Overbee v. Commonwealth
Supreme Court of Virginia
Alexander H. Overbee was tried and convicted, in the circuit superior court of Lee county, at September term 1842, upon an indictment for forgery, and sentenced by the court to imprisonment in the penitentiary for two years, the term ascertained by the jury.
Read the full summary
Alexander H. Overbee was tried and convicted, in the circuit superior court of Lee county, at September term 1842, upon an indictment for forgery, and sentenced by the court to imprisonment in the penitentiary for two years, the term ascertained by the jury. After the verdict was rendered, he moved the court to set it aside and award him a new trial, upon the ground that Samuel V. Hargis, one of the jury which tried the cause, had improperly separated from his fellows pending the trial. This motion being overruled, he filed a bill of exceptions to the opinion of the court, wherein the facts…
1Opinion of the Court
“The judgment of the general court was as follows:
It seems to the court here, that the separation of the jury impaneled for the trial of this case, as set forth in the bill of exceptions, was sufficient cause for setting aside the verdict, and the circuit court ought accordingly to have set aside the same and granted a new trial: Therefore,” judgment reversed, verdict set aside, and cause remanded to circuit court for a new trial to be had therein upon the indictment.
LLIGH, TRY and WILSON, J., dissented.
2Cited by10 opinions
- State v. CartrightWest Virginia Supreme Court · 1882
- Younger v. StateWest Virginia Supreme Court · 1868
- Organ v. StateMississippi Supreme Court · 1872
- Boles v. StateMississippi Supreme Court · 1872
- Claiborne v. ParrishCourt of Appeals of Virginia · 1795
5 more not listed; retrieve them via the Exa API.