support this opinion, he cites Godfrey’s…
2Cited by11 opinions
- Perry v. StateSupreme Court of Alabama · 1907
- Ammonett v. HarrisSupreme Court of Virginia · 1807
- Ammonett v. HarrisSupreme Court of Virginia · 1807
- Ammonett v. HarrisSupreme Court of Virginia · 1807
- Bullock v. Goodall & CloughCourt of Appeals of Virginia · 1801
6 more not listed; retrieve them via the Exa API.