Glover v. Commonwealth
Supreme Court of Virginia
Error to judgment of the judge of the circuit court of Appomattox county, rendered December 19, 1888, refusing a writ of error to judgment of county court of said county, rendered August 9, 1888, in an indictment against the plaintiff in error, William Glover. The prisoner was indicted at the October term, 1888, of the county court of Appomattox county, for a rape on Bertha Wright, a' female child under twelve years of age.
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Error to judgment of the judge of the circuit court of Appomattox county, rendered December 19, 1888, refusing a writ of error to judgment of county court of said county, rendered August 9, 1888, in an indictment against the plaintiff in error, William Glover. The prisoner was indicted at the October term, 1888, of the county court of Appomattox county, for a rape on Bertha Wright, a' female child under twelve years of age. He was held to answer an indictment for the offence in the said court on the second day of its August term of the same year, but was not indicted until the October term,…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
Among the exceptions taken by the prisoner at the trial was one to the refusal of the court to instruct the jury as follows: “If the jury believe from the evidence that the prisoner at the bar intended to commit a rape on the prosecutrix, Berta Wright, but before the act was finally executed, he voluntarily and freely abandoned it, they are to find a verdict of not guilty.”
This exception is not well taken. To have given the instruction, would have been equivalent to telling the jury that upon an indictment for rape, the accused cannot be legally…
2Cases cited5 opinions
- Lewis v. StateSupreme Court of Alabama · 1860
- Mings v. CommonwealthSupreme Court of Virginia · 1889
- Hall v. CommonwealthSupreme Court of Virginia · 1884
- Commonwealth v. Harris & HickmanSupreme Court of Virginia · 1850
- Jones v. CommonwealthSupreme Court of Virginia · 1868
3Cited by55 opinions
- Jay v. Com.Supreme Court of Virginia · 2008
- State v. HuffmanWest Virginia Supreme Court · 1955
- State v. CarnagySupreme Court of Iowa · 1898
- Kibler v. CommonwealthSupreme Court of Virginia · 1897
- Granberry v. CommonwealthSupreme Court of Virginia · 1946
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