Byrd v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Louisa county, rendered October 10th, 1892, refusing writ of error to judgment of county court of said county, rendered July 22d, 1892, whereby the plaintiff in error, John Byrd, was, in accordance with the verdict of the jury finding him guilty of voluntary manslaughter of one Zach. Lewis, sentenced to imprisonment in the penitentiary for one year.
1Opinion of the CourtLacy, J.
The assignments of error here are, first, to the refusal of the court to set aside the verdict and grant to the accused a new trial upon the ground that the verdict is contrary to the law and the evidence; and secondly, to the giving and the refusing of certain instructions by the trial court.
The evidence, as certified, was, briefly, as follows:
*537On Sunday, December 13th, 1891, some boys, of whom the plaintiff in error (who was fifteen or sixteen years of age) was one, engaged in playing base-ball in the said county of Louisa. The plaintiff in error was the leader of one nine, and one Zach.…
2Cases cited1 opinion
- Stoneman v. CommonwealthSupreme Court of Virginia · 1874
3Cited by23 opinions
- Commonwealth v. SandsSupreme Court of Virginia · 2001
- Com. v. CarySupreme Court of Virginia · 2006
- State v. LawsonWest Virginia Supreme Court · 1945
- Fortune v. CommonwealthSupreme Court of Virginia · 1922
- Rhodes v. CommonwealthCourt of Appeals of Virginia · 2003
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