Walton v. Commonwealth
Supreme Court of Virginia
At the May term, 1877, of the county court of Fauquier county, James M. Walton was indicted for the larceny, in November, 1874, of three beef cattle, of the value of $90. On his first trial the jury found him guilty; but the court set aside the verdict. There were subsequently two trials, in which the juries could not agree and were discharged.
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At the May term, 1877, of the county court of Fauquier county, James M. Walton was indicted for the larceny, in November, 1874, of three beef cattle, of the value of $90. On his first trial the jury found him guilty; but the court set aside the verdict. There were subsequently two trials, in which the juries could not agree and were discharged. The fourth trial came on in May, 1878, when the jury found the prisoner guilty, and fixed the term of his imprisonment in the penitentiary at three years1; and the court sentenced him according to the verdict. The prisoner ^ereuPon applied to the judge…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court.
This is a writ of error to a judgment of the county court of Fauquier county, convicting the plaintiff in error of the larceny of three beef cattle, of the value each of thirty dollars, amounting in the whole to ninety dollars, awarded by a judge of this court after an application by the said plaintiff for such a writ had been denied by the judge of the circuit court of said oounty in vacation.
The principal question presented to this court for its decision in the case is, whether the county court erred in overruling the motion of the said…
2Cases cited3 opinions
- Hewitt v. CommonwealthSupreme Court of Virginia · 1867
- Higginbotham v. ChamberlayneSupreme Court of Virginia · 1815
- Roussell v. CommonwealthSupreme Court of Virginia · 1877
3Cited by8 opinions
- Norfolk & Western Railroad v. H. I. ShottSupreme Court of Virginia · 1895
- Phillips v. CommonwealthSupreme Court of Virginia · 1894
- Welch v. CommonwealthSupreme Court of Virginia · 1893
- Carter v. WhartonSupreme Court of Virginia · 1886
- Harman v. HoweSupreme Court of Virginia · 1876
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