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4 Va. 534

Burr v. Commonwealth

General Court of Virginia

Decided June 15, 1847

General Court of Virginia · decided 1847-06-15

The prisoner was indicted in the Circuit Court of Henrico and the City of Richmond, for larceny in stealing a gold watch, three five dollar notes of the Bank of Virginia, and two dollars in silver coin, the property of Benjamin F. Dabney.

Decided 1847-06-15

By the Court.

¶1The writ of error is refused.

¶2Lomax, Christian, Gholson and Scarburgh, J’s, dissented from the judgment refusing peremptorily at this time, the writ of error. Without meaning at this timte to express any opinion upon the sufficiency of the alleged errors to reverse the sentence of the Circuit Court, they deem it a proper case for a more solemn considera*536tion, after awarding the writ of error, and when the proceedings upon the writ shall have been matured. They do not regard the case so plain upon the record, that the prisoner should be precluded from such a consideration of the errors alleged.

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