Legal Opinion

McClung v. Weatherholtz

District Court, W.D. Virginia

Decided November 24, 1972No. Civ. A. 72-C-39-HPublishedCited by 5 opinions

1Opinion of the Court

OPINION

WIDENER, * Circuit Judge.

The petitioners were tried in the County Court of Rockingham County (a court not of record), convicted and fined $100 each for violation of § 18.1-173 of the Code of Virginia. 1 (The criminal trespass statute.) Upon appeal to the Circuit Court of Rockingham County (a court of record), they were tried by a jury, which found them guilty and fixed sentences as follows:

McClung — 9 months in jail and $1,000 fine

Rainey — 6 months in jail and $ 500 fine

Rochelle — 6 months in jail and $ 500 fine

The convictions in the Circuit Court were appealed to the Supreme Court of…

2Cases cited16 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Townsend v. SainSupreme Court of the United States · 1963
  3. Berger v. United StatesSupreme Court of the United States · 1935
  4. Patton v. United StatesSupreme Court of the United States · 1930
  5. Colten v. KentuckySupreme Court of the United States · 1972

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3Cited by5 opinions

  1. Richard Vines v. R. M. Muncy, Superintendent, James River Correctional Center, and the Attorney General of VirginiaCourt of Appeals for the Fourth Circuit · 1977
  2. United States v. BraunsteinDistrict Court, D. New Jersey · 1979
  3. Squire v. PaceDistrict Court, W.D. Virginia · 1974
  4. Chinitz v. Intero Real Estate ServicesDistrict Court, N.D. California · 2021
  5. United States v. GreeneDistrict Court, E.D. Virginia · 2001

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