Benton v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Fauquier county rendered December 14, 1894, affirming the judgment of the County Court of said county rendered October 4, 1894, whereby the plaintiff in error was sentenced to confinement in the penitentiary for three years and six months. The offence for which the plaintiff in error was indicted was committed March 17, 1891, and he has been four times tried and convicted.
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Error to a judgment of the Circuit Court of Fauquier county rendered December 14, 1894, affirming the judgment of the County Court of said county rendered October 4, 1894, whereby the plaintiff in error was sentenced to confinement in the penitentiary for three years and six months. The offence for which the plaintiff in error was indicted was committed March 17, 1891, and he has been four times tried and convicted. The offence was committed in Loudoun county, and the plaintiff in error was indicted in the County Court of that county August 8, 1892. At September term, 1892, he was tried and…
1Opinion of the CourtRiely, J.
The plaintiff in error, D. W. Benton, was jointly indicted with others in the County Court of Loudoun county at its August term, 1892, under section 3706 of the Code, for housebreaking in the night time with intent to commit larceny. He was convicted upon the indictment, and upon a writ of error to this court a new trial was awarded him, on the ground that improper testimony had been admitted against him by the trial court. Benton v. Commonwealth, 89 Va. 570. He was again convicted, and a new trial was again granted him by this court, because the case had been erroneously continued at one…
2Cases cited10 opinions
- Cluverius v. CommonwealthSupreme Court of Virginia · 1886
- Briggs v. CommonwealthSupreme Court of Virginia · 1886
- Benton v. CommonwealthSupreme Court of Virginia · 1893
- Benton v. CommonwealthSupreme Court of Virginia · 1893
- Stuart v. CommonwealthSupreme Court of Virginia · 1877
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3Cited by40 opinions
- Butts v. CommonwealthSupreme Court of Virginia · 1926
- Jones v. CommonwealthSupreme Court of Virginia · 1967
- Claude O. Jones, Jr. v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
- Pine v. CommonwealthCourt of Appeals of Virginia · 1917
- State v. KeefeWyoming Supreme Court · 1908
35 more not listed; retrieve them via the Exa API.