Jones v. Commonwealth

Decided December 15, 1842

Supreme Court of Virginia · decided 1842-12-15

<p>Assault and Imprisonment†—Under Color oí Warrant. —Case of an information against a justice of the peace, an informer, and a constable, for assaulting and imprisoning a party, under colour of a warrant of arrest for perjury, issued against him by the justice on the oath of the informer, and executed by the constable; wherein it was held by the general court, upon the evidence, that the information was not sustained as to the justice, but that the informer and constable were properly convicted and fined.</p>

Decided 1842-12-15

¶1The judgment of the general court was as follows:

“It seems to a majority of the court here, that the judgment of the circuit superior court is erroneous as to the plaintiff in error Archibald Forgay, but that there is no error therein as to the plaintiffs in error Samuel E. Jones and Philip Counts: Therefore it is considered that the said judgment, as to the said Archibald Forgay, *452be reversed and annulled; that the verdict, as to him, be set aside; and that the cause, as to him, be remanded to the said circuit superior court, for a new trial to be had therein upon the information according to law: and it is further considered that as to the said Samuel E. Jones and Philip Counts, the said judgment be affirmed, and that the commonwealth recover against them her costs about her defence in this court expended.”