Smith v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Henry county, rendered at its October term, 1888, on an indictment for rape against William Smith, the plaintiff in error, who was found guilty by the jury and sentenced by the trial court to confinement for a term of ten years in the penitentiary. Opinion states the case.
1Opinion of the CourtFauntleroy, J.
The first error assigned is to the action of the court in overruling the prisoner’s demurrer to the indictment. This assignment of error is not well taken. The indictment is in the words of the statute (section 3680, Code of 1887), and is in exact accordance with the law.
The second assignment of error is to the action of the court in sustaining the replication of the Commonwealth to the prisoner’s plea, averring that he had been held for trial more than four térros after the indictment had been found against him in the county court.
The record, which the prisoner avouched, shows that the fact…
2Cited by9 opinions
- State v. PattonSupreme Court of North Carolina · 1963
- Tyrrel v. StateIndiana Supreme Court · 1912
- State v. BarkerWest Virginia Supreme Court · 1922
- Lear v. CommonwealthSupreme Court of Virginia · 1953
- State v. MassieWest Virginia Supreme Court · 1913
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