Commonwealth v. Crowe

• Decision Date: 13 November 1800
• Citation: 3 Va. 125
• Parties: The Commonwealth v. Highland Crowe
• Court: Virginia Supreme Court

3 Va. 125

The Commonwealth v. Highland Crowe

Supreme Court of Virginia

November 13, 1800

In an indictment against the defendant for an assault, in the County Court of Loudon, a judgment was rendered against him for 50 l. from which judgment an appeal was taken to the district court of Dumfries. That court adjourned the case to the general court, and propounded the following questions: " 1st. Whether upon prosecutions by indictment at the suit of the commonwealth, a defendant, against whom a pecuniary fine to the amount of one hundred dollars or more is assessed, have the right of appeal or not: 2d. Whether, if an appeal be allowable as of right in such a case, such appeal operates as a supersedeas to the judgment of the inferior court, from the time of granting the same."

The general court, consisting of Judges Prentis, Tucker, Tyler, Nelson, White and Carrington.

OPINION

The general court, November 13th, 1800, consisting of Judges Prentis, Tucker, Tyler, Nelson, White and Carrington, declared their opinion to be, " that the right of appeal does not extend to criminal cases, or prosecutions by indictments in behalf of the Commonwealth."

*** See the following case decided at the same court by the same judges.