Commonwealth v. Hamor

Decision Date24 June 1852
Citation49 Va. 698
CourtVirginia Supreme Court
PartiesCOMMONWEALTH v. HAMOR & wife.

1. Husband and wife may be jointly indicted for a single act of retailing ardent spirits.

2. In such a case if they are convicted, a fine must be assessed, and a judgment rendered against each separately.

Seth Hamor and Tasa his wife were jointly indicted in the Circuit court of Wood county for unlawfully retailing ardent spirits. The indictment contained but one count, and a general charge that Seth Hamor and Tasa Hamor his wife had unlawfully without having a license therefor, at their dwelling house & c. sold by retail ardent spirits.

The defendants appeared and demurred to the indictment; and the Circuit court with their consent adjourned to this Court the following questions:

1st. Can a husband and wife be jointly indicted for a single act of retailing ardent spirits?

2d. Can the fine be jointly assessed, and a joint judgment rendered against both the defendants for the same act of retailing?

3d. What judgment ought the Court to give on the demurrer to the indictment?

BY THE COURT.

In answer to the questions adjourned the Court is of opinion and decides:

As to the first question, that a husband and wife may be jointly indicted for a single act of retailing spirituous liquors.

As to the second question, that the fine cannot be assessed jointly, and a joint judgment rendered against both defendants for the same act of retailing; but the fine should be assessed separately, and judgment rendered against each defendant. See Commonwealth v. Roy, 1 Va. Cas. 262.

As to the third question, the demurrer to the indictment should be overruled and judgment rendered against each of the defendants for 30 dollars; unless they plead.

But the Court deems it proper to say that whether the wife should be convicted upon the indictment, must depend upon the facts proved upon the trial, if defence shall be made.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT