Legal Opinion

Rudd v. Commonwealth

Supreme Court of Virginia

Decided March 16, 1922PublishedCited by 9 opinions

Error to a judgment of the Hustings Court of the city of Portsmouth. There was in this case a trial by jury, resulting in a verdict finding the accused guilty of selling ardent spirits, as charged in the indictment, and fixing his punishment at six months in jail and a fine of $500.00. The judgment under review was entered accordingly. There is no assignment of error which challenges the sufficiency of the evidence to support the verdict.

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Error to a judgment of the Hustings Court of the city of Portsmouth. There was in this case a trial by jury, resulting in a verdict finding the accused guilty of selling ardent spirits, as charged in the indictment, and fixing his punishment at six months in jail and a fine of $500.00. The judgment under review was entered accordingly. There is no assignment of error which challenges the sufficiency of the evidence to support the verdict. There is an assignment of error that the court erred in refusing to set aside the verdict and grant the accused a new trial, but that assignment is based…

1Opinion of the Court

Sims, J.,

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

*788The questions presented by the assignments of error, and not abandoned upon the oral argument, will be disposed of in their order as stated below.

[1] 1. Did the trial court err in overruling the motion of the accused for a change of venue, pursuant to section 4663 of the Code, on the ground that the case could not be fairly or impartially tried in, or by a jury from the city of Portsmouth, because of the hostile public feeling and prejudice existing in such city against the accused?

This question must…

2Cases cited7 opinions

  1. Bowles v. CommonwealthSupreme Court of Virginia · 1904
  2. Washington Luna Park Co. v. GoodrichSupreme Court of Virginia · 1910
  3. Looney v. CommonwealthSupreme Court of Virginia · 1913
  4. Joyce v. CommonwealthSupreme Court of Virginia · 1884
  5. Thompson v. CommonwealthSupreme Court of Virginia · 1921

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

3Cited by9 opinions

  1. Ballard v. CommonwealthSupreme Court of Virginia · 1931
  2. Atkinson v. NeblettSupreme Court of Virginia · 1926
  3. Wood v. CommonwealthSupreme Court of Virginia · 1926
  4. Evans v. CommonwealthSupreme Court of Virginia · 1933
  5. Maxwell v. CommonwealthSupreme Court of Virginia · 1937

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

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