Burton v. Commonwealth

• Decision Date: 23 January 1908
• Citation: 107 Va. 931,60 S.E. 55
• Parties: BURTON et al. v. COMMONWEALTH.
• Court: Virginia Supreme Court

60 S.E. 55

107 Va. 931

BURTON et al.

v.COMMONWEALTH.

Supreme Court of Appeals of Virginia.

Jan. 23, 1908.

Appeal from Circuit Court, Accomac County.

Samuel L. Burton and Sylvanus Conquest were convicted of murder, and appeal. Reversed and remanded, with directions to change the venue.

Thos. H. Willcox and J. L. Jeffries, for plaintiff.

The Attorney General, for the Commonwealth.

BUCHANAN, J. The first error assigned in this case is to the refusal of the trial court to order a change of venue for the trial of the plaintiffs in error, who were indicted for murder.

Upon the question of a change of venue, the facts of this case and that of James D. Uzzle v. Commonwealth, 60 S. E. 52, in which the opinion of the court has just been handed down, are, as was conceded in oral argument, substantially the same. In that case the court was of opinion that the trial court erred in not ordering a change of venue, and that its judgment must therefore be reversed, the verdict set aside, and the cause remanded for a new trial.

For the reasons stated in that opinion, without passing upon the other assignments of error, the judgment in this case must be reversed, the verdict set aside, a change of venue ordered, and the cause remanded for a new trial.

Reversed.