¶1The defendant, at April term 1836, pleaded not guilty; and a jury being impaneled to try the issue joined on that plea, found him guilty in manner and form as set forth in the information, and assessed his fine to five dollars. Whereupon he moved the court to arrest the judgment, “because there is no law in Virginia by which the offence charged in the information can be punished.” The court, with the consent of the defendant, adjourned to this court, for novelty and difficulty, the following questions: 1. Is the offence charged in the information punishable by any law in force in Virginia? 2. What judgment shall be given on the verdict?
8 Va. 719
Commonwealth v. Powell
Decided June 15, 1837
Supreme Court of Virginia · decided 1837-06-15
An information was filed against Seymour Powell, in the circuit superiour court of law and chancery for York county, at October term 1835, charging that the said Seymour Powell late of the county aforesaid, on the 20th *day of April 1835 and within six months next preceding the 2d day of May 1835, at the county aforesaid and within the jurisdiction of the said circuit superiour court, did knowingly and wilfully, without lawful authority, cut down and carry off a line tree…
Decided 1837-06-15