McDaniel v. Commonwealth

Decided March 15, 1883

Supreme Court of Virginia · decided 1883-03-15

<p>Error to judgment of circuit court of Amherst, rendered 12th July, 1882, refusing a new trial to Frederick McDaniel, who was during same term convicted of murder in the first degree, of J. C. Garter, and sentenced to he hanged. Opinion fully states the facts.</p>

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Decided 1883-03-15

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Cited by 17 later decisions — most recently December 2004

17 state decisions

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Lewis, P., and Lacy, J.,

¶1dissented.

¶2The order was as follows:

¶3This day came again as well the plaintiff in error by his counsel, as the attorney-general on behalf of the commonwealth, and the court having maturely considered the transcript of the record of the judgment aforesaid and the arguments' of counsel, is of opinion, for reasons stated in writing and filed with the record, that the judgment of the said circuit court is erroneous in refusing to set aside the verdict of the .jury and to grant a new trial to the plaintiff in- error.

¶4■ It is therefore considered by the court that the said judgment be reversed and annulled, the verdict of the jury set aside, and a new trial awarded the plaintiff in error.

¶5Which is ordered to he certified to the said circuit court of the county of Amherst.

¶6Eeveksed.