Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-03-29
cu nrC,prp AGAINST DENTON.
Result Of the Fourth """r'n* =" WV
s,,,rcmc Court-Othcr Cases


o..,,. ro,.oI case was decided in the
sr,-e,,,o Cour, o, Appeals yesterday. IL
vs. thst OF Benton against the COM
r,onwcalth. from the .hcu'' ,o"''
r,,,,c,,,c- county. and the opinion IN u
',, ,,,or,r,.j by Judge Rely. The case
ht| inuT zines brcn to the Court OF Ap,
49, va cech time had been rcrianded
=, tso iovcr tribunal for rehearing,. save
sts dim, whom the Judgment ~ the
,+~.,u Court OF Fauluier was aiiirned
In August 1892. ID. ". Benton, the pain
~ ~ error was indicted in the
comfy Court OF LouGoun for house
breaking IN the night-tme win intent
10 commit larceny re wa, cVnvic'cu
ana on = writ OF error to the supreme
Court new trial was awarded him on
the -rourd that improper testimony had
been admitted against him. The plaintin
I'm error was again convicted. and another
new trial GRANTED him ny this tribunal.
hrcaaec the case had been erroniously
continued at oae term for the Common
wealth against his protest When the
case went back second time for new
trial N was removed 10 the County Court
o. Fauluicr county, ard In September
l>ai f. general verde; OF guilty was
found sGslnst tho accused. and his pun
ishr2 ut Fixed OF three years and six
months ia the penitentiary. Judgment
was entered upon this verdict. and on n
writ OF error TO the Circuit Court the
same was affirmed.
PLEAS or ABATEMENT.
At this term Of the Fauquier Circuit
withdraw his plea Of not guilty and
offered two pleas In abatemrn.. one was
TIA; at the March term Of The LoadoGn
C.unty Court he Was convicted on the
Indictment and \ ve'nct WAS rendered
against him. finding him guilty Of grand
larceny AMI Hx.ns mis- punishment at two
years confinement in ;he penitentiary.
Upon this verdict judgment was. entered,
but Wa' afterwards reversed, ana a
ncN trial awarded the accused by the
supreme Court. The second plea sets
forth that Benton was convicted AT the
November tern, 1892. OF the Loudoun
county Court Of house-breaking with In
tent TO commit larceny. The plaintiff in
error claimed that this was an acquiital
~ the charge Of larceny, and. consequent
~, that he had been acquitted Of both
ieiones CHARGED. AMI vas not liable 20
De again pat upon trial for either Of the
offences. although at no time had u yer.
uict Of not guilty been rendered I'm his
i1Vor These contentious. the court held
were wrong. and an interesting discussion
az what prisoner valves when he taxes
an appeal was gone Into. The judgment
Of the Fauquier Great Cour; was then
affirmed
OTHER CASES.
The following were the other cases be-
ioie the court yesterday:
Shepherds administrator against
Chapman. From Circuit Court Of Orange
county. Affirmed. Judge Keith deliver
ing opinion.
Hoover against Buck. From Circuit
CoIr; Of Rocknghcm county. Affirmed
Judge Keith delivering opinion.
Waring against p0shcrs administrator.
From circuit Court Of King William
Reversed, Judge Keith delivering opin-
ion
Morstock Insurance Company against
pankcy ~ Click. From circuit Court Of
Rockingham. Affirmed. Judge Caldwell
delivering opinion.
American Manganese Company against
Virginia Manganese Company. From
the Circuit Court Of Aihemarlc Re-
verscd. Judge buchanan delivering opin-
ion
Miller against Miller. From the CIR
cult Court OF Frederick county. Affirmed
Judge Harrison delivering opinion.
S.cbert against Norfolk and Western
En!lroad Company. Writ Of error and
suDcrSel~as awarded.
Robinson. Tate Il Co. against Mer-
chants Exchange Bank Eehearing re-
fused
Admission National Bank against Rad
ford Pipe and Foundry Company, and
First National Eank or Admission. Ala.
against same. Appeals refused
W. J. and l.. Blair. Jr.. who sue. etc,
against city OF Roanoke Writ of error re-
fused
Gaines. etc. against Wilson. Cause re-
inststed on docket.
Morrison against Wilkinson. Further
argued by Isaac Digs. Esq. for appellee
end &. l.. Morrison. ESQ, for appellant
and submitted.