Legal Opinion

Spurgeon v. Commonwealth

Supreme Court of Virginia

Decided March 13, 1890PublishedCited by 12 opinions

Error to judgment of the judge of circuit court of Russell county, in vacation, affirming judgment of county court of said county, rendered at its March term, 1887, whereby plaintiff in error was sentenced, in accordance with the verdict of the jury, to confinement in the penitentiary for a term of twenty years for the alleged carnal knowledge of a female child under twelve years of age.

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court.

The proceedings in this case appear to have been very irregularly conducted, hut no objection, on that ground, appears to have been made by the accused in the county court.

There are copied into the record what purport to be three writs of venire facias. The first bears date February 25th, 1887, and commands the sheriff to summon “ sixteen good and lawful jurors,” whose names are given, to appear on the first day of the March term. But it does not recite, nor does it appear from the record, by whom the list of names was furnished.

By the statute in…

2Cases cited5 opinions

  1. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  2. People v. M'KayNew York Supreme Court · 1820
  3. Hall v. CommonwealthSupreme Court of Virginia · 1885
  4. Wash v. CommonwealthSupreme Court of Virginia · 1861
  5. Richards v. CommonwealthSupreme Court of Virginia · 1885

3Cited by12 opinions

  1. State v. TaylorWest Virginia Supreme Court · 1905
  2. Noell v. CommonwealthSupreme Court of Virginia · 1923
  3. State v. ClarkWest Virginia Supreme Court · 1902
  4. Jones v. CommonwealthSupreme Court of Virginia · 1890
  5. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851

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