Legal Opinion

Early v. Commonwealth

Supreme Court of Virginia

Decided June 19, 1890PublishedCited by 38 opinions

Error to judgment of circuit court of Eranklin county refusing writ of error to judgment of county court of said county rendered December 14, 1889, whereby George Early was sentencecl to be hanged in accordance with the verdict of the jury at the trial of an indictment, against him, jointly with Bird "Woods, William Brown, Morgan Dickenson, and Hannie Woods, for arson.

1Opinion of the Court

Lewis, P.,

delivered the opiuion of the court.

The indictment was drawn under section 8695 of the Code, which, so far as it is material to the present case, enacts as follows :

“ If any person, in the night, maliciously burn the dwelling-house of another, or any boat or vessel or river craft, in which persons usually dwell or lodge, or any jail, or prison, or maliciously set fire to any thing, by the burning whereof such dwelling-house, boat, vessel, or river craft, jail, or prison, shall be burnt in the night, ho shall be punished -with death; but. if the jury find that at the time of…

2Cases cited2 opinions

  1. Hewitt v. CommonwealthSupreme Court of Virginia · 1867
  2. Coleman v. CommonwealthSupreme Court of Virginia · 1887

3Cited by38 opinions

  1. Claude O. Jones, Jr. v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
  2. Bunting v. CommonwealthSupreme Court of Virginia · 1967
  3. Parris v. CommonwealthSupreme Court of Virginia · 1949
  4. Campbell v. CommonwealthSupreme Court of Virginia · 1953
  5. Tegeler v. StateCourt of Criminal Appeals of Oklahoma · 1913

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