Legal Opinion

Gray v. Commonwealth

Supreme Court of Virginia

Decided September 19, 1895PublishedCited by 19 opinions

Error to judgment of the Circuit Court of Botetourt county, rendered January 23, 1895, affirming the judgment of the County Court of said county, rendered November 16, 1894. The plaintiff in error was tried in the County Court of Botetourt on an indictment for murder, was found guilty of voluntary manslaughter, and sentenced to the penitentiary for five years. A writ of error was awarded by the Oircuit Court, and on the hearing the judgment of the County Court was affirmed.

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Error to judgment of the Circuit Court of Botetourt county, rendered January 23, 1895, affirming the judgment of the County Court of said county, rendered November 16, 1894. The plaintiff in error was tried in the County Court of Botetourt on an indictment for murder, was found guilty of voluntary manslaughter, and sentenced to the penitentiary for five years. A writ of error was awarded by the Oircuit Court, and on the hearing the judgment of the County Court was affirmed. To the judgment of the Circuit Court this writ of error was awarded. On the trial in the County Court the following…

1Opinion of the CourtRiely, J.

The prisoner was indicted in the County Court of Bote*775tourt county for the murder of John Barton.. At the November term, 1894, of the court he was tried and convicted of manslaughter, and the period of his confinement in the penitentiary fixed at five years.

During the progress of the trial the prisoner offered to prove that the deceased had made “ threats against him,” but, it appearing that they had not been communicated to the prisoner previous to the homicide, the court refused to admit the evidence. What the threats were which he proposed to prove the bill of exceptions does not disclose.…

2Cases cited4 opinions

  1. Honesty v. CommonwealthSupreme Court of Virginia · 1886
  2. Vaiden v. CommonwealthSupreme Court of Virginia · 1855
  3. Lewis v. CommonwealthSupreme Court of Virginia · 1884
  4. Bristow v. CommonwealthSupreme Court of Virginia · 1859

3Cited by19 opinions

  1. Washington Southern Railway Co. v. LaceySupreme Court of Virginia · 1897
  2. State v. LongWest Virginia Supreme Court · 1921
  3. Good v. DyerSupreme Court of Virginia · 1923
  4. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  5. Richardson v. CommonwealthSupreme Court of Virginia · 1920

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