Legal Opinion

Jarrell v. Commonwealth

Supreme Court of Virginia

Decided January 19, 1922PublishedCited by 16 opinions

Error to a judgment of the Circuit Court of Madison county. There was a trial by jury and the accused, the plaintiff in error in this case, was found guilty of murder in the second degree, as charged in the first count of the indictment, the verdict fixing his punishment at fifteen years in' the penitentiary. The judgment-under review was entered accordingly.

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Error to a judgment of the Circuit Court of Madison county. There was a trial by jury and the accused, the plaintiff in error in this case, was found guilty of murder in the second degree, as charged in the first count of the indictment, the verdict fixing his punishment at fifteen years in' the penitentiary. The judgment-under review was entered accordingly. The indictment in its charge of the murder was in the common law form' for murder, not expressly charging murder in the first degree. The first count of the indictment, under which the accused was tried and convicted, as aforesaid,…

1Opinion of the Court

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

The questions raised by the assignments of error will be disposed of in their order as stated below.

[1] 1. The first assignment of error is that the court erred in refusing to quash the indictment because it was in the common law form of an indictment for murder and did not expressly charge murder in the first degree.

We find no merit in this assignment of error.

Although a number of courts of other jurisdictions are not in accord with the Virginia court on this subject, and so eminent an authority as…

2Cases cited8 opinions

  1. Pine v. CommonwealthCourt of Appeals of Virginia · 1917
  2. Cluverius v. CommonwealthSupreme Court of Virginia · 1886
  3. Kibler v. CommonwealthSupreme Court of Virginia · 1897
  4. State v. PerryWest Virginia Supreme Court · 1896
  5. State v. HickamSupreme Court of Missouri · 1888

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Ward v. CommonwealthSupreme Court of Virginia · 1964
  2. Limbaugh v. CommonwealthSupreme Court of Virginia · 1927
  3. Palmer v. CommonwealthSupreme Court of Virginia · 1925
  4. Ballard v. CommonwealthSupreme Court of Virginia · 1931
  5. Orange v. CommonwealthSupreme Court of Virginia · 1950

11 more not listed; retrieve them via the Exa API.

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