Overbee v. Commonwealth

General Court of Virginia

Overbee v. Commonwealth

1 Va. 756

DecidedDecember 15, 1842

StatusPublished

This text of 1 Va. 756 (Overbee v. Commonwealth) is published on Counsel Stack Legal Research, covering General Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Overbee v. Commonwealth, 1 Va. 756 (Va. Super. Ct. 1842).

Pincite

Opinion

The judgment of the general court was as follows :

“It seems to the court here, that the separation of the jury impanneled for the trial of this case, as set forth in the bill of. exceptions, was sufficient cause for setting aside the verdict, and the circuit court ought accordingly to have set aside the same and granted a new trial: Therefore,” judgment reversed, verdict set aside, and cause remanded to circuit court for a new trial to be had therein upon the indictment.

Leigh, Fry and Wilson, J. dissented.

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The judgment of the general court was as follows :

“It seems to the court here, that the separation of the jury impanneled for the trial of this case, as set forth in the bill of. exceptions, was sufficient cause for setting aside the verdict, and the circuit court ought accordingly to have set aside the same and granted a new trial: Therefore,” judgment reversed, verdict set aside, and cause remanded to circuit court for a new trial to be had therein upon the indictment.

Leigh, Fry and Wilson, J. dissented.

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Bluebook (online)

1 Va. 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/overbee-v-commonwealth-vagensess-1842.