Henderson v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Rockingham county, rendered Hovember 1, 3899, affirming the judgment of the County Court of said county on a prosecution of the plaintiff in error for housebreaking. The plaintiff in error was indicted for breaking and entering, in the nighttime, “a certain storehouse, the property of P. F. Spitzer and Gr. W. Hess, partners doing business under the firm name of Spitzer & Hess,” with intent to commit larceny.
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Error to a judgment of the Circuit Court of Rockingham county, rendered Hovember 1, 3899, affirming the judgment of the County Court of said county on a prosecution of the plaintiff in error for housebreaking. The plaintiff in error was indicted for breaking and entering, in the nighttime, “a certain storehouse, the property of P. F. Spitzer and Gr. W. Hess, partners doing business under the firm name of Spitzer & Hess,” with intent to commit larceny. The evidence of P. F. Spitzer, a witness for the Commonwealth, is: “ I am engaged in the stationery business, in the firm of Spitzer & Hess, on…
1Opinion of the CourtHarrison, J.
The couid is of opinion that there was no error in permitting the witnesses Long and Dwyer to answer the questions set forth in the first and second bills of exception. The prisoner was charged with breaking and entering, in the nighttime, a certain storehouse with intent to commit larceny. The proof showed that money was stolen from the store, and the witnesses in question were asked if the prisoner had made any statement about the money found in his possession when he was arrested. In answer to this question, it appeared that the prisoner had stated that the money was stolen from the store…
2Cases cited2 opinions
- Gravely v. CommonwealthSupreme Court of Virginia · 1889
- Hoback v. CommonwealthSupreme Court of Virginia · 1877
3Cited by13 opinions
- Karnes v. CommonwealthSupreme Court of Virginia · 1919
- State v. BroadnaxSupreme Court of Louisiana · 1950
- Williams v. CommonwealthSupreme Court of Virginia · 1952
- Martin v. CommonwealthSupreme Court of Virginia · 1954
- Myers v. CommonwealthSupreme Court of Virginia · 1922
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