5 20 1864 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_016_commonwealth-v-john-l-todd.pdf f40459da543829480a02386dcfb86d29 PDF Text Text L COMMONWEALTH v. TODD INSTRUCTION The Court instructs from the evidence the jury beyond a reasonable made and delivered to defraud, I unto Steele that if you believe doubt that Appliance Company, with intent a bank check drawn on the Farmers Bank of Staunton, Staunton, Virginia, John L. Todd and Merchants in the amount of $150.00 knowing at the time of such making or delivering he did not have sufficient ing establishment shall for the payment of said find him guilty in accordance as used above, understanding funds in or credit of grand larceny be construed with such bank- check, then you and fix his punishment with the Charge to the Jury. shall that The word "credit" to mean any arrangement with such bank for the payment of such check. ;/ ti or ' ��COMMONWEALTH Vo TODD INSTRUCTION --- The Court and delivery instructs of a bank check, the bank because such check, further of lack is prima facie of knowledge of insufficient bank, such maker, unless that the making payment of which is refused of funds or credit evidence by of the maker of of intent to defraud funds in or credit with and such or someone for him, pays the holder thereof the amount due thereon written notice that the jury within five days after such check has not been paid. receiving �, �COMMONWEALTH v. JOHN L. TODD INSTRUCTION The Court to be innocent every by evidence reasonably of innocence stage guilty beyond hypothesis thereof, and if, after it is their him not guilty. however strong, Mere or preponderance unless such evidence ;I;/ doubt, the entire heard duty to give the accused suspicion case, of the evidence amounts at in the case, against him in the of the doubt and find of the guilt of the accused, nor is it suffici supports to proof beyond arrl applies upon the whole made the benefit or the probability to convict, This presumption all of the evidence the charge by the and to the exclusion with his innocence. throughout to prove is not sufficient weight all reasonable having the accused in the indictment doubt of the guilt of the accused or as to any fact essential indictment, as charged consistent goes with the accused the jury have a reasonable case, the jury that the law presumes until he is proved Commonwealth, of every instructs NO. the charge every reasonable ent if the greater in the indictment, doubt. �.1. .G �COMMONWEALTH v. JOHN L. TODD INSTRUCTION NO. 4The Court cases, instructs the accused's plea of not guilty places proving his guilt beyond himself innocent. testimony exists accused, the jury that in this case, If, therefore, of the witnesses in the minds they should a reasonable doubt, on the prosecution upon a consideration a reasonable find him not guilty. the burden and not on the accused and the circumstances of the jury as in all criminal to prove of the whole case, shown in evidence, doubt as to the guilt of the the there of ��COMMONWEALTH v. JOHN L. TODD INSTRUCTION The Court instructs is a mere accusation any evidence of the accused's to be influenced in this case. or charge against the jury that the indictment against guilt; the accused, the accused, and no juror because in this case and is not of itself should permit or on account himself of the indictment ��COMMONWEALTH v. JOHN L. TODD INSTRUCTION Commonwealth L. Todd, further there instructs to prove beyond at the time he made, on the Farmer's Company, The Court and Merchants that he intended that the accused was insufficient presented NO. G --=-- the jury that the burden all reasonable uttered doubt that the accused, and delivered Bank of Staunton, to defraud said Steele knew at the time cash or credit is upon the John the bank check drawn Virginia, to Steele Appliance Company, of uttering and delivering Appliance and said check at said bank to pay for said check when for payment. And the Court a reasonable Company, knew there for payment, further doubt that the accused and further tells intended that at the time was insufficient you that unless to defraud of uttering cash or credit you believe said Steele and delivering beyond Appliance said check he to pay for said check when presented then you shall find him not guilty. �T �COMMONWEALTH v. JOHN L. TODD INSTRUCTION The Court charged is the intent instructs to defraud, No._2_ the jury that the gravamen and the Court further lack of funds in the bank at the time the check is uttered prima facie such intent. presumption of such intent, tells of the offense you that the creates and not a conclusive only a presumption of ��COMMONWEALTH v. TODD INSTRUCTION_£ In considering its burden of proving the Court instructs "reasonable" founded doubt, whether the guilt the jury nor its on reason, of the accused that meaning. you should A reasonable imaginable, conceivable In passing charge, the jury at the trial ences doubt, with case, its is a doubt which is imaginable guilty of the proof beyond of the to the evidence the natural The jury or possible doubt. consideration including doubt, the word a man must be proved upon the sufficiency to be drawn therefrom. to create doubt or possible must limit of this beyond reasonable not overlook and is not to be confused for the law does not say that every or not the Commonwealth has met cannot and reasonable presented infer- go beyond such evidence nor can you go beyond such evidence to find inferences of guilt. Furthermore, arising from lack tionable fact proof of evidence, to the proof concerning immaterial If, of the evidence, prevent then after If, conviction all a reasonable a convinced the evidence of the truth reasonable doubt. of the accused and not a mere consideration in such a state belief of all of doubt as to of the guilt of the accused, burden. an impartial in the case, of the charge, or from ques- circumstances. and honest after any doubt be a doubt of a material to meet its hand, in mind that testimony and nonessential on the other of all bear should of the guilt the Commonwealth has failed consideration fact, your minds are left you from reaching should from conflicting of any particular essential doubt the jury and reasonable you have an abiding you are then satisfied beyond ��COMMONWEALTH v. TODD _7__ INSTRUCTION The Court of witnesses instructs is a question the appearance of the witnesses the reasonableness mony, their apparent or lack candor they apeak, to the parties, if of the trial, cumstances determine if weight their and consistency their the relationship the interest testiintel- of the witnesses of the witnesses other the jury are more worthy manner of apparent of the witness and from all and from of their the opportunity on the trial, which witnesses stand, and fairness, any appear, appearing is the relative accordingly. any, the credibility for the jury; on the of intelligence, to know whereof that exclusively testifying, ligence the jury in the result surrounding has the right of credit of any such testimony cirto and what and to give credit ��COMMONWEALTH VS. 0:0IIA( )._£-£ LJ /) D DESCRIPTION OF PRISONER Last known address --,,.,A-+2......,__._cL-<rt:'----'=£~#----,,.,/'-----<-/J1.,__,___,TL..!_. _._,,__,_}..L>t_.,,_/2~10'-"'~=-.,,,_v _______________ Color W//11£. Height Marks----------------------------------Age :]fo :s--: 7 Hair i?/?ow/V _ Weight /77 ��\,,.....r-- - - ----__,~---- �I ......... - I -f r-- l �~+' v- 'O (I) •r-iQ) .. .µ H .. S::::+' P. ::S+l OOQ> 0 S::: P.•r-i0 +' 0 sQ) 'O >< 'f..t Q) f..t a> VIRGINIA: ::, Q) 7, 1964. o .µ IN THE CIRCUIT GOURT OF ROCKINGHAMCOUNTY, July +' 0 a>>r-i s::::•r-i...c:. Q) •r-i'O E-4'O Cl) S:: •r-iS::: ... s:: •r-i:: ::tommonwealth r-i ·r-i • ctt Cl) 0 0 Q)(l1Q)S::: • ~ ~:5~ ...c: ~ >¥. .0 ::, On an indictment charging felony ( grand larceny) Q) oa>S::M+' o s •r-io ~ohn L. Todd !\1 4-t 'O 'O 4-t O 'O ·s::Q) 0 >. ~ H... g ~ This day came the attorney for the commonwealth, and the .µQ>H<l>HO fil ..c:ctt-o bO ~ccused cc, .µ ..c:s:: Q) .:. ::Sa> .bO s John L. Toi.ct, came pursuant ' Octl. to his recognizance and by his ><...C:a> a>.µ ~ttorney, William A. Julias. And from persons summoned by the f..t•r-ici,r-i +' ct1+l <:S::: ·a>a>£;- • 0 'gsheriff under a writ of venire .facias, twenty persons were examined ...C:S ,-HQ >. c,:! +' ~·8. S ~y the court and found duly qualified and free from exception; where-o bO~ 'l'"")"d M M • <l> . . . rn a>-o • ..... -~r-;:jupon, a 11.st conta1.n1.ng the names of said twenty persons was handed Q) +' Q) Cl) ...., Cl) ...C:4-tCllf..t+'M -o <l1 ~~4-t ~to the s::::-o o .O> , ct1S::ctl0 0 n1 o +' ternately ... <I> .o+J +' --..c: 0 •r-i .µ ~ maining 0 0 ·r-i'O Q) (.) E13 "2s 0 "24-t -~~ > ...c: a>Craun Q) Q) ..c:> .µ for struck twelve, the commonwealth therefrom namely: Alexander, the Russell Forrest and the accused, who each names of four persons, and the E. Whetzel, Armentrout, H. A. Scott, L. B. Carr, alre- Jr., Eva Mer on V. Miller, Q) Q) ..c:.µ --s::+> James W. Alexander, H >-•r-i 4-t •r-i f..t4-t .µ Otto S:: 0 Q) -o ...C:'l'"")(t1•r-i+l <l> ::, -o '"Floyd Cl) attorney H. Glenn, W. Fisher, and H. R. Kline, Jr., B. E. Cline, selected as aforesaid Iva Gordon, to constitute C/l 0 § f..t~-g "'sthe jury, were sworn to well and truly try and true deliverance make +' !\1 .µ ...c: .µ "d Q) (.) o•r-i --r-i oo•r-ibetween the commonwealth and the defendant at the bar and a true ::SClla>•.-1 ...C: S...S:::;: <l1 O ;:: ~ g := 'I'"")+'..verdic~..J~ender according to the law and the evidence; and having ~It. s:::: s::+'a> VT •r-f S .;_; ·r-f 8 ghea~he evidence, thereupon, the accused, by counsel, moved the Q) (.) C/l O (I) 0I\ ..C:Ei •r-f>. 0 'O +>o-o ctt •r-t>court to strike the same on the ground that said evidence does not O M "d Q) "d f..t a> ..C:a> a> > o to defraud, which motion the court overruled, and said >M r-i +> a>show intent ·r-f •r-ibO "d ...C: JI. ~~-~~~+>accused, by counsel, excepted thereto.~ /And it ...heing inquired of •.-1 Q) Q) .µ ~ 0'0 (' f..t -o~~ s ~said accused if anything he had or knew to say why the court bO.µ r-i a> ... s:: oSr-i~ :~ ~ 4-t ~ ~ ~not pronounce sentence on him in accordance with the verdict ct1 H a> ·r-fi:: ..c:j :S§ 5 ~jury, and nothing being offered or alleged in delay thereo.f, 'Oa> ~ p,.O.µ should of the it is considered by the court that the commonwealth recover of +' ~ H s.➔ ..C: ~ .3 ><-o"'t'the said John L. Todd fifty dollars, the fine aforesaid, and the ::sQ) ·r-fQ) ct1 'I'"") s.➔ 4-t ~ costs incident to this prosecution, and that he be confined in the ~ H~ en >.otherefore Cll S::::·r-i.0 t 'O 'O (.) s:: ...c:s::s::oo +' n1 n1 ro 0 jail (I) of this until :~\\ ~) said county fine for and costs the term and purposes ')\ J\'l9}subject to credit the period are aforesaid, of ten paid. said (10) And he is term days, and thereafter committed of imprisonment for any time he has been held in jail to jail for to be awaiting trial) �1 �L JOHN 190 TODD. MT. SIDNEY, VIRGINIA ••, 68- 118 514 B X ~ -f'v-Thl:,; AY ORDER OF ~-...