Bailey v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Prince William county, rendered 15th May, 1883, affirming judgment of county court of said county, rendered 14th December, 1882, against the plaintiff in error, Chapin Bailey, for a fine and the costs of an indictment against him, under criminal procedure of 1878-9, ch. 26, § 1, for obstructing a road.
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Error to judgment of circuit court of Prince William county, rendered 15th May, 1883, affirming judgment of county court of said county, rendered 14th December, 1882, against the plaintiff in error, Chapin Bailey, for a fine and the costs of an indictment against him, under criminal procedure of 1878-9, ch. 26, § 1, for obstructing a road. The indictment charged “ that Chapin Bailey, on the-day of July, 1881, in the county aforesaid, did unlawfully and injuriously put and place, and cause to be put and placed upon and across the common highway leading from Hickory Grove to the mountain road,…
1Opinion of the CourtFattntleroy, J.
Having stated the facts, the learned judge proceeded:
Ve are of opinion that the indictment under which the plaintiff in error was tried is defective and insufficient in law. The prosecution was for a statutory offence, under § 1, ch. 26, of the Criminal Eevision Acts of 1877-8, which says: “Any person who shall Jcnowingly and wilfully, without lawful authority, obstruct any road,” &c., &c. The indictment, in describing and charging the offence, says that “Chapin Bailey, on the-day of July, in the county aforesaid, did unlawfully aud injuriously put and place,” &c., &c. This, we think, is a…
2Cases cited2 opinions
- Commonwealth v. YoungSupreme Court of Virginia · 1860
- Howel v. CommonwealthGeneral Court of Virginia · 1848
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