Saunders v. Commonwealth
Supreme Court of Virginia
Error to judgment of the judge of the circuit court of Rockingharn county, rendered May 12th, 1882, refusing a writ of error to the judgment of the county court of said county, rendered January 21st, 1882, rejecting certain pleas tendered by the plaintiff in error, Virginius L. Saunders, to an indictment against him for petit larceny.
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Error to judgment of the judge of the circuit court of Rockingharn county, rendered May 12th, 1882, refusing a writ of error to the judgment of the county court of said county, rendered January 21st, 1882, rejecting certain pleas tendered by the plaintiff in error, Virginius L. Saunders, to an indictment against him for petit larceny. The pleas averred that the accused, before said indictment was found, had been put upon his trial upon a warrant charging him with the same offence as alleged in the indictment, before certain justices of said county having jurisdiction of the alleged offence;…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court:
The plaintiff in error was indicted in the county court of Eockingham county for petit larceny. He appeared and filed a plea of “once in jeopardy” for the same offence, which was after-wards, on the motio'n of the attorney for the commonwealth, stricken out by the court as insufficient in law. He thereupon tendered a second plea of the same nature, which the court rejected. And this action of the court he assigns as error.
From the transcript of the record which accompanies the petition, it does not appear that a final judgment has been pronounced…
2Cited by6 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- West v. CommonwealthSupreme Court of Virginia · 1995
- Sturgill v. CommonwealthSupreme Court of Virginia · 1940
- Read v. CommonwealthSupreme Court of Virginia · 1893
- Johnson v. CommonwealthSupreme Court of Virginia · 1996
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