Pendleton v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Buckingham county. The accused was indicted for the murder of the deceased, Frank Raymond Barker. The indictment is in the form of an indictment for murder at common law. There was a trial by jury. The verdict of the jury found the accused guilty of murder in the second degree, as charged in the indictment, and fixed his punishment at ten years’ confinement in the penitentiary.
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Error to a judgment of the Circuit Court of Buckingham county. The accused was indicted for the murder of the deceased, Frank Raymond Barker. The indictment is in the form of an indictment for murder at common law. There was a trial by jury. The verdict of the jury found the accused guilty of murder in the second degree, as charged in the indictment, and fixed his punishment at ten years’ confinement in the penitentiary. The trial court entered judgment and sentenced the accused accordingly. The deceased was mortally wounded on the night of Sunday, August 29, 1920, a bright moonlight night,…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The following questions raised by the assignments of error will be disposed of in their order as stated below:
1. Does it appear from the evidence that the judgment under review is plainly wrong or without evidence to support it?
*689This question must be answered in the negative.
[1] It has been earnestly and ably argued before us in behalf of the accused that he was justified in shooting the deceased in order to put an end to his alleged lewd purpose toward and persistent attentions to Daisy Moss. But it…
2Cases cited14 opinions
- Sullivan v. StateSupreme Court of Alabama · 1893
- Boyle v. StateIndiana Supreme Court · 1884
- State v. . MacESupreme Court of North Carolina · 1896
- Darby v. StateSupreme Court of Georgia · 1887
- Gordon v. CommonwealthSupreme Court of Virginia · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. ButlerSupreme Court of New Jersey · 1958
- Connor v. StateCourt of Appeals of Maryland · 1961
- Kissic v. StateSupreme Court of Alabama · 1957
- Patterson v. StateCourt of Appeals of Maryland · 1975
- State v. LovelessWest Virginia Supreme Court · 1955
19 more not listed; retrieve them via the Exa API.