Legal Opinion

Raymond Thomas Council v. Commonwealth

Supreme Court of Virginia

Decided September 4, 1956PublishedCited by 53 opinions

The opinion states the case.

1Opinion of the CourtWhittle, J.

On April 24, 1951, Council was convicted of rape in the Circuit Court of Princess Anne County and sentenced to life imprisonment. The order of conviction was regular except it contained the names of only eleven jurors; the name of Emerson Macon, allegedly the twelfth juror, being inadvertently omitted.

On July 1, 1955, the Commonwealth’s attorney, after due notice, moved the trial court to enter a nunc pro tunc order correcting the omission.1 Over the objection of the defendant the nunc pro tunc order was entered showing that Council had been tried and convicted by twelve jurors rather than…

2Cases cited18 opinions

  1. In Re WightSupreme Court of the United States · 1890
  2. Gagnon v. United StatesSupreme Court of the United States · 1904
  3. Barnes v. CommonwealthSupreme Court of Virginia · 1895
  4. Walker v. CommonwealthSupreme Court of Virginia · 1926
  5. State v. JefforsSupreme Court of Missouri · 1877

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3Cited by53 opinions

  1. Davis v. MullinsSupreme Court of Virginia · 1996
  2. School Board v. Caudill Rowlett Scott, Inc.Supreme Court of Virginia · 1989
  3. Cutshaw v. CutshawSupreme Court of Virginia · 1979
  4. Dorn v. DornSupreme Court of Virginia · 1981
  5. City of Ferguson v. NelsonSupreme Court of Missouri · 1969

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

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