Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-11-19
THE SUPREME COURT.
SEVERAL IMPORTANT CASES DECIDED
BY IT YESTERDAY.
When Accused Nay Waive . Trial By
Jury-Ths culpeper Constable
Case, &c.

The case Of Mays rs. The Common
wealth was decided in the Court OF Appeals
yesterday. The case was briefly this:
The accused was indicted in the Corpo-
ration Court Of The city Of Lynchburg for
selling liquor to minors. He pleaded " no,
guilty." and, by consent OF the parties. a
jury was waived and the case submitted to
the Court. The Court found the defendant
guilty, and sentenced him to pay fine (;
vhereupou an appeal was taken.
The judgment OF the Corporation Court
was reversed on The ground thst il was not
competent for the defendant TO waive trta'
by jury. The Court held that while The
Legislature may authorize a party sccused
Of crime 10 waive trial by jury, yet that
no such authority has been conferred bY
the statutes oi isis case in criminal prose
cutions in the courts OF record OF the
State. and that consequently the judgment
complained Of was erroneous. The case
was accordingly remanded Tor a new trial.
Judge Lewis delivered The opinion.
THE MAN WHO KILLED TIE CONSTABLE.
Judge Lpcy delivered the opinion in Brigg.
as. The Commonw we-lth. which clme up
from The County Court of Cuipcper, where
the plain;if IN error was convicted Fe5ru'
ary, 1856. o; murder in the second degree.
The ca was briefly as follows During The
agricultural fair IN the town Of CulpepeT,
in 1855, the plaintiff in error and some
other youths, who belonged 20 the fair IN
various capacities, were on The streets In
the town IT night. The deceased, not a po-
lico-oflicer % the 20 IN, but a constable
Of the county. without warrant
and without displaying a badge, under
took 20 arrest the plaintiff IN error, who re
sisted. The deceased took hold Of The plain.
tiff in error by the arm and commenced to
pull him across the street. The plaintiff in
error called for his badge. and denied his
right 10 make the arrest. Deceased replied.
al will arrest you," saying TO one oi the
bows. "Hasn't be got pi.tol;" Deceased
then called upon bysiander and directed
hIp 10 arrest the other boy. Jlst then the
plaintiff in error pulled loose from the de-
ceased and SHOT him IN the back Of the head
and ran rapidly away, killing the deceased
almost instantly.
The question was as 10 the degree OF the
crime committed. And il was held that
although the deceased was without author
iiy 10 make the arrest, yet that the jury
under all The circumstances 81 the case were
warranted IN finding the accused guilty OF
murder in The second degree, aud accord
ingly the judgment was affirmed.
Judge Lewis concurred IN the opinion; {;
Judge Hinton conclrred in il in the main I;
Judges Richardson and Fauntleroy dis
seated.
OTHER CASES DECIDED.
Dickinson against Farley and ais. Ap-
peal allowed and SuDerSededS awarded 10
decree pronounced by the Circuit Court Of!
Prince Edward county on the 2sth Of Au-
g1i-i. lsS6.
Briggs against Commonwealth. From
the Cncuit Court OF Culpcpcr. Affirmed,
Judge Lacy delivering the opinion. Judges
Fauntleroy and Richardson dissenting;
Judge Hinton c0ncurTing In the result.
Ioughton against Grlybil. From the
Circuit Court Of New Kent county. AZ
filmed, Judge Fsuntleroy delivering the
opinion; Judge Lacy absent.
Coffee against Black. From the Circuit
Court of Lynchburg. Reversed, Judge
Lecy delivering the opinion.
shipman against Fletcher. Argued 10y
Colonel Robert Christy tor appellee and by
Judge W. Willoughby for appellant, and
submitted.