Speers v. Commonwealth
Supreme Court of Virginia
This was an indictment in the Circuit court of Albemarle county, found against Harrison Speers, a. freedman. The indictment contains two counts : The first charged that the prisoner on, &c., a certain meat-house, not adjoining to or occupied with the dwelling-house, of one Mrs. Nannie Garrett, there situate, in the night time, felo-niously did break and enter, with intent, &c., feloniously to steal, &c., and thirteen pieces of bacon of the value of thirty-one dollars and…
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This was an indictment in the Circuit court of Albemarle county, found against Harrison Speers, a. freedman. The indictment contains two counts : The first charged that the prisoner on, &c., a certain meat-house, not adjoining to or occupied with the dwelling-house, of one Mrs. Nannie Garrett, there situate, in the night time, felo-niously did break and enter, with intent, &c., feloniously to steal, &c., and thirteen pieces of bacon of the value of thirty-one dollars and fifty cents, of the property of said Nannie Garrett, then and there found, then and there did feloniously steal, take and…
1Opinion of the CourtRivids, J.
The indictment in this case contains two counts: The first charges the statutory offence of house-breaking, under the 12th and 13th sections of chap. 192 of the Code, alleging not only the intent to steal, but also the actual theft; the second is for the larceny alone. As to the goods, their value and ownership, the larceny is laid precisely alike in both counts. Moreover, the court certifies it as a part of the record of this case, “that the larceny of which the prisoner was convicted under the second count of the indictment against him, was the same larceny charged in the first count of the…
2Cited by11 opinions
- Benton v. CommonwealthSupreme Court of Virginia · 1895
- Bateman v. CommonwealthSupreme Court of Virginia · 1964
- State v. McClungWest Virginia Supreme Court · 1891
- Johnson v. CommonwealthSupreme Court of Virginia · 1904
- Butler v. CommonwealthSupreme Court of Virginia · 1885
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