--- ,I"/, ~~ (f /4 .., OLLARS ,1--v 7 FARMFP.S &-MER£ilANTS BANK OF STAUNTON STAUNTON. VA. , 11 0000000 ~ -S 00, 11 , ~ ��OHH E. 'I ouv· MT. SlONEY, VIRGI IA ?L;,~ Pffll~oF~~£~~ t)J--zJ.2-5' / 19~ $/ti ::J 68-118 514 U7) _LD0LLARS _.,,._.,,=-"=-_____..a-,,....L.==::-__~0~·;~_/4<.J_,u:r."=-1 _____________ 7 fl{MER~ &Mt~CHA' TSJ;ANK 'OF STAI ~TAUi'-. 1 NTOI',. T :,N, VA, of.~ ,,•000000 iooo.,· �·-~ l' 29-_ NOV P~Nt, P.E.G.·<'? I~ V 0) ,r N - {Q""~ ·1-·1, f- E G' j : /q 1 / ; ·,;·... r.:.. k - ... ·-· >,-101 • ' ? I /fl I ._.~--""-""'--------! \" ., ,:;. • ' "A. C I .,-I-"" ! '- N �- -JOHN L: YOQD 199 MT. SIDNEY,-VIRGJNIA 68-118 19/a,.l_ ' A")".-~ T0"'l1E ORD'ER R i'.,; ~, I' /;hI /_ o._,.~?7r 514 F'd/4~ ~..,_ :&-? -~~~5".,~~~,~~~~·~~___!:_0~C~/4~,,.-oro_-=:::::=============noLLARS, V INTH[HUFITOfHl[~PPUl!EtT 7 5 FARMERS &MERCHANTS BANK OF STAUNTON STAUNTON, VA fL i"OOOOOOO 500.i' ,. �~I'. P.fG I""! BM r B• BC • 27 NOV - "' 0 c:o z f"> �- 198 • JOHN L. TODD - MT. S:illNEY,·VIRGll.;IA /JA ,.,,...,U,_,kf.~,J ___ ~19.£i_ $ 68-118 s14 LL z.J- / ---"""'""-L---=-=c.;;...,.-------'"'::: :::-~·=-...L........,~=.,;//"""J'---""- ____________ S& ERCHANTS BANK OC' STAL.:;NTON STAUN roN, -./A. DOLLAR s �=1 ~ r""> g- "11 :g .o = ~.& - "'t:'ll r- (. S - -"~ 'l'I -t :t 111 0 ;u " ~~ :,,~:a a -~ i �J~.TOCO JO~N MT. S•DNE":{, VIRG 196 _ IA JJ -~f_&v __ DtJ THE raRDER OF ____ ~. C. ·t v_" t;J 7: ______.=::..,..,__ d~~~ MERS &MERCHANTS BANK OF STAUNTON STAUNTON. VA. ____ l~_~gb.3 $ tiJ·3 68-118 514 7 ;z • �ij. VAtlEY BA ••n on,Virg • . �JOHN L~ TGE>D " 185 MT. SIDNbY, VI'tlGINli\ 68-118 514 7 FARMERS , MEitLHAN C;,,F ~TA",;JN(ON STt' UNT N, VA. �"r: r ,, t• . I---·-- JO l~...--t~~-~~~ �JOHN -I.:~TOJ;D - - MT. S-I:lNE:Y; VIRtH:NIA - " OF STAUNTON STAUNTON, VA. 202 ��189 JOHN L. TODD MT. SIONEY,-VIRGh~IA- /)d tP-f/ 68-118 514 -~~~=-'-=-==·~xtL~~--$?& ___________ QLLARS FARMERS &"MERCHANTS BANK OF STAUNTON STAUNTCN, V/> ,' 9.00-f;L, •, I ��'f: 192 JOHN L. TODD MT. SIDNEY, VIRGINIA 19L1_ STAUNTON, 68-118 514 VA. i"OOOOOOOB00, 11 ��204 JOHN L. TODD MT. SIDNEY, VIRGINIA ~ 68-118 514 DOLLARS STAUNTON. VA. './ .,.,t... -r • r t:-kt--c•( C ••·0000000 b 2 51 11 �r Pf Y �183 JOHN L. --TOD:0MT. SIDNEY, VIRGINIA 68-118 514 . ottunu: (/ ,; .... ., .. ""lNT,UH LH 'j ��- 182 JGHN L. TODD MT. SIDNEY, VIRGINIA 68-118 514 .,-_._,.,~~~~~L~.t,oL·, c,~/u1~· v-r:,~· --==============:::::::;r:2p::::::=no LLAR s ' ~ FAEME~S :&ME~TS BANK OF STAUNTON STAUNTON, VA. .\ •• ��187 JOHN L. TODD. ... ? l P / t9B ~ ' • THE '"'ER 68-118 s14 OF ~~~~--.,..-"--v_V &MERCHANTS BANK ________ DOLLARS ��JOHN~- 206 T0Du MT. '.3IDN2Y, VIRGINIA. ~~ lo·5Cf ~Lt. ei:o s ;I.L. 111 0 ;i. ;i.a,: (J �______________ ,- PAY \ I p. E.G. �205 JOHN L. TODD MT. SIDNEY, VIRGTNIA ->~==-&-c..=-------'--' q'-'/'--19&.A_ £ AY • TO THE ORDER OF 1/£ cf?~✓---------'-'----=----$ ~~~~A~J..L~~t,,_~~~~l~J~ ..~~~L/p-r~l~================eDOLLARS ARMERS &MERCHANTS BANK / OF STAUNTON STAUNTON. 'IA, 68-118 514 c21 ,,-r; �en ·~------...,.-0 I �- JOHN L. TODD MT. SIDNEY, VIRGINIA OF STAUNTON STAUNTON, VA, 194 �--- -·~--- : 11-)/1"'"o I THE o•o•· OF 11.117: "Ill~ eA,.,,c OR BANKa11 FA1011 ~N~Ofllaati11r, •u~Tl&o :.::.:i=z!c:¥$::::.::r --- I -L ; Nov ; ?. •6 3 c ooo ""T • •• . { j I ,u.,rru111111,r111r1111111 / : ,;}'! srm,... Vf11f1!4 6B·ll1j -- u,. ------ . • ,.. ....J co ::;;,,. -,. .__ ...,.., ::-::, 0 .....,0-,, ~ -u -~ <.' �201 JOHN L. TODD MT. SIDN&Y, VIRGh~IA 68-118 514 OF ST/'.I STAUNTON INT0N. VA. 1 �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John L Todd Subject The topic of the resource Felony Grand Larceny Description An account of the resource Defendant charged with felonious grand larceny Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1964 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_016 Todd https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_015_commonwealth-v-john-l-todd.pdf fc4f371d74c69cdec4ef338ee5a88241 PDF Text Text J/7/G '7 9~{ /, / !~ 1/.a i, J, J. 7//, C--< Docket J No,l/l7t I COMMONWEALTH of VIRGINIA ,. ~ I I j. , ,/,. VS. C.. Indictment ) ) Felony ( g. 1. ) ) 1. JOHN L. TODD ,-< I ,, //. { '")., ,,,.. , 1964 April 20. Return of Grand Jury. Order for May 5. • IJ capias. Accused arraigned of n.g. entered, to jail. 11/169. 11/170 and plea and remanded 11/177 June 17. Order allowing attorney to represent accused as self-employed; case continued to July, on mmtion of accused. 11/190. /· c30 July 7. Jury impanelled; evidence heard, motion to strike evidence overruled & exception; verdict of guilty and sent. fixed at 10 da. in jail and $50.00 fine Motion to set aside verdict overruled and exception thereto; judgment entered on verdict. 11/193. CIRCUIT COURT OF ROCKINGHAM COUNTYI VA. �.. ".. .. "< 0 z z 0 z'" < n .. .. .. "' 0 (D :[ " ,.. > "' "' .. > I �COUNTY COURT A Criminal Docket Commonwealth V. JOHN L TODD Defendant Appearance Date 2/21/64 Trial Date GRAND JURY 2/21 /64 ���") �Comp. Form 18-150M-2-l-63 STATE OF VIRGINIA ~ OF \ No. _____ To-Wit: _ Harrisonburg City TO ANY SHERIFF OR POLICE OFFICER: James B.. Sipe Whereas, John G. Leake has this day made complaint and information on oath before me, ____________________ Justice of The Peace (Title) _ City (Name) of the said ~. tha.._ ______________ _ City John L. Todd in the said ©ffli¥ty _______________________________________ or about 14th November 63 : Unlawfully _________ end feloni nsly, _ did otY/ th'-- ____ day of_____________ , 19__ meke 7 utter and de1iver, with intent to defraud The Steele Af liance Company, a bank check on The F rrrers & Merch~nts Bank of Staunton, Va., dated November 14, 1963 pay ble to Stee, e / ppJ ience Compimy, in the amount of $150.00, consideration uttering therefor, and delivering insuff:tcient P"'YJ!lent, egainst receiving present pnd he, the said Jrhn L. Todd, we11 knowing at the time of said check to Stee-e cEish or credit Ap ltance Company, that there was at said bank to pay for said check Then presented the peace and dignity for of the .Cormnonwealth of Vtl.rginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Roe· ingham County Court of tk~County, the body (~s) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color ____ Address ----------------LJ color ____ Address --□ color Address □ color Address __________ color Address _ --------------□ as witnesses. 6 Given under my hand and seal, this_ _t_h ___ ,day of____ }' F_e_b_ru_a_ry ________ u~bL (Title of Issuing Officer) JUSTICEOF THEPEACE _ 19_ 64 (Seal) �STATE I. . OF-------------------~ OF VIRGINIA-COUNTY ------------------- to-wit: Judge of rhe County Court Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that as his suret _____ and--------------------------~ to the Commonwealth .,,__ _______ , have this day each acknowledged themselves indebted DolJars of Virginia in the sum of ------------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit Court shall appear before the County day of _____________ _, 19___ , be rendered, yet upon this condition: That the sai~--------------------, County, on the _________ of at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain _in full force and effect until the charge is finalJy disposed of or until it is declared void by order of a competent court; and upon the further condition that days the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. 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N n, 0... <) I v) ~(' �.0 0 T 6 7 5 6 5 7 8 6 6 6 5 5 5 .6 .38 .8 4 .8 2 .0 0 .3 8 .6 4 .6 8 .12 .12 .9 8 .0 0 .0 0 8 .50 6 .5 4 5 .0 0 5 .0 0 6 26 7 .2 4 6 .6 8 5 .8 4 5 .0 0 1 3 8 .7 0 T �------------ �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors April of the Commonwealth of Virginia, and. for the body of the County of Rockingham, Circuit Court of the said County, John L. Todd, on or about City of Harrisonburg, make, utter Company, a bank check, Farmers and Merchants therefore, said dated oaths the present that and feloniously Steele did Appliance November 14, 1963, drawn on the Dollars Staunton, ($150.00), Virginia, receiving for merchan- and he, the said John L. Todd, well knowing at and delivering Company that there bank to pay for said the peace and dignity and sent said check to the said was insufficient cash or credit check when presented for payment, Steele at against of the Commonwealth of Virginia. Upon the evidence open court now attending to defraud Bank of Staunton, the time of uttering Appliance unlawfully with intent the sum of One Hundred Fifty dise upon their in the 14th day of November, 1963, in the Virginia, and deliver, Term, 1964 of C. L. Steele, to the Grand Jury witness sworn in to give evidence. �COMMONWEALTH V. g.l. INDICTMENT A True Bill Attorney <J ~~ ..-----; JOHN L. TODD James R. Sipe Commonwealth's �COMMONWEALTH v. TODD CHA!<.GE TO JLJKY If you tind the accused as charged in the indictment, punishment by confinement of not less guilty you will in the penitentiary your discretion, by confinement exceeding months and by a fine Hundred Dollars It no more. in jail larceny, say so and fix his than one year nor more than twelve of grand tive for a period years, for a period not exceeding or, in not Five (~50u.uu). you find nim not guilty, you wi11 say so and ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded of Rockingham County, Greeting: to summon--------------------------------------------------------------------------------------------------------------------------·-- C. L. Steele - c/o Steele's --------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------. Appliance ------------------------------------------------- Co., ----------- H'burg, Va. -------------- -------------------- ---------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- - ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------· to appear o'clock, before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, -- at 9 :30 a. m., on the ?_Q_t.b_ __day of _____ _Ap_;jJ. _______________ , 19_§_4__, to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against-------------------------------------------------------------------------------------------------------------·- J ohn L. Todd who stands charged with amki:miide<lxoox a felony IW~llW"• And this you shall not omit under penalty. Witness, burg, Virginia, JAMES R. SIPE, Commonwealth's at the Court House, the __JgJ;bof of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ________ Ap.x.il _____________________________ , 19 __6_4_,and in the .l8.9.tb " year ��In the Name of the Commonwealth of Virginia: - To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ------------------------------·····-·-··-·····························-······-·················-·················-·-·····-··· C. L. Steele, c/o Steele's Appliance Harrisonburg, Virginia ··-····-··-····-··········-··--············-··············-····-·---·•-·-····-····--····90··wes·t··Ha:rket···st·~························ ·- • Company ·····- ······-·· --··················· ---------------------------------------------------------------------------------------.... ---------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------········-----------------------·-··-······-·············-············-··--····-············-·-···········-···-····························-·-·········-······-·······-·-·····-·--·- ---------- ~-';;;;::' ~-··· ••• f ·•--·--···-··············•··--····-···-·········-··-···-·-···----··--··-·---···-·-···-·-·····-·-·············-···---·····················-··-·····-·· ~.v...... J' ·A,_ • •• • •• ()~~ ---·······--····--·-····--·-·····-··-·--·-····----···------·-··-·····-·-··-···----···--·-···········•······--··--·--··--··-·---···-··-····-·-··-····· .X.: to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth ·-·?