Legal Opinion

Johnson v. Commonwealth

Supreme Court of Virginia

Decided March 17, 1904PublishedCited by 19 opinions

Error to a judgment of the Husting’s Court of the city of Portsmouth, sentencing the plaintiff in error to the penitentiary for four years upon conviction of forgery and uttering a forged will.

1Opinion of the Court

Harrison J.,

delivered the opinion of the court.

The accused was convicted of two offences: (1) For forging and (2) for uttering as true a writing purporting to he the last will and testament of his deceased wife. !n their verdict, the jury fixed the punishment at two years in the penitentiary for each offence.

The court is of opinion that there was no error in overruling the demurrer to the second and third counts of the indictment. If the first count was insufficient, as claimed—as to which we express no opinion—the failure to sustain the demurrer thereto resulted in no prejudice to the…

2Cases cited5 opinions

  1. Hanriot v. SherwoodSupreme Court of Virginia · 1884
  2. United States v. OrtizSupreme Court of the United States · 1900
  3. Speers v. CommonwealthSupreme Court of Virginia · 1867
  4. Hawley v. CommonwealthSupreme Court of Virginia · 1880
  5. Hansbrough v. StinnettSupreme Court of Virginia · 1874

3Cited by19 opinions

  1. Pine v. CommonwealthCourt of Appeals of Virginia · 1917
  2. Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
  3. Patmore v. StateTennessee Supreme Court · 1925
  4. Bateman v. CommonwealthSupreme Court of Virginia · 1964
  5. Adams v. RistineSupreme Court of Virginia · 1924

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