Legal Opinion

Simmons v. Commonwealth

Supreme Court of Virginia

Decided June 23, 1892PublishedCited by 13 opinions

Error to judgment of circuit court of Lee county, rendered April 3d, 1891, whereby the plaintiff in error, Gran. Simmons, was, in accordance with the verdict of the jury in the trial of the indictment against him for the murder in the first degree of one James Howell, sentenced to death by hanging. Opinion states the case.

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court.

There is copied into the record a' paper purporting to be an indictment found at the January term, 1891, of the county court of Lee county, charging the prisoner with the murder of the deceased, which was endorsed “ a true bill,” and signed by the foreman of the grand jury. The record then states that upon his arraignment in the county court the prisoner demanded to be tried in the circuit court; and there is also copied into the record an entry from the order-book of the circuit court, which is as follows :

*157“ This day Gran. Simmons, who stands…

2Cited by13 opinions

  1. Cunningham v. SmithSupreme Court of Virginia · 1964
  2. Renigar v. United StatesCourt of Appeals for the Fourth Circuit · 1909
  3. Hanson v. SmythSupreme Court of Virginia · 1944
  4. Donald Keith Epps v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2016
  5. Peak v. CommonwealthSupreme Court of Virginia · 1938

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