Legal Opinion
McDaniel v. Commonwealth
Supreme Court of Virginia
Decided September 19, 1935PublishedCited by 5 opinions
1Opinion of the CourtHolt, J.
A jury has found the defendant, Clark McDaniel, guilty of housebreaking and has fixed his punishment at two years confinement in the penitentiary. That verdict the court confirmed.
A number of errors were assigned.
It is said that the indictment itself is defective in that it charges both a felony and a misdemeanor.
It reads:
“The Grand Jurors of the Commonwealth of Virginia, in and for the body of said county of Wise, and now attending said court at its October term, in the year 1933, upon their oaths do present that Arthur Amos and Clark McDaniel, on the .... day of......... 1933, with .... in…
2Cases cited15 opinions
- Karnes v. CommonwealthSupreme Court of Virginia · 1919
- Pine v. CommonwealthCourt of Appeals of Virginia · 1917
- McCue v. CommonwealthSupreme Court of Virginia · 1905
- Mitchell v. CommonwealthSupreme Court of Virginia · 1925
- Parsons v. ParkerSupreme Court of Virginia · 1933
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bryant v. CommonwealthSupreme Court of Virginia · 1949
- State v. MaxeySupreme Court of South Carolina · 1950
- State v. BairdWashington Supreme Court · 1939
- Fadely v. CommonwealthSupreme Court of Virginia · 1967
- Kline v. CommonwealthSupreme Court of Virginia · 1935