_~~day ~g}QtlHi4:lJHRy, County, at the C •• ,--,..__--, • ·- 0 of ------··~·~_!J.___ ··--··--···•19_..?.~-, to testify and the tru against······--··-·--·-·--···---······-···-·····-········--······-············-·-·-··-··-·····---·-·······-···--·--··· John L. Todd who stands charged with and indicted for a felony JH.kli@XKJlmQr. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the--~~-~··-of -----·----·-·-···J..YJ_y····-····--···--······• 19_.9A·_., and in the of the Commonwealth. •·--··- -~.--"'.'~·-· -~~-~·"··- ---- --·~··-·-·--·-··-··-·--······-···-···· .UHH:;h year Commonwealth's. Attorney .. �r~\:?1··: ..-r.~~f~ ,:r~ Nrvt·.-~rf! Du.P.,r...:l "' .ru.n.; r ,fv .:.~=i·H1:w ,&·mm-~..1'-J't-,,:-,_·"·;, ..;;.-~.•.. 1 0Y ;;~ • Ii • r • a """"'~ ,,,,.,...• ·• H-\~ S'71-e ta.\ •• \ \ '~ .-. * !Ji. r. Ill 1111 'II.. . -•.!;.._•.;.le,,_..., /e '11',.-. ,,_ . __ - •---• A. l. STRA~f~ M~,__...... -~ :_ 1 _ - ~r~t(~t~;;;. 't ,'lo 'Ill. ; _,1. ·.- ~"·'' ~4o!ll'-"\"., 11.;a.,, .. ,~1!,,,,:t..,;._.;;ij & ~~• �Comp. Form 18-150M-2-l-63 ST ATE OF VIRGINIA COUNTY OF ____________ l _ I No.,_____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, --------------------------------------has this day made complaint and information on oath before me, --------------------- (Name) of the said County, tha.L________________ _ (Title) ________________________________________ did on th._______ in the said County day o,_______________ , 19__ : Unlawfully _________ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said, County, the body (bodies) of the above accused, to answer the said complaint and to be furth~r dealt with according to law. And you are also directed to summon: color Address color Address □ color Address □ color Address □ color Address □ as witnesses. Given under my hand and seal, this.____ __.cday of________________ (Title o( Issuing ~ Officer) 19_ (Seal) �i t5l,),0 a -SotltJ Iv · To DD that GLOTH AND LOVELEpS . and ~e ~wit: of the--©sani.'FCetw. in and for the C~ Justice of the Peace t D "1 D' £__ --~e=y~~-71."":.1,'""?J."''l:5.~ ...... ?...... -..P.f+.,a,.l'-~.!.. N+-l~/V...,,...,£_W-,-t,'e..,.,..IJ...,y.,...,'J:.._._/2...., __ F_Tt. __ , as his ~ ~ret of ViFIDiffff-~7t!f~m of/ f;E/11 rtU1v to the Commonwealth <$ /c5'ooe.. ~QC.fQN6-/{1J07, of 7'' "rn HN t...J._.Io County,onthc "' ha_v_e_th_i_s_d_a_y_ea_c_h_a_ck_n_o_w_le_d_g_e_d th~~lves indebted 1 e""" Dollars lands, and tenement~ to the use of the ~011wealth to "'£ ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the said aforesaid, State of Virginia, do certify D~~ , shall /')' appear before the JtJJV£- dayof Bv12'-- hJ 'tilJr • Court ~,19~ at 3o.AM:., at .4RRt s O /II 'Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; ai:111 utt 11 !he fm::tiwueelmiotm~ ~J.P. ;:. n, (") ... 0 tTl X n, !>JC; (') (') 0 n, 0.. < s. (') 'O "' "' 1;;::, !" n, 0.. ... ::,- -~ n, > n, } D < t:; ::0 ::0 X llJ 3 5· > z llJ >-'l 0 r+ o· ::, ~ ~ > ;:. ::0 ::0 n, tTl ~§: {fl >-'l ::i:: ::, (') ::,- ., llJ llQ -"' .... -'° I 0.. llJ ::ti '< 0.. ~ ::, ~ n, oo· ::,5· l)Q 'Tl n, (1) -(fl- ('"l 0 ::,- B 0 ::, :!l (1) ., & ?; 6 .... ::, ~ s ::ii 3 <1> .... ~ lb" ~ n, 'Tl (1) ~ ----ll {fJ (1) ll (lo ., n, g Q B g. e:. ('"l· lb" .... ;,,- tx:I ~ >-l .... E: ~ C .,.... ~ ~ ::, 0.. g 'O n, ., 0.. <: '< ~- 0 ..., 5· _F· .,::, ., ~ <: 0 5· 'O 'O ., ~- __;· .,.... n, ~ er n, o' .... n, g., B- n, ~ r >-l ::,(1) ~ 0 ::, ('"l 0 C ::, g. 5· :!l s· ll ~ ;. ..., g_ ('"l ;:;· 0 :!l l)Q n, Q "' C ::i "' ~ n, g., .... n, r .... ,.., (1) ~ C ::, ~ 0 l)Q 0 N. n, 0.. �SCHMID'S PRINTERY, STAUNTON, VA. State of Virginia, County of Augusta, to-wit: BE IT REMEMBERED, J5:t.D: ...........day of .......F.'.~P.:f.~,l/;!.}'.'.Y .............................., That on this . 9.½: 19.... ~.~.8..c1.?.~.r. ...?..1.~...!.c17~tiYety ....J.o.l:m...1 ...'+.o.d.d................................................................ and .~!'.~ ....~.~·c1·~·~·1..1. ... personally appeared before undersigned Bail Commissioner, Justice of the Peace for the County of Augusta, and waiving their Homestead Exemption as to this obligation severally and reshctively acknowledged themselves to be indebted toltcJDcY~Monwealth of Virginia in the sum of ........?~.?. ...~....?.1?-.~~?.~.............................................. Dollars ($ ............................... ), to be levied of their respective goods and chattels, lands and tenaments to the use of the said Commonwealth rendered. John L Todd THE CONDITIONOF THE ABOVEOBLIGATION Is SUCH,That if the above bound ··············c·1t ·····or······················ shall personally appear before the Judge of the the County of Au1usob onpthM ....~J.$.:t. .. Virginia, at fe~ony_ ~.f 'l: ¥f-!P/t . m., then and .. day of there rcrisnnburg ~rJtt=:,,~~•Y;t ourt ot ....f.~.P.J.'.U$,.+'.Y, ..................... 19...6.4 .., thereof, in Staunton, to answer the Commonwealth, for and concerning a certain ~ Bad Check charged to have been by him committed, viz: ................................................................................................ if the said offense be a misdemeanor, then, non-appearance shall be deemed to constitute a waiver of trial by jury; and shall appear at such other time, or times to which the proceedings may be continued, or further heard before any court, judge, or justice thereafter having, or holding any proceedings in connection with the said charge, to answer for the offense with which he is charged; this obligation remaining in full force and effect until the charge is finally disposed of, or until it is declared void by order of a competent court and shall not depart thence without the leave of the said Court, Judge, or Justice and be of good behaviour and keep the peace until such time, then this obligation to be void, otherwise to remain in full force and effect. 15th 64 February Witness our signatures and seals this ........................................ day of ........................................................, 19.......... ~~········/··.· ;;;,~ ····························~·*···~~~ ..................................[Sd] ......................... [Seal] [Seal] [Seal] Signed, sealed and acknowledged by each of the above named parties before me on the ........15.th................ . February 8 64 day of .........................................................., 19.........., in the 18........................ year of the Commonwealth, the surety thereon qualifying under oath as to his sufficiency. ~.5..t.~ .. day Given under my hand this the ... of .........r~b..r~~.~Y ..... 9.~ ................................., 19..... 7 ~ ... .....) .. ·;:<-/t✓".f,q.~...................................... Justice of the Peace of Augusta County ~~~ Augusta County �DocKET No. Bail Bond Commonwealth of Virginia vs. ) �~ --r'Y • c-7'7Lr Urd-t✓ ,,zj.,o/ A,er ..."""'c!-tJ < .e[.~A .,,,, "'4(.:r- )'~,,...b /£~/ - ~> r~,t.,~ .,~~~"?'? ~,,,'/ 7 -t. ��~~~~~ ~ _zL/-~ ~!~ ~~~-L ~~.AJ,;tg. .~ (f~ »?) ~-~ /2~iJ /1)& ~duJ~. - .Jlt;fk~- ��I THE COMMONWEALTH OF VIRGINIA. TO THE SHERIFF OF ROCKINGHAM COUNTY, GREETINGS: We command you, that you take ____________ J_ohn ___ L..____ '.fo_d.d._________________________________________________ if he be found within your bailiwick, and him safely keep, so that you have his body forthwith before the Circuit Court of Rockingham County, at the Court House thereof -------------------------------------------------------- -·. _____________ ----------------·-· ---------to answer us of a certain _____ f_al0ny. ___________________________ whereof he stands indicted. And have then and there this Writ. Geo~e Witness~ W. Ke~er, the Court House the2ls-t day of _____ April-,--··--------, 19_-64, in year of the Commonwealth. THS SER'flCA PUSS, HAa.auoNauK. YA. Clerk of our said Court at e ___ 188.th ________________ ·------------------------ �COMMONWEALTH VS ~7 c/,./4 A d~"t:._ -z::; J'.·// l -fi, /4/•/:t vd' -~, cc,✓-c p;~. //(- �Commonwealth v. On an indictment charging felony (grand larceny) John L. Todd This day came the attorney accused, Uohn L.Todd, attorney heretofore appointed, accused, in person, moved the court to represent him herein was granted, and it counsel, this at 9:30 a.m. came pursuant as his the commonwealth, to his that his said self-employed until recognizance A. Julias. William is so ordered. case is continued for and the and by his Thereupon, counsel attorney, said be allowed which motion On motion of said accused, the 8th day of July mext, by ��FARMERSAND MERCHANTS BANK STAUNTON. THE STATEMENT VA. BALANCE 2.COOM 2.000:1 * 8.00 ✓ * 10.00 2.OODH 5.00 10.00 50.00 FORWARD * 2.00DX 2.GOOM 1.50SC 2.000H 2.000 2.00 : 2.COD 2.00 11 NO. OF CHECKS DEPOSITS CHECKS 5.00 BANK BOHNL. TO!DD RT. 1 I1:T. SIDNEY, CHECKS VA. FRIENDLY 2.00D, * J OCT'J16J* 9.01 6 NOV-16; * 6 NOV-26J * 'J.01 2.49g* 4.49g* 10.4;2* 12.1:c;e* * V1163 * 210.83 * 129.·': ~ • 22 NOV 2063 * * 10'3.25 * 96.JO * '1J6J ✓ 14 63 * 15 6J ,(; V 160; * 55.20 L.. * 2J N0V266J 25 NOV 216J * 26 HOV 29 6J * 27 NOV '306J * 28 OEC-963 * 29 DEC 1063 * 29 tEC1063 JO DEC 12 3 * 31 D:C1463 * J1-0EC1'763 '1 OEC 2'}6J * * * 6.2SRT· * t* * 32 DEC.2~63* J2 DEC 28 63 * J4 DEC3O63* 5.00 62.26 ~ 6.25 'J5 JAN-J 6~ J6 JA~-4 6b J6 JAU-76!.! 1J8.18 MEMORANDUM SC-SERVICE CHARGE FOR PREVIOUS MONTH MEMORANDUM EC -ERROR CORRECTED OD-OVERDRAWN CL-COLLECTION RT-RETURN ITEM LS -LIST CC-CERTIFIED EXAMINE THE AT ONCE. ACCOUNT WILL * * * 91.JO i(• 81.J0 IF BE NO ERROR CONSIDERED Is CHECK IS REPORTED CORRECT. IN TEN DAYS YOUR -l-:· J1.JO * l!,55 * 2.J5 * .J5 ;{• 1.65: * ~).)? * J.;5 * 1.;5 * 6;.61 * 42.68 * * 154.29 * '3'7.Jl 16.11 ~, THE LAST AMOUNT IN THIS COLUMN K E Y PLEASE 1.51 * * * 1J K0V-963 261,32 , 5.'37 OM-DEBIT * 8 tmV-26J 21.20 CM-CREDIT * * 9 t:ov-lt63 * 12 ffilV-8 63 * 2.0O0H 2.000!1 14.68 * * 20..00 26.75 2.2OSC 2.OO0H 2 CODM 62., BALANCE OCT 2663 OCT 266J 1 OCT 2863 2 OCT '.)06J 2.00DH * * DATE BALANCE �RECONCILEMENTOF ACCOUNT ,.______; TO PROVE THE BALANCEAS SHOWN ON YOUR STATEMENT: 1 Sort all checks included in this statement numerically or by date issued. 2 Check off on the stubs of your checkbook each of the checks paid by the Bank and make a list of the numbers and amounts of those still outstanding in the space below. 