Legal Opinion

Commonwealth v. Pegram

General Court of Virginia

Decided June 15, 1829PublishedCited by 10 opinions

Henry D. Pegram was presented, in the circuit court of Henrico, in July 1825, for keeping and exhibiting a faro bank table.

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Henry D. Pegram was presented, in the circuit court of Henrico, in July 1825, for keeping and exhibiting a faro bank table. This offence was, at the time of the presentment, punishable by imprisonment in the common jail, an Pegram was not arrested until December 1829. And being then brought into court, he moved the court to direct the attorney for the commonwealth, to enter a nolle prosequi or a dismission of the presentment, on the ground, that the 4th section of tire act of 1827-8, above mentioned, as to all offences committed before the passing thereof, repealed the 17th section of the…

1Opinion of the CourtBrockenbrough, J.

In the case of Attoo v. The Commonwealth, 2 Virg. Ca. p. 382. it was decided, that where a new statute prescribes a new punishment for an offence, which had been previously punishable otherwise, and the new statute repeals all laws which come within its purview, but does not provide that offences committed before the operation of the new law, shall be punished under the old, such repeal operates as a discharge of all such offenders. But that case is very different from this. There the law repealed and annulled the punishment enacted before that time against the offenders: here the act of…

2Cited by10 opinions

  1. State v. HarveySupreme Court of North Carolina · 1972
  2. Grant v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1909
  3. Cisson v. United StatesCourt of Appeals for the Fourth Circuit · 1930
  4. Miles v. StateSupreme Court of Alabama · 1866
  5. State v. YoungSupreme Court of Louisiana · 1896

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