Henderson v. Commonwealth
General Court of Virginia
At the April term 1850 of the Circuit court of Wood county, the grand jury found an indictment against George W. Henderson, for that he did break and enter the close of one Enos Pugh, situate in the county aforesaid, and at the house of said Enos Pugh did then and there wickedly, mischievously and maliciously, and to the terror and dismay of one Nancy Pugh, wife of said Enos Pugh, fire a gun in the porch of said house, and then and there did shoot and kill a dog belonging to…
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At the April term 1850 of the Circuit court of Wood county, the grand jury found an indictment against George W. Henderson, for that he did break and enter the close of one Enos Pugh, situate in the county aforesaid, and at the house of said Enos Pugh did then and there wickedly, mischievously and maliciously, and to the terror and dismay of one Nancy Pugh, wife of said Enos Pugh, fire a gun in the porch of said house, and then and there did shoot and kill a dog belonging to said house, without any legal authority, contrary to the form of the statute in such cases made and provided, and…
1Opinion of the CourtLomax, J.
It is abundantly clear that the mere breaking and entering the close of another, though in contemplation of law a trespass committed vi et armis, is only a civil injury to be redressed by action; and cannot be treated as a misdemeanor to be vindicated by indictment or public prosecution. But when it is attended by circumstances constituting a breach of the peace, such as entering the dwelling house with offensive weapons, in a manner to cause terror and alarm to the family and inmates of the house, the trespass is heightened into a public offence, and becomes the subject of a criminal…
2Cited by2 opinions
- Miller v. HarlessSupreme Court of Virginia · 1929
- Jernigan v. CommonwealthSupreme Court of Virginia · 1905