Price v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Brunswick county. The indictment charges that the accused “did unlawfully dispense and give away ardent spirits,” naming the date and fixing the venue of the alleged offense.
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Error to a judgment of the Circuit Court of Brunswick county. The indictment charges that the accused “did unlawfully dispense and give away ardent spirits,” naming the date and fixing the venue of the alleged offense. There is but little, if any, conflict in the testimony in the case, and the material facts, as the jury were warranted in finding them, and the testimony of and for the accused, may be stated as follows: The accused is a justice of the peace and has held this office since 1911. On the date named in the indictment, the accused issued a search warrant for the premises of one…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
[1, 2] The questions raised by the assignments of error will be disposed of in their order, as stated below:
1. Was instruction No. 3 erroneous?
We are of opinion that this instruction correctly stated the law as applicable to this case.
As said in 23 Cyc. 574-5: “It is well settled that a judicial officer, when required to exercise his judgment or discretion, is not liable criminally for any error which he commits, provided he acts in good faith. But any judicial of*588ficer who acts corruptly is responsible…
2Cited by1 opinion
- Parker v. CommonwealthSupreme Court of Virginia · 1923