3 Deduct amount of any service charge from the balance in your checkbook. Enter this balance in space provided below. ANOTHER SERVICE OF FARMERS AND MERCHANTS BANK OF STAUNTON ''THE T H E M A R K 0 F FRIENDLY A M 0 D E R N BANK" E L E C T R 0 N I C 4 To the sum of the outstanding checks add the balance from your checkbook. 5 List below all deposits which do not appear on your statement, and add to this total the balance shown on this statement. 6 The two results should agree, proving both the statement and the check stubs 7 Please report any difference on your statement immediately. CHECKS OUTSTANDING CHECK NUMBER Total Checks Outstanding Balance as Per Checkbook TOTAL Deposits Not Credited On Statement Bank Balance as Per Statement TOTAL AMOUNT �----- DIRECTIONS FOR BANKING BY . )] MAIL:;½,#. 1. Fill out attached deposit slip. Write name at top exactly as account is carried on our books. 2. Endorse checks as follows: Pay to the order of Farmers & Merchants Bank. (Your Signature.) 3. Enclose checks etc. in pocket of envelope, seal, stamp and mail. 4. Send currency by registered mail. 5. For duplicate record of deposit, put carbon paper between deposit slip and back of deposit receipt. '+' / MAIL DEPOSIT RECEIPT TEAR OFF HEREAND ENCLOSEIN ENVELOPE WITH YOUR DEPOSIT~ --- ov 111961 _ Staunton, Va.,,____________ We credit your account this day, as per name and address below with $ ~b J 3 FARMER~ANTS Per~~ ..2._ BAN~ J} U...,,- �\ �DIRECTIONS FOR BANKING BY MAIL: 1. Fill out attached deposit slip. Write name at top exactly as account is carried on our books. 2. Endorse checks as follows: Pay to the order of Farmers & Merchants Bank. (Your Signature.) 3. Enclose checks etc. in pocket of envelope, seal, stamp and mail. 4. Send currency by registered mail. 5. For duplicate record of deposit, put carbon paper between deposit slip and back of deposit receipt, Staunton, Va.,_ ____ ill/ MAIL DEPOSIT RECEIPT We credit your account this day, as per name and address below with S -- A '\!I . l' TEAR OFF HEREAND ENCLOSEIN ENVELOPEWITH YOUR DEPOSIT. ,,:f'J',o..S- FARMERS ~ ~RCHb-NTS Per & ?_6_'f_9_61 __ ( ~~t{J_C<_r_ BANK �\. I �To ···~ ~t.z (_ / , ,/ v- ... -... .n / .. .{.lft.(0-·f.<tn.'.~?..'.. ........... .. We charge your account and return herewith check Reason Checked o/T.. ... $ /.~-zJ. .~. ·····!······z·, ..•!6.Z·,·.55,TM;····s··h·e·n··a·n··d·o··a·h·u·P,.r,e ~ 1 ��ro > r::::.- .B r::::. ::::, ~ (/) t ~i::i ~ ~~ ii.z: :::icx: E-<::c ril c..:, ii. es ::::E oa (/) 0:: cw ::::E 0:: ~ □ ENDORSEMENT □ MISSING □ NOT □ WRONG AS DRAWN BANK OstGNATURE □ UNCOLLECTED FUNDS □ OTHER REASON (SPECIFY) �\ �197 JOHN L. TODD MT. SIDNEY, VIRGINiA 68-118 514 DOLLARS OF STAUNTON STAUNTON, VA. , 11 00000 l. 5000.i' ��JLL~~~- frl ~ AY- f () tJ~ µ , ~ • .J) Yr7ry.; A-ti-,._; • ' v~r;- ~ ,JL_ L ~ ---,,u.-~ ~¥- ~.~I'~ .J-4 . f-' --=-'1: .__ ~J, r, ,,£,_J_ ~~ ~_,__,..d__ {2_~£ _._: ~ ~ -Y~ _,__;_ ~-__J. J.,L ~ /4d .,,L?-· ~ ~ / •Jn.,_,_f ~ ~ ,,d..__, J ~ ___.t:._ ~~ ~ ft / 7 7 ,.J .,l.,.Y-~ __.L-.,J ~~ a., ~ . tJ.--ddJ_ ~ r~ ~r~~~- ~ -~~,P?? - .F"Y.s/ ��December ,r o John Todd oute 1 .. t. idney, Virginia 1 Dear Lr. Tod: Your check ,.'197 in the amount of ·150.00 to us the second ti e due to in3ufficient ,le 11iut have the ,150 .00 within fiv ~ day forced to take legal ·ction to collect. Very truly Co :... 3teele CLS/ec lr s b ~en rdturned fund'. or we will :,rour.:.i, be ~O, l9b3 ��Jan M.1.--.John L. t<J ~ D To d 1 Mt. Sidney, Dar ry 2, 1964 Virginia Sir: Steele Appli noe Comp ny h oed with me for i ediate ttention a check d tad November 14, 1963 in the ount of $150.00 p d to the order of Ste le ppliance Company, which ch ck wa executed by you and wh ch is dr wn on Farmer • Merchants Bank of Staunton. This check wa given as cash payment for television set purchased by you on November 14, 1963 from Stele 1 c Company. The check has been erchants Bank marked twice returned "Insu.fficient from Farmers Funds". This is to put you on notice that if a money order, cashier's check, certified check, or cash in the amount of 150.00 is not received by the undersigned within five days, appropriate and necessary action will be taken. Sincerely, Julian JKH:lap C rtified M l Return Reoeipt K. Hie an �.c I.. n � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John L Todd Subject The topic of the resource Felony Grand Larceny Description An account of the resource Defendant charged with felonious grand larceny Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1964 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_015 Todd https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_005_commonwealth-v-john-theodore-rowe.pdf d0bb3a7e813cfce0562ed9913c54314d PDF Text Text manslaughter 4),~/62/- ~--- .~ ~~~- �j �Comp. Form 18 l STATE OF VIRGINIA :ftiiifiY No._____ To-Wit: _ OF_~Harri~=~·=~---------f ~O ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, ___________________ of the said ~. t, (Name) tha~--------------- (Title) , in '!'!1,;1odoro l!?W +- I, 19__ did on th~--"'--- : Unlawfully ________ =--- These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the ro" ~ n County Court o~id, County, the body ~s) of the above accused, to answer the said complaint and to be furthP.r dealt with according to law. And you are also directed to summon: color Address 0 color Address □ color Address □ color Address □ color Address □ as witnesses. Given under my hand and seal, this ___ t?___ d.ay of---,...----,,,·P=--•-1 __ ()Z2 --: ______ __, (Seal) �STATE OF------------------~ OF VIRGINIA-COUNTY I. -------------------- to-wit: Judge of the County Court Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ($________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of ------------------·------------------- ), to be made and levied of their respective goods and chattels, lands, and tenement~ to the use of the Commonwealth to Circuit Court be rendered, yet upon this condition: That the said ______________ _ ----, shall appear before the County County, on the _________ day of ______________ _, 19___ , of at _______ M., at ----------------,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared vojd by order of a competent court; and upon the further condition that che said -,---------------------shall keep the peace and be of good behavior for a period of ____________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ , 19__ ays , Judge. ;. l:I1 >< n, n n, ..., () 0 ~ cn '%'.I "'e n 'O no 5· n, ~ < s. ~ n, f;;:::, n, o. ... ::,- ~ J. P. 0. ;. > ;. n, n, ~ llJ t:1 0 ~ iii' n, 0 X ::0 3 0 tr, 0 a: a: 0 z 9 > z..., 5· ~ 15" :::, s. '%'.I ;. ::0 ::0 1:11 ~ :, ::,- ., llJ IJQ -"' .... ::r, :, z ~ tr, > t"' ..., en ,_, ~- n 0 > n, ..., ::0 :x: ..... r 0. ., '%'.I s· n, ..., ~ ~ 0 E () 0 ~ en 3 3 0 en C: 3 3 0 n, IJQ () 0 :::, ~ ~ ;. :::, :::, " s n, cn en s· > ::: ~ > ... s 0 ., ~ n, cn cn n, en n, :, 0. llJ :::, nn, '-I ~ '%'.I n, n, llJ () ;:;., ;,;- ~ ;:;.., IJQ n, > ., ., n, ~ tc ~ ..., ., [ ~ llJ ., ., C: 0. 5. n, '< ., llJ a 'O n, :::, ~ :::, 0. tc «' ., 8, 0 I" 0. llJ s. < ::;· s· < ::;· IJQ IJQ F jii' ~ ~ 0 I" 5· 'O 'O n, llJ ., 0n, -. 0 -. n, <ch ;. n, ,_, ::,n, [ '< 0 0 ~ 0 Q D. s· C: ., ..., rll g p rll ~ ;:.· ;. n, () 0 C: I I ~s n, I I (JQ ., ... 0 -. () 0 C: ... :::, :< cn cn n, cn ~ ., n, n, ., " e. n C IJQ N n, 0. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John Theodore Rowe Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_005 Rowe https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_002_commonwealth-v-john-tolley.pdf 0572c050ac297569a1fc5142b479984f PDF Text Text COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: In the Cirouit Court of said The grand for jurors of the Commonwealth of Virginia the body of the county Court at its April term, of Rockingham, 1935, the 27th day of February, Court able held for county appears the trial Tolly of the appeared ~lexander in the court Court, give upon said feloniously Alexander Morris as a witness should be the the said J. lexander became material Morris the Morris for to inquire stopped said was killed on November 9, 1934 and also John Tolly night that upon the trial did not state they left said in the said depose, swear, county and testify of November 9, 1934, shortly after and that there fact being he did not state feloniously among other Alexander in said was a dead man down at he did stop and noth- it Via the night Hattie things having then and John Tolly a short Henry Raines whether or ,, not the George Morris Via's, so sworn as a witness he did not go into he and said he should or not the said to inquire of upon the trial aforesaid at the home of said aforesaid and Clerk and that a dead man down at Hattie John truly Switzer, at the home of George Morris the home of Hattie John county, then and there oath; whether they left upon of the the whole truth, the felony time after said in said Switzer as aforesaid the evidence truth, was that for and on behalf that Robert by Honor- Morris court,and duly sworn by J. Robert aforesaid, on and at the Circuit the felony and was then and there by law to administer and Alexander for that one Henry Raines, said Morris, upon the trial of the said killing court trial do present one Alexander of the said house thereof in said the truth, authority there said county Court, by the records aforesaid, said ing but for oaths in the court Judge of said on an indictment more fully in said in and and now attending upon their 1935, said H. V. Bertram, tried said the County: add that there- did on the said willfully that that and corruptly on the said night the home of George Morris it-orris left the Hattie home at any time that Via's; whereas at the home of -George Morris that Via home night in truth night that and in and did �•ct • �state in said home on that occasion down at the home of Hattie and there willfully, upon the and corruptly perjury, against Morris, in Court trial whereby they and dignity had left the said in the county swear falsely the peace This Hubert said Via; that a dead man John Tolly aforesaid feloniously, and €eloniously and sent commit willful of the Commonwealth of Virginia. indictment Robert did then is found on the testimony of George Morris, R. s. Dwy~e and J. Robert Switzer, Clerk Morris, and Alexander Morris,l\witnesses sworn before the grand jury to give evidence. �Perjury Commonwealth v) Indictment John Tolly Felony April term, 1935 True Bill: ..... Foreman 'Vi tnesses: George Morris Hubert Morris Robert Morris Alexander Morris R. s. Dwyer J". Robert Switzer D. W. :Earman Commonwealth's Attorney �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......................................................................................................... . ::::::::::::::::::::::::~:::~~:::::::::::::::::::::::::::::::: .. :::::::::::::::::::::::::::::::::::::::::::::::::: ...• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock., a. m., on the ... /£ .......... day of ......... ~ ........................................... 19 ...J..9.7° to testify and the trnth to say in behalf of the Commonwealth before the GRAND JURY .................... .. ::·::::::··::.::· :::···::::::::::::::::o;4-;r··-_·.::·:::::·:_ ::::::::::::::::::::::::::::::.::::::::::::::::::::::::::::::: who stands charged wl'-~·'f~:~y misde1 And this you shall not omit under Jnnalty of £100. And have then and there this Writ. Witne;~J· d,y of .RfJBERT SWITZ~R, Clerk of our said Court, at the Court House, the ... .f. .............. ··"F···· ..... 193 o' ond;,, th, J,S.p (1 THI SERVICE PUSS, HARIUSONBUIU;, 'IA. 11::t;,t~~ weal h. ' Cle,k �Executed on the 12th day of April, 1935 by delivering a true copy of the within surnnons to Geo. :.orris, Robt. :.orris, Hubert Horris, Alex 11:;orris, R. s. Dwyer and c. D. O'nonnell, each in person. ~~~, :::Jeput y far ~ Fawley, B. R. C. ~ ~ ~ "~, ~ . 11 ~ ~~~~ �In the Name of the Commonwealth of Virginia: You are hereby commanded to summon~.~:~~~ •df~::::~:::::~::~~::::::::&.~~:::::::::: ZJ;If,;;;;d[L~••;z•g~ • ••-····••••••••••••••••••• Court House thereof, 19 2..r- who stands chargedll:tvitl and indicted for a felony 1n-M·de'1nea-no . And this............ . .. .................... shall not omit under penalty of £100. And have then and there this Writ. Witness,Pf:[};~T d,y ,, •• , SWITZER, Clerk. of our sa~urt, "T . . 19 3 ~ ;n th, 1, SER VICE PRESS, HARRISONBURG, VA. No. 457 7~ .. 7:0-;r;!J.:.:::r~ ~ THE at ~he Court House, the . Ck,-k ��2 Virginia, Rockingham County, To-Wit: To the Clerk of the Circuit Court for said County: 1, Hamil ton Haas, , Trial Justice for said County, do hereby certify that I have this day committed,___:J:..._o_h_n __ T_o_l_l=---e_,y..___ _________________________ to the jail of 5aid County, that.__ _h_im_____ in the may be tried before the Circuit Court for said County for a felony by committed in this, that.____ 195..5._,inthesaidCounty, mony which h_e ____ he gave unlawfully on oath _ as Circuit Court of said trial, against the peace and Given under my hand, this 12th he.____ did, on the.__ 2_?_t_h __ and feloniously a witness upon commit the trial per.jury of County, which testimony was dignity of the Commonwealth day of A.priJ , 19-3.5_. Bytf;;:;; day of February one in lex the testi- Morris, material upon of Vireinia. said ~~J~ �COMMONWEALTH OF V • v. JOHN TOLLEY Grand Jury �TRIAL JUSTICE COURT CRIMINAL DOCKET NO.. .J.(,Z.. COMMONWEALTH V.) ,tur~ o/ff 5 r ~- ).7.~~ ~-~/~ ~.,~ ✓~- a.0i,c ~ JJ.JJ-- ,, ~6~ ... 17 /6:~ ��OFFICE TRIAL OF T~E .JUSTICE FOR ROCKINGI-IAMCOUNTY AND CITY OF I-IARRISONBURG ~ARRISONBURG, VIRGINIA 1 C01ITvION';T"rl OF VIRGINIA: COUNTYOF ROCKINGHAM, to-wit: TO THE SHERIFF OF S ID COUNTY: You are hereby commanded, in the name of the Commonwealth of Virginia, Robert Morris, to summon Geo_;rgeMo~fisA ,n C.~- (Y'i).~., "" • ..5~W'::7~ -./and Alex Morris, to 9. /,2. ~ Hubert Tuorris, appear at the County Court House on Friday, 1935, at the hour of 10: 00 o'clock before the Trial evidence in behalf Justice A~ M., of that of said County, to give of the Commonwealth of Virginia, in the pending prosecution Vi~ginia April v. John Tolley. Given under my hand of the Commonwealth of 12, day, �) ~ ~ ~: - >· 0 ~ Conrrnonwealth of Virginia ~ v. (Subpoena) ' John Tolley April 12/35 10 : 0 0 }J.. ~ t C ,.. r ~"' '( " ~ 11!. • C ~ '\{) -~ ,fr ¼ ~ ~ ,_'i1 Jr i. t t~'-t' ,.~ ~ ' r~ ,r, \ 0 ~~; & 6 -VJ!b ', ,J~ '\ •./' \ l~~',1 1½-t> 0(~,~C) .> ~ _). ~ l �COMMONWEALIB OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: TO THE SHI!lRIFF OF SAID COUNTY: Whereas, this D. W. Jlarman, Commonwealth' s Attorney, day made complaint Haas, Trial Judge of said day of February, ful 1935, and corrupt upon the for county the said having ris left ceeded at tell time, county upon the that they r.forris and in fact said John Tolly George Morris, et als, in the Circuit Henry Raines, trial, the said after Alex Morris, that on that did stop, George Morris Via home, and while commit wil£ which he gave on oath there that they and which he and Alex Mor- the said they pro- did not stop and that he did not or at any other Vias; along Court John Tolly they occasion, shortly left that night, a dead man at Hattie the home of the said Hattie did feloniously immediately at all add others left said on the 27th Via on November 9, 1934 that to the home of the said George Morris John Tolly killing oahh that CE"~C.E me, Hamilton of one Alex Morris the home of Hattie the home of"~ that for feloniously under before in the testimony trial was material testified County, in said perjury as a witness testimony and information has whereas in truth with Alex Morris, after they left John Tolly told at the the said a dead man down at Hattie Via's. These are therefore Virginia to command you forthwith and bring him before Harrisonburg, dealt with according to answer to law, Hubert Morris, Dwyer, and J. Robert to testify Switzer as witnesses of the said to apprehend me, or some other Virginia George Morris, matter in the name of the Commonwealth Given under my hand said of said complaint and you are moreover Alex Morris, to appear on behalf complaint. the Justice the said at Robert m~ John Tolly county at and be further required Morris, to summon R. s. the same time and place of the Commonwealth touching the �,.H �6 ARREST WARRANT The Commonwealth of Virginia,}T 't• . h am C ounty, o-w1. R oc k 1ng To the Sheriff of said County: Whereas, _D_._W_._E_a_rm __a_n__,,'--C_o_mm_o_n_w_e_a_l_t_h_'_s_A_t_t_o~r_n_e-y _____ of said County, has this day made comp] aint and information on oath before me,,_""H,,.,,am=,,,,_i.,,,l,.__,t<->o"--"n"'----..H.......,,,a..,,a,....s ........ , ---':T~r.....,i!--'a ....... l--=-C!J':--'1....,1 sCLUt~i ...,..c,..e;,._ _____ T. J. OT J. P. of the said County, that.--"'J-=o::..:h=:n=-=---!eT:..eo::..:l:=:l=e..,_y ____________________________ of the said County, on the_-=2-'-?_,t=h,._ __ unlawfully and Commonwealth County, gainst of Virginia the peace commit v. Alex and perjury Morris, dignity _ , 19---3.5_,in the said County, did ___ dav of February feloniously _ while in of the the testifying Circuit Commonwealth in Court of the of case _ of Rockingham Virginia. These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said,____________________ John ____________________ _ Tolley to answer the said complaint and to be further dealt with according to law. And you are required to summon,____________________________ -------------------------------------evidence in behalf of the Commonwealth, on the examination touching the said offence. _ to appear and give �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: I, ___________________________________ , in and for the County of Rockingham, (T. J. or J.P. or Bail Commissioner) of Virginia, do hereby certify that _________________________________ ___________________ Commonwealth _____ and _______ as his suret. ____ , have this day acknowledged of Virginia in the sum of _________________________ which they severally waived their exemption, themselves ____________________________ _ indebted Jollars ($ ________ to be made and levied of their goods and chattels, yet upon this condition: State to the ) as to That the said shall appear before the Trial Justice Court of Rockingham County at ________________________ ,, on the _______ day of ____________ , 193__ , at ____ _ o'clock A. M .. and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there al1swer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void; otherwise to remain in full force and effect. Given u1.der my hand this, the _______ T. J. or ...... 1-- ;::i 0 u u -~ ...... en ;::i ,-., ....... ctl i£: ..a 0 <d t::...a <d 0 II) ~-B Q) .... .... u ...c 0 '--y----' cii c:: ·g ~0 ·;::: 8 u s0 ~ ~ > "d '"d ~ ;:) ~ .... .., 0 .... ,..Q o: 0: r': ~: -s ..... 0 "d i,Ai,A- -~ S 8::, 0. "' ~ i,A- i,A- ~ Q) "' "' 0 c:: CSl..0 a: ~: <): .... ... .5 ..... 0 ~ ~ o: o: o: Al -:: tvl: tri! ½! -: -: 0 "' .... 0 ..8 ~ "' V •~ >, Q) QJ Q c:: o!\) c:: 0.0 0 ..... °' "' .:a ... 0 0 ><.... -~ C!) u c:,s 0.0 QJ c:: ~ c:: µ,l~ ~ ~ 0 :l u ~ 0 i r:i::.s .....c:: Q) ~ 0 .,; c::QJ ·-...c:: ~.., v;.::: ...c .., "d E-! Q) cu-~ ~~ ':E·c 0 ...!:: c:,s Q 8.:2 c::0.0 .... c:: § < V ~ 8::, "'c:: c:: 0 "' ~ i~ c::8 .., :>c::'"d ~ .., z.., <d ~~ :>- c::·- :,....._. i,A- i,A- i,A- - 0 QJ c::"' 0::, ·-.., u c:: 0 "°...c:: S ..., Cll '"d ...c::.., ~tlc::" c:: ~ 0 .... 0. u I - <J') ~ c:: .., QJ "' ~ u QJ ·c "' -~ "' QJ ... .2, µ.. "' ·- "QJ 0.0 "' \ .., ·;::: ~ 0 ~ .... cii ~ ,.!.l u r< ~ j ~ ~ 0 u 0.0 ::, ,-., .s ::, c:: "'~ 0.0 c:,s "' QJ 0 c:,s c:,s QJ "' c:: ·a 0 8 . or Bail Commissioner "d ~ \ c:: c:,s .... .... c:,s ci J. P. .... <d .., ~ , 193__ day of __________________ UI) c:: c:,s "''"d c:: "' :c: .., \ \ cii QJ \ ~ c:: >0 0 se V sot:0 s::, ....B .., en U< QJ ~< '@ ,-., J �v APB--IBJB #/c;1. ~f COMMONvVEALTH v~ ), Felony JOHN TOLLY /RJbcocq;r~ I \ l (perjury) 4,, ~ �/ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John Tolley Subject The topic of the resource Felony Perjury Description An account of the resource Defendant charged with felony perjury Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1935 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_013_002 Tolley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_011_commonwealth-v-joseph-eugene-sondheimer.pdf 1ca439c83eae4ec7ac25c5637767af2a PDF Text Text 6 Arrest Warrant The Commonwealth of Virginia,} T:'! 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, -~E~- -&~~K-l~s_e_r__..,~B~t-s-t~e~P~o~l_i_c-e~O~f~f-i_c~e-r~-----of said County, has this day made complaint and information on oath before me, _..,_J_..'--------"-c._._. __Js ........ w.... a._.r_,t.._.z<J+, __._.C"'"l~e .... r.._.k...__T........,.~J'---' •.__C......,..o'""'u ..... r----"t..__ ___ T. J. or J.P. of the said County, that on the Joseph 1st loniously Commonwealth or Virginia Eugene µOn heimer, 535 N. Commerce ~xx,Ave., _ Waynes• boro, Va. Sept.• , 19~, in the said County, did unlawfully and feone Horace· oser, against the pe~oe d dignity of the These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ___________________ _ Joseph Eugene Sondheimer to answer the said complaint and to be further dealt with according to law. Given under my hand this_~?~t~h~--- Memo. of Commonwealth Name ------------------- Witnesses: I, Joseph Euge~ Sondheimer, the accused in t:te above warrant, in open court before the Judge of the Circuit Court of Rockingham County, Va., this 17th day of Mar'jl1~~<9, do hereby voluntarily waive indictment on the above charge. �TO-WIT: of Rockingham, indebted State of ) as to to the and .................................. . themselves and for the County acknowledged ... dollars County at That the said appear before the Trial Justice Court of Rockingham to be made and levied of their goods and chattels, yet upon this condition: OF ROCKINGHAM, of Virginia in the sum STATE OF VIRGINIA-COUNTY Commonwealth which they severally waived their exemption, Given under my hand this, µ z Q) 0 u ~ C <I) Cl ci1 ci1 ~ ...c: µ ~lf~i Q) u VJ ·p ::, ....... ci1 ·;:: t--< C 0 0 ~§ ... s s u u +l µ C ctS ... ... ctS ~ Q) µ VJ ... ... <i:: '-y---' en :> s:I 0 .,-1 QQ)+l v"G>.C:() +l (lj ~•,-I ro CO .,-1 >, a:1 C) I l 11C) .. .c: • u .,-1 'O O f-1 +l co ,...