Legal Opinion

Clark v. Commonwealth

Supreme Court of Virginia

Decided January 18, 1923PublishedCited by 23 opinions

1Opinion of the CourtBurks, J.

The accused was convicted of breaking and entering, a railroad car with intent to commit larceny and sentenced to confinement in the penitentiary for ten years.

The Attorney-General makes the objection that bill of exception No. 1, containing the evidence and the instructions of the court is no part of the record because it does not affirmatively appear to have been taken within the time prescribed by law, citing James v. Commonwealth, 133 Va. 723, 112 S. E. 761, and Kelly v. Trehy, 133 Va. 160, 112 S. E. 757. It was necessary for this to appear, but the record sufficiently shows that fact.…

2Cases cited8 opinions

  1. Winslow v. StateSupreme Court of Alabama · 1884
  2. Benton v. CommonwealthSupreme Court of Virginia · 1895
  3. Taylor v. CommonwealthSupreme Court of Virginia · 1893
  4. Kelly v. TrehySupreme Court of Virginia · 1922
  5. Palmer v. PeopleIllinois Supreme Court · 1891

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3Cited by23 opinions

  1. Jones v. CommonwealthSupreme Court of Virginia · 1967
  2. Claude O. Jones, Jr. v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
  3. John Lewis Snead v. W. Frank Smyth, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1959
  4. Cabbler v. CommonwealthSupreme Court of Virginia · 1971
  5. Bazemore v. CommonwealthCourt of Appeals of Virginia · 2004

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