Commonwealth v. Dabney

Decided June 15, 1842

General Court of Virginia · decided 1842-06-15

Case adjourned from the circuit superior court for the county of Henrico and city of Richmond. William B. Dahney, late the first teller of the bank of Virginia, was indicted in the said circuit court, upon the statute of February 24.1820, (Suppl. to Rev. Code, ch. 223. § 2. p. 278.) for felony in embezzling and fraudulently converting to his own use 4000 dollars of the money and bank notes of the bank, placed under his care and management by virtue of his office aforesaid.

Decided 1842-06-15

Douglass and Nicholas, J.

¶1dissented from both the

¶2foregoing opinions, and from the judgment of the court, which was as’follows—

¶3This court is of opinion, and doth decide,

¶4First, That if a particeps criminis, on the trial of one of the parties to the crime, called as a witness on the part of the commonwealth, voluntarily give evidence, and fully, candidly and impartially disclose all the circumstances attending the transaction, as well those which involve his own guilt as those which involve the guilt of others, he will yet have no right, which a court of law will recognize, to a pardon for his own guilt, and therefore he will have no right to demand from the court a continuance of his cause, until he can have an opportunity to apply to the executive for such pardon.

¶5Secondly, That the court ought in this case to overrule the motion.