Miller v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Rockingham county, rendered April 20th, 1891, affirming a judgment of county court of said county, rendered September 20th, 1890, whereby the plaintiff in error, Mary Miller, was sentenced to confinement in jail for one month and twenty days and the payment of a tine of $17, in accordance with the verdict of the jury, empanneled to try a warrant for keeping a bawdy house, wherein she had on 14th April, 1890, been tried and convicted…
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Error to judgment of circuit court of Rockingham county, rendered April 20th, 1891, affirming a judgment of county court of said county, rendered September 20th, 1890, whereby the plaintiff in error, Mary Miller, was sentenced to confinement in jail for one month and twenty days and the payment of a tine of $17, in accordance with the verdict of the jury, empanneled to try a warrant for keeping a bawdy house, wherein she had on 14th April, 1890, been tried and convicted before a justice of the peace, from which judgment she had appealed. Before the county court she moved to quash the warrant…
1DissentLacy, J.
(dissenting), said:
I dissent from the opinion of the majority of the court delivered in this case for the following reasons :
The trial of the accused Avas under section 4106 of the Code of Virginia, which expressly proAÚdes that such an offence — ■ “ keeping a house of ill-fame” — shall be tried by a justice of peace, Avho is given jurisdiction to that end by the said section.
*625The plaintiff in error, Mary Miller, was accordingly tried by a justice of the peace having cognizance of the said offence, and convicted and fined $100 and sentenced to imprisonment in the county jail for six months.…
2Cases cited15 opinions
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Callan v. WilsonSupreme Court of the United States · 1888
- Walker v. SauvinetSupreme Court of the United States · 1876
- Edwards v. ElliottSupreme Court of the United States · 1874
- Steuart v. Mayor of BaltimoreCourt of Appeals of Maryland · 1855
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