Houston v. Commonwealth
Supreme Court of Virginia
Error to a judgment of circuit court of Pulaski county, rendered on the 11th day of December, 1889, affirming the judgment of the county court of said county rendered August 8th, 1889, upon an indictment jointly against Barney Cleaver and Henry Houston for the robbery of one Wm. Meyers. The indictment, stripped of its verbiage, is: “That Barney Cleaver and Henry Houston in said county, &c., feloniously made an assault upon one Wm.
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Error to a judgment of circuit court of Pulaski county, rendered on the 11th day of December, 1889, affirming the judgment of the county court of said county rendered August 8th, 1889, upon an indictment jointly against Barney Cleaver and Henry Houston for the robbery of one Wm. Meyers. The indictment, stripped of its verbiage, is: “That Barney Cleaver and Henry Houston in said county, &c., feloniously made an assault upon one Wm. Meyers, and feloniously put him in bodily fear by presenting fire-arms, which they then and there had and held, at him, and by feloniously striking and beating him,…
1Opinion of the CourtRichardson, J.
(after stating the case) delivered the opinion of the court.
Having examined the record with the care due to the importance of the case, we proceed to examine the grounds re*261lied upon by the plaintiff in error for the reversal of the judgment complained of.
The three first assignments of error—the refusal of the county court to sustain the prisoner’s demurrer to the indictment, the charge of the clerk to the jury, and the response made by Ihe county court to the inquiry of the jury, should be considered together. We are of opinion that the court did not err in overruling the demurrer.
The…
2Cases cited2 opinions
- People v. ShulerCalifornia Supreme Court · 1865
- Commonwealth v. HumphriesMassachusetts Supreme Judicial Court · 1810
3Cited by36 opinions
- Butts v. CommonwealthSupreme Court of Virginia · 1926
- Commonwealth v. HomerMassachusetts Supreme Judicial Court · 1920
- Falden v. CommonwealthSupreme Court of Virginia · 1937
- Jordan v. CommonwealthCourt of Appeals of Virginia · 1986
- O'Donnell v. PeopleIllinois Supreme Court · 1906
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