~ -.;ti .:::~ A ~ ro o, --8 ::s::s • s:I .---I a ~....-lf-1.C:• .] ti{) Q) ::S ..,S::o.>.C:~t>,Q) CO ·;;: CO O -.;ti;> {J) .. .---I aj•r-1 C) (lj Q) 0 ......or-1 oo A 0 v::sooro i:.:: f-1~ l:lll,o •E day >, ...... >, Q) f.-4 ! j; j~ T. ~I µ ..0 0 Q) ..0 0 C '"d ctS t ctS ~ ...c: .5 ~ ... ...C: C µ ..... ..... ~ ~ '"d OJ ;.::: ...c: µ a3] Q) ... ~ :o X v ..... C s µl c:;;J. P. or : • th , : 19........ . • ~ Q) s +A- : -'. I : V) 1·1 ~ th : \ 0, Bail Co~;.;.;issioner 0 ...... >, ctS '"d I 'o VJ µ : +A- ! ~ ~ ½ .:.a : : : '-..,j ,., +A- • : (): : p ! ~ N! ~ : .., ,, _\~! .., , ! ..... - v g .., VJ V '-"' l:lJ) c C Q) l:lJ) ctS ~ VJ u Q) ... i • !:El 0 , Q) ... u !:El 0 C ... Q) 0 ·;:: >, ..0 VJ '"d ... ... .~ 0. "d ctS ctS i VJ u i VJ µ ~ ... :> Q) ~ •• ~ , I ~ I Q) l:lJ) ctS ~ ~ ~ N °"~ l I '9 c.-' - ~1 ·s ~' 0 ci1 µ t--< ~ ci1 •;:: t--< ::l .., ~ ..... O (), : ¼. W' .. , \]... ,-., ...., '~ v VJ I .f'\. , C' :--,...., I I I µ SO 8~ i:; ..,: \~.; : ! : ,, ~ th ~ ~ () \ q \ 9 K_ ½ VJ , ! ~ Q) OJ) ~ -:::: ::;; .VJ ~ ~ ]ctS---<--8 Q) u C QJ .... ._. ·a ~.a~ ~>0 ..... S s v C d i:; ~ -< J5 ~~ ctS _. ,-... ~ ·c ::J J ~ ;; ~ :::> ~ Q) Q) OJ) \ v µ.. •~ u .VJ Q) u ._. ~ •c VJ v ..2, µ.. l:lll C .,... ::, Q) nJ I +A- I I , QJ C ~ ~ ..i ......_, , on the ................ day of ............. .. , 19 ........ , at. o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and ther::i and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void, otherwise to remain in full force and effect. t L.... r Z ~ ~ ~ rT, C\l C\"l c., ,-... o • ~ G> ~ 1---\ ,-. Q (tS(I) +l f-1'0 .] f-1 Q) 0 c., s:I >, v <I) ....-1 a:1 ::sa1 ....c .C: ..0 'O Q) 'O ~+l (lj Q.C: Q ..O <I) .:, a, rd 'O Q ~ I> ,_. '"' Q M a~~~~ 0. ~ • . ;:) a1 ����������L ����\ \ ~ ��- --------- .:.., �����___) ����..J ��j ��1¢;? �~r_ ~A.,-.~~ ________, ~'\A I I \ ~. t!,,r ... ii}\ •,j • ~,.,~ Le·' o - e- ,4• .,A1 ~er~·~ ��In the Name of the Commonwealth of Virginia: To the Sheriff :h•lfa/ the ~•f~ndan'. Greeting: .... to appear before the Judge of the <;j!.ptif Court o ~unty, "y~ County, ~ ...~.............................................................. . Yoit are hereby commanded to summon .....~: at 10 o'clock, a. m., on the ../.1.~f. of Rockingham ......... ~. .................... ~ th, at the Court House thereof, testify and the truth to 19~'7to nw,./lh ,g,; L • .................... who stands charged with and indicted for a felonJ-'I~ And this you shall not omit 1mder penalty of £100. Witn~. J,y of And have then and there this Writ. ROBERT SWITZER, Clerk of our !~idrfourt, at the Court House, the .'l/2',?c:1L. '.. • ••• 19.l-f f._oml m th, J4ftJ ~~~. Cl,,k . �abode. said Dr. for c. , ~ ,Dep. S.R.C. usual -~:::;__- ~ " ~ "t ~ ') ~ am H. Callender, .J;' f!2'. S. Anne~:: a Not finding Dr. C. S. Armentrout nor any member of his family above the age of 16 years at his usual place of abode, executed March 15, 1949, by posting and leaving posted a true copy of the within summons on the front of door of the place ~ ~ \'- ~ l~ ~ de �\Vitnef ~qbpocna Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby comma11ded, in the name of the Commonwealth t_o appear before the Trial Justice Court of said County, in said County, on 22nd day of_--;~"t-,..------, itting o: Virginia to summ01; __________ at_-t-htf.a+-'rP--Pr'--'1ir!S.,_0Afifif--fb'l-lu-r"'g,,...,-""V .... i1-I,..~f.g,..i...,l'"'"l_.,.i--,,ar------ 194=&-, at the hour of 10. 03 i\ ~.tl• of that day to give evideri ce in behalf of----t-CT10c:J-!Iittr-''-1trrhtt---------------------------- V. Joseph _ ::J.uge.ne So1idhthimer Clerk. �Trial Justice Court Docket No. A lG05 _____ Oom'th I I ( V. ( ·witness ( Joseph Tc nee. Subpoena ....u::rcnc 8cr.d-ae-i-mer 22 1 1948 at 10: o A .. !... �\Vitne% Subnccna Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, E. E. Kiser, in the name of the Commonwealth 22nd V. case of _ Dee.o day of of that day to give evidence in behalf in the pending _ S. P. to appear before the Trial Justice Court of said County. sitting in said County, on of Virginia to summon __________ at Hirrisonburg, , 19-46.__ at the hour of Virginia 10:00 A.M. of__,,C"--'o=.m=-'-'t,,_,h~---------------------------- _,C,e_o=.m=-'-t=h,____ _______________________________ Joseph Eugene Sondheim.er _ �Trial Justice Court _____ A 160 5 Docket No. ~ Com' th ~ - I ~ I ....,_ ( V. ( Witness ( Subpoena 1 ....... Joseph Eugene To Deco 22, Sondheimer . 1948 at 10:00 AoMo �In the Name of the Commonwealth of Virginia: To the Sheriff You'" hmby comm,md,d to ,umm-0n .... fty!~cd of Rockingham County, Greeting: ....~ ..... ························································· ..···································· ... ·..·.····.................................................................. . who stands charged with and indicted for a felony mudenecamtr. And this you shall not omit under penalty of £100. And have then and there this Wr~~ Witnen ROBERT SWITZER, Clerk of our ;a!j, sourt, at the Court House, the d,y of •••'/f?"c't0 ••••1,Jif,.nd m the!/p.:aai- / l-1~ • Cl"k . ��In the Name of the Commonwealth of Virginia: ~To the Sheriff You M, hmby command,d to ,ummon ...................... of Rockingh~ ~..d._ ............................... . ................................................................................................................................................ ,............................ who stands charged with and indicted for a felony 11tisdemeanor. And this you shall not omit under penalty of £100. Witness,~~BE~T_}WlTZER, d,y of •••• '/'./Md::C.:. And have then and there this Writ. Clerk of our said yjourt, at the Court Ho1tse, the ../.1~. w41, ,.,, ;. th,~~~ ..... ·~ .. ��In the Name of the Commonwealth of Virg· ia: /U.~.J,,,,.A~-"Z,,?./1 rQjl.Getm1ty~~ ~ ..~.,, You are hereby commanded to summon ....... ..~~_,, ~;::::i?;;;;u.::"dfi;;;;;;>::::::~~::e;:::· ::::::::::::::::::··::::::::::: ~:::::<P;;;JJ.::?t..;;;;J;;:::+::y.~:::--;§<fe to appear before the Judge of the c· c ~it Court o at 10 o'clock, a. m., on the..lJ. ..... ay of. .......... . ockingham/,C:;unty, at the Co1trt House thereof, .~..... 19f..fto testify and the truth to say in behalf of the ~e~e:d:_nt )/he fJPsecuti .............................. 9.~rf¥. ......ra~..... ··········· who stands charged with and indicted for a felony m;,d-e,,te,mo,. And this you shall not omit under penalty of £100. Wit Jayo And have then and there this w4 _;:t,b J. ROBERT SWITZER, Clerk of our said ourt, at the Court House, the .../. ................. C.••••• 4-Y\••• , ••••••••••• 1.1/f and m th, /j:...;r, of th, Co .. ···········. ... • Cl"k �"~ f ~ ~ ~ -........ "'~ .t l ttl ~ Executed on the 15th day of March 1949 within the City of 1.faynesboro, Va. By delivering a true copy of the within summons in writing to W. C. Drumhelle Dr. Paul Wood, Paul Freed, Robert Sandridge, Charle Talley and John Jackson, each in person. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham . County, Greeting: You are hereby commanded to summon ..RQP.~T.t.. ..L.~..~..... S..~P..Q:r..i..9,g~··················../.J ....::.//......... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the.l.7.th. day of..................... M.~.'.t'..C!.h ....................................................... 19 ..1.~ .. , to testify and the truth to say in behalf of the Commonwealth against... .......................................... . ......................................................... JOSEPH ...EUGENE...SONDHEIMER ............................................... . who stands charged with and indicted for a felony mi-s~MKl'!'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, }:-ReB£R :f-5W-ff-Z:ER:,-elerlt-ofcntt"8aid-€om:"t', at the Court House, the ......lQ.t.h .. M h day of.. ............. ~:r..g·······················, THB SERVICE PRESS 173rd 49 , and in the-i 19 ......... ... �COl\l. V. ) Witness Subpoena JOS. EUGENESONDHEIMER To March 17, 1949 at 9:30 a.m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .........E ..! ..... E.~ .....K.:L./:!.e.:r.:'..gntj, ....DJ'.L ..F...,.....L...! ..... B.Y..e.r.S. to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on thel.7th.. day of.. .......................Mar.c.h ...................................................... 19 49 ..., to testify and the truth to say in behalf of the Commonwealth .............................................................................................................. .. who stands charged with and indicted for a felony against .....J.OSEP.H. ..EUGENE....... . ................ . ................... S.ONDHE.IMER ........... . mi-s@entetifl.6'1':- And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f .~T-S-W¼-R-ER;-f::±e~ day of... ............. Mar ..ch. ............ , 194.9...., and in the THE SERVICE PRESS -e>ttF-Si!.ia-Gotit-t, at the Court House, the ....lO.th ..... 73nd .......... e~:rrlf-th:l;i.C • �Executed the within summons at the office df Dr. F. L. Byers, Professional Building, Harrisonburg, in Rockingham County, Virginia, the usual place of business of Dr. F. L, Byers, by delivering a true copy thereof and.giving information of its import to Elizabeth Greene, the person found in charge of such business, this 15th day of March, 1949. for 8 0 s:: p., '-;1 (} :,:J' c.o •• 1--' • vi ...J 0 .. r ~~ I ; ~ . • t\~ ~ 1 ~ ~ ~~ ' ~J I- o c::: ,_ 0 txJ O ,c.Q 'DI~'""' ... "' • ,E! O ~ • !:o . c.o p., I-' t,,.j (".) t><l 0 ttj ....~ t--3 ~~ ~ • • I ~f:,1 ·~ I ~ 1.l 0 l> ~ ~~ ::: ,Dep. S.R.C. Sam H. Callender, ;3 ( ~~· ~ . 0 en t:rl C: 0 t:rl zLtj . < ......., .,;: "'-" I-'ct- ::::1 (1) Ci) Ci) (/) 0 (/) ~ ~ 8 'rj p., H t:rl 0 E:: t:rl p., c.o ct- ~ ~ o' (1) :::1 0 0 . ~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .....Mr.s ..•..... F.ann.i.e. ....B.µ.r.ne..t..t ................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ....17.tb.day of........................................... .....M ...... qJ1............................... 19..1~.., to testify and the truth to say in behalf of the Commonwealth against ...................... . ..................................... JOSEPH...EUGENE....S.ONDHEI.MER................................................................................... . who stands charged with and indicted for a felony w.is'1em.oat19l". And this you shall not omit under penalty of £100. And haJe then and there this Writ. t.ROBE-R,-5Wff-z'.f:R.;-elerkuf oOT"S'itid-0,nn, at the Court M h 49 , and in the~173rd of.. ................ :,µ:'.