Muscoe v. Commonwealth
Supreme Court of Virginia
Error to judgment of corporation court of city of Charlottesville, rendered at the February term, 1890, on an indictment against the plaintiff in error, William Muscoe, for the murder of G. T. Seal. This is the sequel to the case of Muscoe v. Commonwealth, 86 Va., 443. On former appeal, judgment was reversed and a new trial awarded for errors in the third and fourth instructions given by the trial court.
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Error to judgment of corporation court of city of Charlottesville, rendered at the February term, 1890, on an indictment against the plaintiff in error, William Muscoe, for the murder of G. T. Seal. This is the sequel to the case of Muscoe v. Commonwealth, 86 Va., 443. On former appeal, judgment was reversed and a new trial awarded for errors in the third and fourth instructions given by the trial court. The prisoner was again tried and found guilty of murder in the first degree, and sentenced to be hanged therefor March 24th, 1890. Thereupon prisoner obtained a writ of error. Opinion states…
1Opinion of the CourtHinton, J.
In this petition several grounds of error are set out, which will be considered in the order of presentation.
Of these assignments of error, the first and most important is based upon the action of the corporation court in overruling the prisoner’s motion for a change of venue. After he had been arraigned, and had submitted a motion for a change of venire, which was overruled, he moved for a change of venue, and in support thereof filed his affidavit with certain exhibits. In his affidavit, he expressed the belief that there existed such prejudice against him in the city of Charlottesville and…
2Cases cited4 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- Briggs v. CommonwealthSupreme Court of Virginia · 1886
- Muscoe v. CommonwealthSupreme Court of Virginia · 1890
- Hall v. CommonwealthSupreme Court of Virginia · 1885
3Cited by16 opinions
- State v. LutzWest Virginia Supreme Court · 1919
- State v. WeltyWashington Supreme Court · 1911
- Tizon v. CommonwealthCourt of Appeals of Virginia · 2012
- Rasnake v. CommonwealthSupreme Court of Virginia · 1923
- State v. MedleyWest Virginia Supreme Court · 1909
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