Mings v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Amelia county, rendered September 17th, 1888, at the trial of an indictment against James Mings for a rape, the jury having found him guilty of an attempt to commit rape and fixed his term of imprisonment in the State penitentiary at twelve years. The prisoner at the trial asked the court to give an instruction, which the court gave with an addition to which he objected.
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Error to judgment of circuit court of Amelia county, rendered September 17th, 1888, at the trial of an indictment against James Mings for a rape, the jury having found him guilty of an attempt to commit rape and fixed his term of imprisonment in the State penitentiary at twelve years. The prisoner at the trial asked the court to give an instruction, which the court gave with an addition to which he objected. And he moved the court to set aside the verdict and grant a new trial, hut the motion was denied. Thereupon the, prisoner excepted to these rulings of the court, which sentenced him…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The prisoner, who was indicted for rape, and convicted of an attempt to commit a rape, complains of the judgment of the lower court on three grounds:
1. The first is, that the circuit court erred at the trial in excluding certain evidence. It appears that the prosecutrix having testified that her father hated the prisoner, the latter offered to' prove by another witness the cause of such hatred, but the evidence was excluded, and the prisoner excepted. We think this ruling was correct. The fact sought to be proved was collateral to the point in…
2Cases cited4 opinions
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1870
- Bailey v. CommonwealthSupreme Court of Virginia · 1886
- Coleman v. CommonwealthSupreme Court of Virginia · 1887
- Boxley v. CommonwealthSupreme Court of Virginia · 1874
3Cited by21 opinions
- State v. HuffmanWest Virginia Supreme Court · 1955
- Wactor v. CommonwealthCourt of Appeals of Virginia · 2002
- Glover v. CommonwealthSupreme Court of Virginia · 1889
- State v. FranklinWest Virginia Supreme Court · 1953
- Jones v. CommonwealthSupreme Court of Virginia · 1979
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