Stuart v. Commonwealth
Supreme Court of Virginia
Kobert Stuart was indicted in the county court of Washington at the July term 1876, for “unlawfully, maliciously and feloniously” assaulting one Leander Gralliher, with intent to “maim, disfigure, disable and kill” him. There were two counts in the indictment, both charging the same offence. The second count was more specific as to the weapon used in the assault.
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Kobert Stuart was indicted in the county court of Washington at the July term 1876, for “unlawfully, maliciously and feloniously” assaulting one Leander Gralliher, with intent to “maim, disfigure, disable and kill” him. There were two counts in the indictment, both charging the same offence. The second count was more specific as to the weapon used in the assault. The defendant demurred to the indictment; which was overruled, and the trial proceeded with on the plea of “ not guilty” at that term. At that trial a verdict was found in these words: “ We, of the jury, find the defendant guilty of…
1Opinion of the CourtStaples, J.
It is well settled law in this state, that where there are several counts in an indictment, and the jury find the accused guilty upon one of the counts, saying nothing as to the others, the verdict operates as an acquittal upon the counts of which the verdict takes no notice, and the court should enter a judgment accordingly. Lithgow v. Com., 2 Va. Cases 297; Page v. Com., 9 Leigh 683; Canada’s case, 22 Gratt. 899; Page’s case, 26 Gratt. 943. It may be regarded as equally well settled, that in such case if the accused applies for and obtains a new trial, he does not thereby waive the…
2Cases cited3 opinions
- Hurt v. StateMississippi Supreme Court · 1872
- Canada v. CommonwealthSupreme Court of Virginia · 1872
- Page v. CommonwealthSupreme Court of Virginia · 1875
3Cited by16 opinions
- Briggs v. CommonwealthSupreme Court of Virginia · 1886
- Benton v. CommonwealthSupreme Court of Virginia · 1895
- State v. WilliamsSupreme Court of New Jersey · 1959
- State v. ThompsonMontana Supreme Court · 1891
- Cates v. CommonwealthSupreme Court of Virginia · 1910
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