Bailey v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Giles county refusing writ of error to judgment of county court, sentencing Joseph A. Bailey, whom the jury had found guilty of rape, to ten years confinement in the penitentiary. Prisoner’s motion for a newr trial being overruled, he excepted and obtained a writ of error and supersedeas from one of the judges of this court.
1Opinion of the CourtLacy, J.
The charge is that in the night time the plaintiff in error entered the bed of his fourteen year old step-daughter, which *110was situated in a room in'which, three other small children were sleeping, the largest eight or ten years old; that there were no other persons in the house, the wife of the prisoner and the mother of the prosecutrix being absent at a party in the neighborhood, to which, with an older daughter, she had been escorted by her husband, the prisoner; that the prosecutrix forbid the prisoner from getting into bed with her, but made no further resistance; “.that the prisoner held…
2Cited by44 opinions
- Alfred Coles v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1968
- Wactor v. CommonwealthCourt of Appeals of Virginia · 2002
- Sutton v. CommonwealthSupreme Court of Virginia · 1985
- State v. BabyCourt of Appeals of Maryland · 2008
- State v. BradyWest Virginia Supreme Court · 1927
39 more not listed; retrieve them via the Exa API.