Leath v. Commonwealth
Supreme Court of Virginia
At the December term, 1878, of the hustings court of the city of Kichmond, Thomas G. Leath was indicted for gaming. The indictment contained two counts. The defendant demurred to the indictment; but the court overruled the demurrer; and he then pleaded not guilty.
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At the December term, 1878, of the hustings court of the city of Kichmond, Thomas G. Leath was indicted for gaming. The indictment contained two counts. The defendant demurred to the indictment; but the court overruled the demurrer; and he then pleaded not guilty. On the trial, the jury found him guilty, and assessed his fine at $500. He thereupon moved for a new trial, on the ground that the verdict was contrary to the law and the evidence; but the court overruled the motion, and rendered a judgment for the fine, and added ten months imprisonment. To the refusal of the court to grant him a…
1Opinion of the Court
Burks, J.,
delivered the opinion of the court..
This is a writ of error to a judgment of the hustings court of the city of Richmond.
There was a demurrer to the indictment, which was overruled, and this action of the court is assigned as the first error.
The indictment was for a violation of the provisions of the statute as contained in the first section of chapter 194, Code of 1873.
There were two counts. The first oharges “that Thomas G. Leath, (the plaintiff in error), within twelve months last past, in the year one thousand eight hundred and seventy-eight, at the said city, (Richmond), and…
2Cases cited5 opinions
- Hinkle v. CommonwealthCourt of Appeals of Kentucky · 1836
- State v. FletcherSupreme Court of Missouri · 1853
- State v. SlocumIndiana Supreme Court · 1847
- Grayson v. CommonwealthSupreme Court of Virginia · 1850
- State v. RingerIndiana Supreme Court · 1841
3Cited by2 opinions
- State v. HenaghanWest Virginia Supreme Court · 1914
- Morganstern v. CommonwealthSupreme Court of Virginia · 1896