Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-22
THE SUPREME COURT REFUSES
AUBREY BARRETT WRIT.

But Highest State Tribunal Calls At
tentlon to OmisSf ons In the Record
which Will Probably BE Supplied
III Another Petition Counsel for Ne
gro Youth is Expected to Present
Supreme Court Holds That Trial
Judge Hundley Was Not Limited
to imposition Of the Death SEN
tence.
An opinion rendered by the SUI
preme court of appeals at Staunton
refuses writ Of error and suppressed
cas- In the case of Aubrey Barrett. the
Negro youth tried and sentenced by
Judge Genrge J. Hundley in the cir.
cult court of Charlotte county for
murder In the first degree.
In refusing the writ. however, the
supreme court calls attention to i'm
portant omissions from the transcript
or the record that accompanied the
petition TO quote, the supreme court
says: THE record does not disclose
the relation between the two Barrctts
inc evidence relative to the murder,
the age OF Aubrey, the circumstances
attending the entry Of the plea of
guilty. nor any objection or excep.
ton to the action Of the trial court. >"
Inc petition declared that the trial
court had no power to impose the
punishment of life imprisonment fin
stead or death, but the supreme court
says that this contention Is not we'll
rounded az section S of the constitu
ton provides that. in a case of this
KIND, the court shall hear and de-
terminc the case" and that, the SUI
pfemc court holds. invests the trial
court with all the power and discrc-
ton vested in the jury by the statute
prescribing the punishment for muir
der.
III other words. the supreme court
directly contradicts the trial Judge.
VINO, III the course Of n controversy
that arose after the trial contcndcd
'hat he mad no power to impose any
punishment except the death penalty.
1t is regarded as altogether proba-
Die that counsel for the Negro youth
VIII present another petition to the
s1prcmc court in which will he en-
bodied the portions Of the record
emitted before. and to which the SUI
prcmc court calls attention. Aubrey
Barrett is under sentence to de Scpt
30, having been rcpricvcd by Cover
nor Stuart from August 81, when his
father was clcctrocuted.
SUPREME COURTS ATTITUDE.
Following is the text of the SUI
prcmc courts decision:
IN the supreme court of appeals,
held at the courthouse thereof. in the
c'ty of Staunton, on Thursday, the
18th day of September, 1917.
The petition Of Aubrey Barrett for
writ oil error and superscdeas to a
Judgment pronounced by the circuit
court OF charlotte county o.. the Goth
day OF July, 1917, in a prosecution by
inc commonw wealth against the petit
TONER for felony. murder in the first
degree whereby it was considered by
the court that the said Aubrey Barrett
be electrocnted according to law:
having been maturely considered and
the transcript Of the record of the
Judgment aforesaid seen and inspect-
ed tho court being Of the following
opinion: u nc record in this ca.se sr,1.
talns none OF the evidence and dis
closes nothing Of what took place at
the trial, except that the petitioner
ana Albert Barrett were jointly in
directed, and upon arraignment plead
Ell not guilty and elected to be tried en-
aratnly. after conviction of Albert
Barrett the record shows that Aubrey
Barrett withdrew lis plea of not
guilty and entered plea of guilty,
ana by his consent in person, entered
IN open court, elected to be tried by
the court and the attorney for the
commonwealth consented thereto. and
the court, after hearing the testimony
iound nm guilty OF MURDER in the
r.rst degree and sentenced him to be
cleotrocuted. The record does NOT
dlscloso the relation between the two
Barretts, the evidence relative to the
murder, the age of Aubrey, the cir
cumstances attending the entry of tho
plea or guilty nor any objection Or
exception to the action of the trial
court. The assignment OF error that
the trial court had no power to i'm
pose the punishment of life imprison
ment instead Of death, Is without
merit, as Section s of the constitution
provides that, IN a case OF this kind
the court "shall hear and determine
me case and that invests the court
win all the power and discretion vest
ca IN the jury by the statute prescrib
ing the punishment for murder: doth
reject said petition and refuse said
VIII or error and supcrsedeas, the
erect or which is to affirm the iudp-
ment or said circuit court.
tNlchmond, Va, Ncws-L eader, Sent
Is, 1879 '''