Brooks v. Commonwealth
General Court of Virginia
On the 18th of April 1829, Elijah W. Brooks, having been convicted, in ¡.he superior court of law for Rockbridge county, of murder in the second degree, was sentenced by the court to imprisonment in the penitentiary for twelve years, the period ascertained by the jury in their verdict.
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On the 18th of April 1829, Elijah W. Brooks, having been convicted, in ¡.he superior court of law for Rockbridge county, of murder in the second degree, was sentenced by the court to imprisonment in the penitentiary for twelve years, the period ascertained by the jury in their verdict. On the 28th of May 1842, Elijah Anderson, having been convicted, in the circuit superior court of law and chancery for Kanawha county, of grand larceny, was sentenced by that court to imprisonment in the penitentiary for two years, the period ascertained by the jury in their verdict. On the 22d of July 1842,…
1Opinion of the Court
SMITH, J.,
delivered the opinion of the court. — The petitioner assigns two errors, as cause to entitle him to a reversal of the judgment of the circuit court: 1st. that the case was continued by the circuit court in his absence and without his consent; 2. that he was denied the right of peremptory challenge to the jurors sworn to enquire whether he was the same identical person mentioned in the several records of conviction.
As to the first point it may be remarked, that it is only where a party is ruled into trial improperly, that an error of the court in deciding on a motion for a…
2Cases cited13 opinions
- Nicholas v. CommonwealthSupreme Court of Virginia · 1895
- State v. BakerWest Virginia Supreme Court · 1889
- Fry v. County of AlbemarleSupreme Court of Virginia · 1890
- McBride v. CommonwealthSupreme Court of Virginia · 1898
- George v. PilcherSupreme Court of Virginia · 1877
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