Legal Opinion

Smith v. Commonwealth

Supreme Court of Virginia

Decided November 14, 1935PublishedCited by 15 opinions

1Opinion of the CourtHolt, J.

The plaintiff in error, James A. Smith, stands convicted of murder in the second degree and has been sentenced to five years’ confinement in the penitentiary. His claim here is that the evidence does not support the verdict and that the trial court erred in refusing certain instructions.

*778On the morning of November 26,1934, he shot and killed his neighbor, Peter Cook.

About six years ago Smith moved into that community. His home was within two or three hundred yards of Peter Cook’s home. Peter Cook’s son, Luther, lived with him. Another son, Roy Cook, lived about six or seven hundred yards away…

2Cases cited7 opinions

  1. P. Lorillard Co. v. ClaySupreme Court of Virginia · 1920
  2. Dodson v. CommonwealthSupreme Court of Virginia · 1933
  3. James v. PowellSupreme Court of Virginia · 1930
  4. James v. HaymesSupreme Court of Virginia · 1933
  5. Pauley v. CommonwealthSupreme Court of Virginia · 1928

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3Cited by15 opinions

  1. Martin v. CommonwealthCourt of Appeals of Virginia · 1992
  2. Harlow v. CommonwealthSupreme Court of Virginia · 1953
  3. Morgen Industries, Inc. v. VaughanSupreme Court of Virginia · 1996
  4. Newton v. City of RichmondSupreme Court of Virginia · 1957
  5. Ross v. SchneiderSupreme Court of Virginia · 1943

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