Graham v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Wise county. In this case the accused was convicted of murder in the first degree and sentenced to be confined in the State penitentiary for life. The deceased, George Nuckols, was a sergeant or policeman of the municipal corporation of the town of Coebum, in Wise county, Virginia.
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Error to a judgment of the Circuit Court of Wise county. In this case the accused was convicted of murder in the first degree and sentenced to be confined in the State penitentiary for life. The deceased, George Nuckols, was a sergeant or policeman of the municipal corporation of the town of Coebum, in Wise county, Virginia. On complaint of her husband, George W. Rúcker, who was more or less under the influence of liquor at the time, the deceased, without a warrant, arrested Mrs. Rucker, who was a sister of the accused, on the charge of shooting the husband. The arrest was made at night in…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
There are six assignments of error which will be disposed of in their order as stated below.
[1] 1. That the court below erred, “In’ overruling the motion of petitioner for a continuance of the case on account of the absence of material witnesses who had been duly summoned and were not in attendance on the court.”
The testimony of these witnesses, as appears from the record, would have tended, at most, only to show that the deceased was actuated in what he did in the arrest and the taking of Mrs. Rucker…
2Cases cited5 opinions
- Bowles v. CommonwealthSupreme Court of Virginia · 1904
- Sisler v. ShafferWest Virginia Supreme Court · 1897
- Muse v. SternSupreme Court of Virginia · 1886
- Fuller v. ValiquetteSupreme Court of Vermont · 1898
- McIntyre v. WhiteSupreme Court of Alabama · 1899
3Cited by17 opinions
- Suhay v. United StatesCourt of Appeals for the Tenth Circuit · 1938
- Roy v. CommonwealthSupreme Court of Virginia · 1951
- Davis v. McCallSupreme Court of Virginia · 1922
- Hodges v. CommonwealthCourt of Appeals of Virginia · 2005
- Lockhart v. CommonwealthCourt of Appeals of Virginia · 1994
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