Commonwealth v. Fells
Supreme Court of Virginia
Sidney Fells, a free man of colour, was indicted in the circuit superiour court of law and chancery for the county of Henrico and city of Richmond, for an assault upon William R. Geddy, a free white person, with intent to kill him ; an offence which, by the statute passed March 15, 1832 (Sess. Acts of 1831-2, ch. 22, § 6 ; Supplem. to Rev. Code, p. 247,) is made punishable with death.
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Sidney Fells, a free man of colour, was indicted in the circuit superiour court of law and chancery for the county of Henrico and city of Richmond, for an assault upon William R. Geddy, a free white person, with intent to kill him ; an offence which, by the statute passed March 15, 1832 (Sess. Acts of 1831-2, ch. 22, § 6 ; Supplem. to Rev. Code, p. 247,) is made punishable with death. On the 16th of May 1838, a jury being impanelled for the trial of the prisoner, and having heard the evidence, were sent out of court to consult of their verdict, and' after some time, not having agreed in a…
1Opinion of the Court
UPSHUR, J.,
delivered the opinion of the courlt. — This court is desirous at all times to decline the expression of any opinion upon points not necessarily involved in the particular case before it. The first question, which presents the case of a mere inability of the jury to agree in a verdict, is of this description. If the course pursued by the court below can derive its justification from the facts and circumstances which existed in the case as disclosed by the record, it is unnecessary and might be mischievous to enquire what would be the power of the court under a condition of things…
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