Legal Opinion

Montgomery v. Commonwealth

Supreme Court of Virginia

Decided September 20, 1900PublishedCited by 17 opinions

Error to a judgment of tbe County Court of Rockbridge county, rendered July 6, 1900, whereby tbe plaintiff in error was sentenced to tbe penitentiary for tbe term of three years and six months. This case has once 'before been heard, in this court, ante p. 840. The facts of the case sufficiently appear in the opinion of the court.

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Error to a judgment of tbe County Court of Rockbridge county, rendered July 6, 1900, whereby tbe plaintiff in error was sentenced to tbe penitentiary for tbe term of three years and six months. This case has once 'before been heard, in this court, ante p. 840. The facts of the case sufficiently appear in the opinion of the court. The instructions offered by the prisoner and refused, and referred to in the opinions as “ Instructions 1, 2, 2| and 3i were as follows: “ 1. The court instructs the jury that taking all the testimony introduced in this case as true, there has not been established…

1Opinion of the CourtCardwell, J.

Plaintiff in error was convicted in the County Court of Rock-bridge county of maliciously and feloniously cutting and wounding one William E. Davidson, and sentenced, in accordance with *854the verdict of the jury, to confinement in the penitentiaiy for a term of four years, but upon a writ of error from this court, he was awarded a new trial. Ante p. 840'.

At the July term, 1900, of the County Court, the prisoner was again tried, convicted, and sentenced, in accordance with the verdict of the jury, to imprisonment in the penitentiary for the term of three and a half years; whereupon, he applied…

2Cases cited6 opinions

  1. Seaboard & Roanoke Railroad v. Joyner's Adm'rSupreme Court of Virginia · 1895
  2. New York, Philadelphia & Norfolk Railroad v. ThomasSupreme Court of Virginia · 1896
  3. Hansbrough v. Neal, Featherston & Co.Supreme Court of Virginia · 1897
  4. Montgomery v. CommonwealthSupreme Court of Virginia · 1900
  5. Kimball & Fink v. BordenSupreme Court of Virginia · 1897

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3Cited by17 opinions

  1. Sims v. CommonwealthSupreme Court of Virginia · 1922
  2. Limbaugh v. CommonwealthSupreme Court of Virginia · 1927
  3. Norfolk & Western Railway Co. v. Cromer's AdministratrixSupreme Court of Virginia · 1901
  4. Mazer v. CommonwealthSupreme Court of Virginia · 1925
  5. Montgomery v. CommonwealthSupreme Court of Virginia · 1901

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