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

But Highest State Tribunal Calls At.
tention to Omissions in the Record
Which Will Probably Be Supplied
; in Another Petition Counsel for Ne.
gro Youth Is Epccted 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 a writ of error and suppressed
cas- In the case Of Aubrey Barrett, the
Negro youth tried and sentenced by
Judge George J. Hundley in the cir.
cult court Of Charlotte county for
murder in the first degree.
LII 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 Barretts
the 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"
The 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 as section S of the constitu
ton provides that, in case of this
kind, the court "shall hear and de-
termine the case" and that, the sn-
preme court holds, invests the trial
court with all the power and discre
ton vested in the jury by the statute
prescribing the punishment for MUIR
der.
In other words. the supreme court
directly contradicts tho trial Judge,
VINO, Ill the course Of a controversy
that arose after the trial contcnded
that lie had 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
supreme court in which will be en-.
bodied the portions Of the record
emitted before, and to which the Sill
preme court calls attention. Aubrey
Barrett is under sentence to de Sent
~, having been reprieved by Cover
nor Stuart from August 81, when his
father was electrocuted.
SUPREME COURTS ATTITUDE.
Following is the text of the su.
prcme courts decisicn:
LII the supreme court of appeals.
held at the courthouse thereof, In the
city OF Staunton, on Thursday, the
18th day Of September, 1917.
The petition Of Aubrey Barrett for
writ of error and supersedeas to n
Judgment pronounced by the circuit
court of Charlotte county o.. the 26th
day OF July, 1917, in a prosecution by
the commonwealth against the petit
tioner Tor felony, murder in the first
degree whereby 1t was considered by
the court that the said Aubrey Barrett
DC electrocuted according to law:
having been maturely considered and
the transcript of the record OF the
Judgment aforesaid seen and INSPECT
ed the court being Of the following
opinion: %alicErecord I'm this csse s,a,
tains none OF the evidence and dis
closes nothing of what took place at
the trial, except that the petitioner
and Albert Barrett were Jointly in
directed. and upon arraignment plead
ed not guilty and elected to be tried en-
arately. 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
round him guilty Of MURDER in the
first degree and sentenced him to he
eledtrdcuted. The record does not
disclose the relation between the two
Barretts, the evidence relat' We 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 me assignment Of error that
inc tr,ai court had no power to i'm.
pose the punishment Of life imprison
ment instead Of death, is without
merit, as Section Of the constitution
provides that, IN a case Of this kind
the court shall hear and determine
the case and that invests the court
Win all the power and discretion vest
eo IN the jury by the statute prescrjb
ing the punishment for murder: doth
reject said petition and refuse said
writ Of error and supersedeas. the
erect or which is to affirm the judg-
ment Of said circuit court.
(Rlchmond, Va, News-Leader, Sent
Is, 1919 0p''