The times. [volume] (Richmond, Va.) 1890-1903, 1893-11-24
THE COURT OF APPEALS.
,rosE LHCF RETBRSES THE DECf-
sIoN or THE NORFOLK COURT.
The Decision Of 'he ioudoun COUNT
Court Against Benton Wes Reverse"
byJudge Fauntleroy Other Cases

In the Supreme Court OF Appeals yes
to-day only three opinions were handed
down. one Of these was that Of Welsh
...last the Commonwealth. in which
nase Lacy reversed and annulled the
decision OF the Corporation Court Of Nor
f,.k city. The plaintiff was convicted OF
Grand larceny IN the Corporation Court
And was sentenced 20 the penitentary
f5r a term OF seven years.
The accused moved the court to set
aside The verdict and grant him ne"
.-al which was refused. TWO eXcepuons
..re taken The first was that on 'Ii0
.auug of the case IN the CorpoI 49,
court the defendant moved 70 'o"'''',
die case for one month on inc 500
fhat an important witness in his ,.Dir
u4s absent and could De secure"
the ab1yc-Damed time. ia that
I.5re Lacy. in his opinion. heia 10 10
tse main question was whether lI ,nc
court erred Boo refusing TO e'..-.'5-,, I'm
Ease on the motion of the oel,.-'-i-' ,.it-
account of the absence OF in".o4 the
ness cas- general ruie' .,,,t,,
l-l,fon when witness l'' - 80.
ftns no appear az the time .,,b.
triaf ~ such party sho" ''"- -,
,,era for tlc witness has D. No.. A.
.ve.ufeg. OF u not so If'"' .,. -.
iIyerci % the proper ono. ~ .,.tt,,os- 70
.-,tI,- lr which the WITNESS re-
81 D'' ,,.,sorable time before the time
D. t-tsI and shall swear that the
-. fl. material and that he cannot
..f.Iy r5 % trial without his testimony,
! continuance ought 10 DE granted
Beuton Goes Free
d, the case OF Benton VS.. the Common
-resltn. Julge FauuuerOy reversed the de-
(.sior Of the County Court OF Loudoun IN
-,fls.rg 10 set aside the verdict against
t-e defendant. who was convicted of iel-
.-y ly the County Court. ard sentenced
m me ren.tenuary. The defendant whlle
. fr.I Iu the lower court was refused
f.u ana remanded 20 3ail for one mouth
sr the ground that the Commonwealth
attorney might secure the presence OF
,t,re.s who was q released felon ana
sslreonfessed accomplice In the crime
which he had every motive TO fasten
mon tho defendant.
ia the opinion Judge Faunueroy says:
% Tie court could thus by its own arbi-
.-.rv action deny 20 the prisoner the trial
. f1r ihe 18th day of February, and then
.~anded by him. and remand him 20
..U tu the 10th day Of March. 1873, 10
raqr the expiration of the term Of i'm
--ls0ruent OF 20 convicted felOn, whore Is
he limit on the discretion and the line
10 demarkation which viii restrain
Judge from holding a prisoner bound in
generated indefinitely upon charge upon
which me law presumes him innocent 10
await The expiration Of the longest term
% ans felou undergoing the penalty OF
OLA HrfrreH The Drtnrtuie ia the same
whether the time be for thirty days or
sr thirty months. The County Court OF
Inldoun county al its FEBRUARY. lSy3, term
without good cause or warrant OF law
rnled the prisoners case till the 10th
1r of March 1873. and thus denied 20
ll the speedy trial guaranteed to him by
re law and Constitution OF Virginia.
$50 person can be arbitrarily held and i'm
Is0led without trial.
The Court In its decision held that the
evidence in the LOudoun County Court
VAS sufficient TO convict the prisoner and
He decision was accordingly reversed,
l3iges Lewis and Lacy dissenting
In the case OF Scott King alias John
Walker against T.. vs.. Lynn superin-
aalent Of the penitenuary. tine opinion
VAS rendered by Judge Hinton sustain
.e the action of the lower court and
1ylng the prayer of the petitioner
King is Il convict from New Kent now
irving a term I'm the penitentiary. He
r.s twice sent % the penitenuary. Ac-
lrInc % law five years was added TO
IS second sentence. Tie claimed that
a was unlawfuly detained 10y the super
Etsrdent and his attorneys took the case
go the Supreme Court with the above re-
at
Agricultural Fire Insurance Company
SIS Anrliu. Writ of error and supersedeas
awarded go Judgment Of the Circuit
Court OF Patrick county on the "a OF
October 1893.
N4rotock Insurance Company VS.. Cheet. |
Writ Of error and supersedeas awarded
1 judgment of the Circuit Court Of
Norfolk city ON the 18th Of July 1898.
sUrmau rs. Flctcher's administrator:
.T1u motion 10 dismiss appeal argued |
F Edmund Burke and a. w. Armstrong. |
s. and judge W. Wnloughby and |
submitted.
Walkers administrator VS.. Lewis: fur !
Their argued by j.. p. Bouldin Esq. for |
appellee. and Frank W. Christian ESQ,
t.r appellant