M'Whirt's Case
General Court of Virginia
The prisoners were jointly indicted with one Franklin Powell, for the murder of William Martin, at the May term 1846, of the Superior Court of iSpottsylvania. When they had been arraigned, and had pleaded, they claimed to be tried separately; which was accordingly directed.
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The prisoners were jointly indicted with one Franklin Powell, for the murder of William Martin, at the May term 1846, of the Superior Court of iSpottsylvania. When they had been arraigned, and had pleaded, they claimed to be tried separately; which was accordingly directed. And, thereupon, the venire facias which had been awarded for summoning twenty-four jurors for the joint trial of the three, was quashed, and a new venire facias was awarded for a jury for the trial of each, separately. In each case, after the jury was sworn, the clerk charged them in the usual form. This charge first…
1Opinion of the CourtLomax, J.
This is an application for a writ of error, to a judgment of the Circuit Court of Spottsylvania, overruling a motion for a new trial, made in that Court in behalf of the prisoner, who had been convicted of murder in the second degree; and whose term of imprisonment in the penitentiary was fixed by the verdict to fifteen years. The motion was made partly because of certain'alleged irregularities in the proceedings of the Circuit Court, which, as is alleged, vacated the finding of the jury; and partly upon the merits.
The prisoner had been jointly accused with a certain William FI. Ferguson and…
2Cases cited1 opinion
- Commonwealth v. GableSupreme Court of Pennsylvania · 1821
3Cited by17 opinions
- Sims v. CommonwealthSupreme Court of Virginia · 1922
- Raymond v. BlancgrassMontana Supreme Court · 1908
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Roark v. CommonwealthSupreme Court of Virginia · 1944
- Shackelford v. CommonwealthSupreme Court of Virginia · 1945
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