Legal Opinion

Benton v. Commonwealth

Supreme Court of Virginia

Decided January 26, 1893PublishedCited by 16 opinions

Error to judgment of circuit court of Loudoun county, refusing a writ of error to judgment of the county court of said county, rendered at its November term, 1892, whereby the plaintiff in error, D. B. Benton, was, in accordance with the verdict of the jury in the trial of an indictment against him for breaking and entering a house in the night-time, with intent to steal, sentenced to'two years’ confinement in the penitentiary. Opinion states the case.

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court.

*571The plaintiff in error, D. W. Benton, was jointly indicted with Herbert Wilson and John Benton for house-breaking. The indictment charges a breaking and entering, in the nighttime, with intent to commit larceny, and the actual larceny of a quantity of mfeat, of the value of fifty dollars.

Upon this indictment Wilson was separately tried and convicted, the verdict being in these words : “ We, the jury, find the prisoner, Herbert Wilson, guilty as indicted, and fix the penalty at twelve months in the county jail, and a fine of five dollars”; and there…

2Cases cited7 opinions

  1. State v. MayberrySupreme Judicial Court of Maine · 1859
  2. Johnston v. StateSupreme Court of Missouri · 1841
  3. People v. WarCalifornia Supreme Court · 1862
  4. State v. SmithSupreme Judicial Court of Maine · 1851
  5. Canada v. CommonwealthSupreme Court of Virginia · 1872

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. DoyleSupreme Court of New Jersey · 1964
  2. United States v. Major Henry JohnsonCourt of Appeals for the Fourth Circuit · 1974
  3. Benton v. CommonwealthSupreme Court of Virginia · 1895
  4. State v. BrownWest Virginia Supreme Court · 1922
  5. People v. Superior CourtCalifornia Court of Appeal · 1931

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API