~····················• 19.......... ...... ~~~--;::-Witness, day THE SERVICE PRESS House, the .....1.0:th..... �COM. V. ) Witness Subpoena JOS. EUGENESONDHEIMER I 17, 1949 at 9:30 a.m. ·z ����/4 ������~..2:a~- Trial Justice Court Criminel Docket No. cl_::/ I,0~- Com'th v. f;!: ~ -~r- ..~,,Lt_·_ Joseph Eugene Eondheimer Bailed to l_fJ::_:i_l, _ ~d. 'f~ 1._{}J_ r Date Arraigned Trial date Tb,_I~ - 2- ~ -c.;~ /~f-, ·YI· -- �IJr. I would Franklin: aside be set to t e la-.r a _a che evidence; su.i:-'port it; for the like third, eviu.ence v111ic11was Court faili in ooj;:::ct cl to of rJ=arks the .Juo.ze Ford: to enter on the in follow~~ tlle ~ g to errors grant 1•art th~ 5 re~sons: seco110., ro1,erly The Court juu.gment to Ji.ake a niotion· or· the exce auu or the arg~aeLt overrules on t e verdict. ted first, it is Court to,. without anc defendant, tln:. it the verdict is contrary evicie:,ce in adr! i tting in granting before that t7...e errors certain ancl the 10 tion also to certain the 01 i1.strue,tions on the 6 rounds jury . arm wi 11 rro ceed ��HUMES J-42 LAM.BERT, BHAN.AM.AN J. LAW' & BARGER BU"JLD'ING WAYNESBORO, FRANKLIN OFFIOES VIRGINIA March 19, 1949 Mr. Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: Commonwealth v. Dear Mr. Switzer: Sondhimer Please find enclosed the grounds on which the motion is made befcr e the Court to set aside the verdict. ~rs. Baylor it to you. sent it to me and I am forwarding I am ry trul;y, F-z ��I INSTRUCTIONNO. The Court manslaughter to the the intention unlawful, of is a lawful but instructs killing of not act. the felonious the of accused; act; jury one that involuntary accidentally, in the or in contrary prosecution the improper of some performance ��INSTRUCTION NO. The Court the State upon as to guilty the instructs of Virginia, highway endanger of reckless ~ 1·- -- . ~ the jury an operator recklessly, the ,___ life, driving. = or limb, that under who drives at a speed or property the laws of an automobile or in a manner of any person, such is �.' �-------------------------------------INSTRUCTION NO. The Court the evidence Moser beyond resulted in~ instructs a reasonable from automobile and that such said in car carelessness human slaughter then as dent rece charged that if doubt that the from in the find manner, him guilty indictment. death Joseph a passenger Sondheimer, operation such with from of Horace Eugene Sondheimer's incompatible shall you believe by him while accused, or reckless indifference you jury ved by the resulted an unlawful or life, injuries driven ace the _3 --- as of to indicate a proper regard of involuntary man- for ��INSTRUCTIONNO. The Court evidence is provided the to satisfy beyond just instructs as legal the and circumstances the minds a reasonable of are the doubt. just of jurors ---f-jury that circumstantial as effective such character of the as any and defendant's other, force guilt, as �,; (' . �INSTRUCTIONNO. upon the reasonable The Court instructs Commonwealth to doubt of charged against for Commonwealth the absolute more than accused certainty satisfy s guilty the prove the accused, to the establish jury thereof that accused and every does or beyond jury the an offense S all the guilty mean the guilt that upon beyond all the it is reasonable thereof, necessary accused of mistake evidence all element of the possibility resting beyond material not that burden as doubt. or a whole to an to do the �r r . - - - �INSTRUCTIONNO. The Court believe the at from the time ~:whlch under that drlnking or under any defense of the acc:irent, Sondheimer the to the 0-y- jury Horace the that Moser, even though you may who was killed influence in of intoxicants or was driving influence as the evidence accident,was the instructs e knowii:i.g that the said driver ~~ ~~ ~ none of these facts c-onstitme of alcoholA accused, Joseph Sondheimer, in this case. \ ��The Court necessarily ~n constitute instructs reckless the jury driving. that speed alone does not ��The Court charged against as might negligence or by his more than tinguished action, indicated a callous consequence upon every of his act results act; carelessly vO result damages by the person if killed, and gross of human life liability performed of another, from negligence, or death, ~ ~unless under the negligence with find:-. a callous be predicated Joseph such carelessfor criminal for be as to show disregard likely believ6A_beyond is guilty was gros: and of the probable ~~ jury damage is that it must necessarily circumstances disregard the defendant, negligence in order or wanton and of such a character of others as dis- of the accused because but some- fo~ a civil cannot merely but negligence, as is necessary criminal by the such negligence to be criminal culpable "=-'(~ .... _ _,.Ji.£iijlij'gi.#iil:t ;iiiiiiijl£::;;i;z;a1111• llllf••-•rasl"'L....../ ~ doubxhat Joseph E. Sondhimer should sifuply for of the crime negligence; the negligence disregard in the death of the safety injury in order negligence; the gist representative must be shown that and culpable reckless of a suit personal that; that is crim nal from such negligence it liability jury is meant not be the foundation injured ness the the defendant term criminal thing instructs to c use , all reasonable / '- of gross human life, E. Sondhimer, and culpable then they not guilty. which ��I The Court whatsoever rests contracy, instructs the on the accused, the whole burden sonable clear doubt, sumed or taken however strong; of the evidence not sufficient will he is more probably tion; exclude his the than however, every are also reasonable innocent, grave to the o mere preponderance guilt for hypothesis -:di U£c3Q case. probable, It will of authorize a convic~ consistent his innocence is or that in law no degree of_facts with rea- of guilt, his tent jury beyond every of a civil incons~ on No suspicion or strong, upon proof rests is to be pre- to convict. jury may believe on the Nothing as in the trial guilty shifts, evidence, him. no burden innocence, to prove as charged. sufficient suffice guilt, such facts legal case sh his case, against nor can he be convicted unless entire he IB guilty is ever that mere probable the by implication in this which never and convincing that that to establ of proof, the Commonwealth throughout by competent, jury with guilt, and actually which is consistent with innocence. If, oz bl sq evidence guilt, therefore, of innocense, falls to produce beyond a reasonable guilty.~ l ( I the evidence or if for disclosed any reason, upon the minds of the doubt, it is their any reasonable the evidence jury duty hypothesis or lack a certainty to find of of his him not • ��!J. The Court E. sondhimer, instructs enters upon his sumption of innocence, regarded by the of innocence thereto during unanimous is of itself and require and substantial and it benefit ibereof, and give through deliberations sufficient a verdict Joseph by a continuing On the contrary, thereof, verdict. accused, pre- is not a mere form or snam to be dis- at pleasure. only the accompanied stage not their that goes with him and aoplies every him the full weight also It and at give jury jury trial which is an essential Commonwealth. trial the It doubtful to turn the taking and until cases the of not guilty. this scales part this presumption of the throughout is the duty law of this the entire of the jury due conside:ntion and of the but evidence, they have arrived presumption in favor to at an of innocence of the accused �ilf' �IN THE CIRCUIT COURT OF ROCKINGHA1'1COUN'l'Y, VIRGINIA: COM. v. CHARGE TO JURY JOSEPH EUGENE SONDHEIMER If of will you involuntary say a period your discret one year fix or by both accused, you as less not fine find Joseph charged punishment than by confinement a fine such If his of not on, or the manslaughter, so and for find exceeding and at one nor in jail Eugene in the Sondheimer, indictment, then in penitentiary confinement more than for five a period One Thousand guilty Dollars the years, not or, you in exceeding ($1,000.00) mprisonment. him not guilty, then you will say so and no more. �r n \. �-_[_ The Court impartial arises that consideration the of all in the mind of the if the actions tate instructs same kind of life, it and pause, of the guilt guilty, the guilt precise, since that if the evidence jury a doubt were interposed would cause a rEmonable the jury of the accused a verdict of the accused, is not and it 11not of if and narrow is guilty" any, from a fatr_ in this in the their there and character graver and prudent satisfied and case, of such nature of doubt then specific jury man to hesi- to a moral duty to find certainty him not means no more than has not been established form prescribed by law. tr~ns- that in the ��The Court rate of 80 m.p.h. in the operation If~~ instructs does not Ajury the constitute of mautomobile. that gross speed alone at and culpable the negligence ��;, )Ii/ The Court rate of 75 m.p.h. instructs does not the jury that cons:.l..tute gross ile. speed alone and culpable at the negligence ��b The Court instructs of 60 m.p.h. does not constitute the operation of an automobile. the jury gross that speed and culpable alone at the rate negligence in ��The Court rate of 65 m.p.h. in the operation instructs does not the constitute of an automobile. jury that gross speed alone and culpable at the negligence ��Trial Justice Criminal ~/io.:::.Court Docket No. A· D3 0 J.. Com' th v. H~s~~ 7, ;-< /rJ 2 f~ /o -.21- <f-J t..~k --ro· -/'v-..--a--~2r/ 1~,·A, IM ��Jury 3/17/49 1. Chas. H. Bowman 2. Wilmer Argenbright 3. Herbert 4. Paul S. Lam 5. Lester 6. Henry B. Bowman 7. s. w. Flook 8. COMMONWEALTH of VIRGINIA ~t-~ ) ) Felony VS. \~°'~ (manslaughter) .Qg Warrant ) Garst JOSEPH EUGENESONDHEIMER O. Myers Humes J. Franklin, :i,; L. P. Fitzwater 10. Howard V. May ( X) Waynesboro, Va. Appointed ( p. d. ) " ~ Fred G. White 9. Own 0p " = "0 '0 "(') {Tl 1949 Mar. 17. ~ ? 11. Roy L. Coffman 12. Elmer B. Kaylor 'C :. f 'C !' ~w,cJ./J, I-- J Waiver of Grand Jury; plea n. g.; jury imp. evidence heard; motion to strike overruled; verdict, and motion set aside; overruled· and executi~n susp. for ~Oda. to allow appeal. . 71454 ~~c:;- ~ ~-fa-~7 - ---4I'l tJ '·• CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��Commonwealth of Virginia, Rockingham County, To,wit: that on the ........... ~~.~.........day of..........QQ.t.O.P..e.r. ............................................ , 19..:4.8, BE IT REMEMBERED, JQS ...... :a.tu.g_~ne ....S.Q.P.-9.h~~~.:r. ..................... , principal and ........ ~tY.l@<l ...G!'?.$..JJ~.l.t.Y. ...Q9. ......................... .. surety, who justified to his sufficiency, came before me, .........Sh.e.f.f.~Y. ...t.!' .... P.e.v.tg:r. ............................................ . .........................Bail ...Co.mmi.ss.ianer (J. and acknowledged .................................................................., of the said county of Rockingham, P. or Bail Commissioner) themselves to be indebted to the Commonwealth of Virginia each in the sum of.................. to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth of Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition : That if the said......ao.s.e.P.b .... Euge.n~ ...S.9.AQ.b.