Jones v. Commonwealth

Decided October 4, 1867

Supreme Court of Virginia · decided 1867-10-04

This was an indictment in the Circuit court of the county of Powhatan against Randolph Jones, a freedman, for stealing six hogs, the property of Blair Burwell. On the trial the prisoner was found guilty, and the term of his imprisonment in the penitentiary was fixed at three years. He thereupon moved the court for a new trial, on the ground that the verdict was contrary to the evidence; hut the court overruled the motion, and rendered a judgment upon the verdict.

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Decided 1867-10-04

How this case has been cited

Cited by 29 later decisions — most recently August 2013 · most notably Morgan v. Devine (1915), Pereira v. Pereira (1909)

2 federal appellate · 26 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Moncure, P.

¶1delivered the opinion of the court:

¶2The court is of opinion that while the facts certified may be sufficient to raise a strong suspicion that a part of the meat found in the possession of the prisoner or his wife was stolen property, they do not identify it as part of the hogs supposed to have been stolen from Blair Bur-well ; but on the contrary tend to show that it was not a part of the said hogs; and that the Circuit court therefore erred in overruling the prisoner’s motion for a new trial: Therefore it is considered that the said judgment be reversed and annulled. And this court proceeding to give such judgment as the said Circuit court ought to have given, it is further considered that the verdict of the jury be set aside. And the cause is remanded to the said Circuit court for a new trial to be had therein: which is ordered to be certified to the said Circuit court of Powhatan county.

¶3JüDSMENT REVERSED.