Muscoe v. Commonwealth
Supreme Court of Virginia
Error to judgment of corporation court of city of Oliarlottes-AÚlle, whereby the prisoner, William Muscoe, Ai^as sentenced to he hanged for the murder of G-. T. Seal on the 31st day of December, 1888. The deceased Avas a policeman of the said city, and was in the act of arresting the prisoner without a warrant for- a misdemeanor, not committed in his presence, when the prisoner shot him with a pistol, which caused his death a few minutes afterwards.
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Error to judgment of corporation court of city of Oliarlottes-AÚlle, whereby the prisoner, William Muscoe, Ai^as sentenced to he hanged for the murder of G-. T. Seal on the 31st day of December, 1888. The deceased Avas a policeman of the said city, and was in the act of arresting the prisoner without a warrant for- a misdemeanor, not committed in his presence, when the prisoner shot him with a pistol, which caused his death a few minutes afterwards. Upon firing the fatal shot the prisoner fled, and was apprehended the following day near Barboursville, in Orange county, as he was malting his…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
We are of opinion that by its third and fourth instructions the corporation court misdirected the jury, and that for this error the judgment must be reversed, and a new trial awarded-
The third instruction is erroneous, because there was no “ legal ordinance of the city ” empowering the deceased to arrest the prisoner without a warrant for a misdemeanor not committed iu his view, and the instruction was, therefore, calculated to mislead and confuse the jury. The seventh ordinance, relating to vagrants, may ■ be laid out of view, as the charge upon…
2Cases cited9 opinions
- Thomson v. Lee CountySupreme Court of the United States · 1866
- Briggs v. CommonwealthSupreme Court of Virginia · 1886
- President of Odell v. SchroederIllinois Supreme Court · 1871
- Honesty v. CommonwealthSupreme Court of Virginia · 1886
- Roberts v. StateSupreme Court of Missouri · 1851
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3Cited by37 opinions
- Sims v. CommonwealthSupreme Court of Virginia · 1922
- Commonwealth v. PhelpsMassachusetts Supreme Judicial Court · 1911
- White v. BarnesSupreme Court of Virginia · 1924
- Winston v. CommonwealthSupreme Court of Virginia · 1948
- State v. ClarkWest Virginia Supreme Court · 1908
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