¶1delivered the resolution of the court—That the court, not considering the second reason assigned by the judge, in the bill of exceptions, for admitting the evidence objected to, as being an instruction to the jury, or indeed as having been stated to them at all, or as being excepted to by the defendant,—was of opinion, that the testimony was, for the other reason stated, properly admitted; and therefore, that the judgment be affirmed. Parker, Scott and Brown, J. dissented.
6 Va. 611
Kincanon v. Commonwealth
Decided December 15, 1835
Supreme Court of Virginia · decided 1835-12-15
At September term 1834, the grand jury made a presentment against Kincanon “ for unlawful gaming by playing at cards at the tavern of Samuel Ilooser, within six months last past, in the county of Smyth and within the jurisdiction of the court, upon the information of Alfred Atlcins.” The defendant pleaded not guilty.
Decided 1835-12-15