~.(bme.~......................... shall per onally appear before the ~l T na J . , C ust1ce s ourt of Rockingham County, at the Courthouse 2 of said County, ~.....day on the.....2...t .. P.M. of !Jmt ......QQ:t~iPe.:r.., ...194.8....a.t.....1)11 iii I aw£.;.: being ~ ........................ J4ij.!!52111t ..................................................... , ler........, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with the said charge, and then and there answer the Commonwealth of Virginia concerning .................................................................... whereof a certain.......f..~J.9..P.Y. .............................................. the said .....J:o..~.e.P.A ...$.1?-.K~P.~ ...~.9.:Q.Q.P:~i~~.r .................stands charged, and be bound under said recognizance until the charge is finally disposed of or until it is declared void by order of a competent court, then the above recognizance shall be null and void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, I hereunto affix my signature this ............5.th .................... day of ........9.Q.°t.QP.~~ ...... ........................................, 19...4.~ ..... Acknowledged on behalf of the surety 8. ��Report of Witnesses for the Commonwealth Month Whose mileage and attendance of_~D=e~c~•- 19 48. _____ were not collected by the Trial Justice before the end of said month. - ( jB)--1..V,,><_j Fet. Pro. or Misd. WITNESSES ~J;;_.)l..~ ~m-vs.~ Fannie Burnette,Staunton, 1. - Va. R-~ ~, - Days Attendance Miles Trial Justice ZOlerk. Mileage Total Date I~ / IA 1 .50 24 1.20 ~ l.?O 2. . 3. 4. 5. 6. Com. vs. 1. ,. 2. 3. 4. 5. 6. All witnesses all necessary grand jury. ferriage summoned for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning (Sec. 3512) . fifty cents, to place of trial or before ��t ~ • .~~~~.J - ~~oo~~- -~~,#,$aw:-->?7~/~~ '(....," tt tt -- t +t 1T �~ ~) .,. I �----... (j)~ _,_,j, ~~ ~ I COMMONWEALTH VS.~ . I ti' ilt~ DESCRIPTION OF PRISONER Last known address ___/J!~A~~---'5:J_~-~~~--- w Color __ I Height11lA______ _:-:_ _ _ _ _______________________ _ Eyes_~_},_/__ Marks ______________________________ --·----------_ Age_~_£______________ Date of TriaL Result--'-~ -@.~:L ._Y-~ I -- _ --------- Hair 113 --- ---- -------- ---------- Weight_/_6_ ------- ---- --·-- ---- ------ -- - --- Occupation __~__________________________________________________________ 7:__7'_f ~ __~-f7-" vt.t:7• _ # ~ __-- -- ---- J-J_- __&(~--:_ _t?__--:_ ___________________ -----____ _ -- _- ---- ---- ---- - --- ---- --- __--- --- _--- _-- ---------- -- -- --- - ��8 6 .7 5 4 .7 0 4.2 0 * 4.3 O 4.1 0 4 .6 O 4 .2 0 3 .9 4.0 3 .8 4 .3 4 .3 4.1 4 .5 5.2 5.5 3.5 3 .5 5 0 0 0 0 0 0 0 0 0 0 3 .5 O 3 3 3 8 6 .5 .5 .5 .7 0 0 0 5 * �.. �OF STATE POLICE 110621 19_ .. summonsed to appear before: ... Trial o.,t'ah:,, (Place of Trial) Driving., □ .,Exceeding Speed Limit Improper Defendant Oper. or Chauf. Lie. No. GJ;J t:, Sec. 120 Chop. 342, Acts 1932. Failure to comply with this summons constitutes o separate offense. State Poli Shield No____ _ (Date) O 'd' at ~o·c1oc No Operator Chauffeur License 0 D �,. .. I ... ~~,.vi. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Joseph Eugene Sondheimer Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1949 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_011 Sondheimer https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_007_commonwealth-v-joseph-francis-burke.pdf 525c5db9c0e8f311b7da8e012a876e1a PDF Text Text ., 5 /}t/c1 lt;5' 7r:'~ 1 ~ ;e...nv~ 1/~~~ tlo/ 7, ~ (;, ;V-7.t ~ j' 7 (J~ ~~.,~ 7~ ~ ~ ~.. ,,,,, COMMONWEAL TH of VIRGINIA ) ) ) vs. Felony (manslaughter) I' • JOSEPH FRANCIS BURKE a,. ),,y~ ( fl~ Ii---/~ '1 ~~~a.~ Iv z_;/ JJI_ ~ r~c8. i-!'&J2'drm 1 <'f: ".) Docke~ I I?~ ?~l~ ~ ttJ~..u-v- _H_a_r~ry_Bl_a_tt ________ Own (X ) Appointed p. ( d. ) 1952 March 3. Return of f, 5151 .j 7/ G .J. C:C/J Z.C-t,iiiJ • f 0 I,.,,,/ - 8/ ~ 11t-t7 .& ~ ,. /1/1; ' I CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand body of the jurors County Court of the oaths do present of the of Rockingham said County, that day of October, 1951, and feloniously kill the peace This and before ussell the of Virginia, February term, the 1952, the Circuit upon their JOSEPH FRANCIS BURKE, on or about the 13th d:td in said County, then and there/unlawfully is found one Bessie on the r:IcDonaldson, jury in and for and now attending of the Commonwealth indictment William at its and slay and dignity grand State to give Garcia, against of Virginia. testimony witnesses evidence. Gerrard of Trooper~. sworn in court M. Slane and sent �l 4 1952 },, McDonaldson {j . INDICTMENT Bt:JRKE COMMONWEALTH v. JOSEPH FRANCIS Term, bill: FELONY February A true ~illiam D. M. Slane -=-e5----'-£, ~ ~ Foreman WITNESSES: Trooper Russell George D. C o:nrad Commonwealth's Attorney ~ -~ ... ~ ~ ~I ~~ C\ t ~ l\ ~ ~ ~ �Circuit Court of d,.,', in of the the year County of Rockingham of our Lord, on Mond;__:r, the nineteen hundred Present: Comnoff On ar1 indicttLnt Josepl rr~ncis and by his Joseph sai" Burke, .tlarry Joseph Blatt; rFt.ncis 1 and f:i_ee from an' na"'les o... Eye, Ellis L .. Minor Rhoe.cs, the Ther u on, the jur objection remai 1in Layton A .. j uy 7 - ere render accused s .orn in th·t it thereto. to exclude all motion Co1rt the heard is not their room to again in to Court sustain .±7:', ll11!!1ely: the ck the Fred c:.from betts 1. Bumorrdne.r, J.1erman A.. S. B der el1- lan 1 selected nd t 1e 1 and. the f rther of counsf~l, and after evidence. charge b. ich cou.n~el ved the t:is trial instructi were .30me time, foJJov.ring verdict: Court excluded. l,he jurors bar 'the e statute, accused the at rorM of tee ua 0 e oft and the ..JCO"tt, nd true r1.soner to the III, as a.~oresa :..d ::-,r1.L, try E'-'-c.: to tLe l[ h vine: received the ining c. were returned cont R2..y ~. Grm.e, d and tLe witresses Verdict and found Armentrout, durin• cons Lder their ri t o. courtroom t.1e argument guilty for str ~ indict- a attorney rna tel.r by co msel from. the evidence, nn Court ,f nnrler , li::t objected in the the The accused the ing co1nsel v:itnesses heard und .te!::'2!~:;" accor b to not 01 ,here J.)on, to the .izance on 't.le Court Com .onwe· 1th b iH1s overruled excepted 0 the n&ke betv een the verdict havin Jud 6 e. recog by tle handed eaver, R. and I..erman Buhl,,{A rthur and a true the ex& ined who eacQ alt ,theny, ttaymond cons ti tu te deliverance accused 1 er ~ons, ono, Li-. the a _plea by t e sheri tion; Wc~s ~ J.-L H. Al to exce n mes of s~ i l~_._'sons Corru onwe· 1th to ons were to his arrtiuned :i3urke entered facias,~r J.B. Haas, Co.. onw al th and bejn'-' aLd of venire qualified the came pursuant And fro _ Pers Jns sum oned the ·o. ( .. anslau'-'rter) for thereto. the Hon. Han.ilton a felony attorney _'rc_ ..cis attorne:T, the for day cc=.methe accusecl_, duly and fifty-t Burke This ment, day al th Vs. the 5th He, 11 1 whi.ch And n"'Tt P sent to Co:irtp they came the jury, �.... 110 .., 1 c., 'I £ ')'I .J 0 t T, • " > el j _J .. .., t t : ~l ,J -~ . t -~ l. . t 'I 'I .CJ ' '-'- ..) . .., .... .i{ t t t ., \ ' ( . -, -1- 'i' ':JV.')" 'I '-l IlLO::l (\ ' t . 0 t 'I �r-- find Joseph Bessie Gerrard sentence 0cott, if Frcncis foreman. anythin; it is of the in therefore 1952. 11 therecofter to jail until R d Force to bein Co rt he can to be held said fine tr be delivered p_oseuction no" and f or t1 a-c of, Commonweal th that 1 pronounce in delay Dollars, the recover fine he be~ aforeheld to th e t erm o f ,<Jf-f--' -r:r-mon th s a e paid. to an officer as a member of s~id should t the A. of t:1c prisoner or alleged .l:''ive Hundred and costs Herman inc.uired 6 Co rt bein 6 offered this and fix };his of $5JJ.OO. say v:hy the Burke of indictment ' t e Conv1:c • t R,oa d F orce 0-ca until aforesaid. And it 1y the .Francis 'c.h e the cilld a fine or knew to incident in jail considered s~Joseph o~luntar~~nanslaughter charged on hiT"l, and noth in'' and costs I /\ h ar d_ 1 a b or on purposes guilty as :May 5, he had said and Garcia 6 months at sentence Burke And he is of roc.:.l force t':e St'-' te for the committed Convict term and �1o V,L CCU ...f! m -- s.:(lo -, f j 'I 1 Of!O. r 'I 'I I ::> a e 'I ~'I G \,. J. ~ J G ~ J' (. J [ ~I 0 a -::> ~O A b I 'I . - �DEPARTMENT OF STATE ~ty_~R,~a_c_X_1_11/~'~'~➔~A~fll.._._________ _ ___.F__.R....L..LA-'-'-N"--"C"-'-l=--~'8~_v~R~><~1:~ ___ M --~lil-~ .....,s""---'e""--lp__,_U__._ (Name Trial Justice ____ to answer ...,,G..i-,~~A~\/_,,tf"-'S=------ for Violating the Motor Vehicle laws fJ A:Je8 of of Virginia, to-wit: _ yau are hereby IS, 0 N (Place of Trial) Reckless Driving 8 I.)/i ~ Improper _________ DC t p~:~:n~" _Q_-_,/'-""3"'----,S".;;___:_/_ ta appear before: ~ ~/ - / ,.. at ____ 2..,d i) ,o'clock ,/J (Date) D :Md605-72$, Summons required under Title 46 - Section 193, Code of Virginia. to comply with this summons constitutes a separate offense. / / on I Dat~e ___ summansed ; Exceeding M~NS.lJ:,.\J Tt.~ D -----'-::..::....,'-------"-=---c"-----''----'--"'-='-------'--'---''--'=--------------------------Address 231/ 3~r, Sr, Defendant ~per. or Chauf. L,c. No of Defendant) B 148454 POLICE ~tote Speed limit iJ,E, w~~\ Police Failure Shield No._2=~9~0- ~,,,,21 D No Operator !). Chauffeur c.-Andlt: .,._...., 1/o...Nt., (Address) license M �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Failed to signal tum or stop Did not yield right of way Improper passing Disregarded stop sign Operating wrong side of road-not overtaking FOR YOUR INFORMATION: The trooper who has issued this summons is paid straight salary and has no interest in any fines or costs which.may be imposed on you by the court. All traffic fines for State violations are paid into the State Literary Fund and used for educational purposes. The cost of State Traffic..Law Enforcement in Virginia is paid from Highway Funds. a �Comp. Form 18 STATE OF VIRGINIA COUNTY No. ___ To-Wit. \ ~R'-'-"-o~c-K~i~n~~~.h=a~m,,,._ _____ _ OF __ TO ANY SHERIFF _ OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, __ __.,__.____..>.U.__""-"'---""'"-"~'--"'--'~..__......_,.,_,______.,,.._,._,e"'-cNamel 'Tri al Justj ce Court of the said County, that ______________ ~ (Title) ______________ did on the kill _,,J'--'0"'S=E.,,__,,,.P--"'H"'--'T:1=---=-TI,....'.:.,.d,__,_J=C__,,,I=S"---'B=·_,,UR=I=IB=___________ _.in the said County 13th and dign::.ty day ot____ Bessie sla of ~0~c~t_o_b_e~r _____ the Comrnonvrn~lth Gerra.rd of , 19~: Garcia, Unlawfully and against the feloniously peace and Virginia. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon color ____ Address color Address --------------□ color Address ________________ color Address color ____ Address ____________ -□ D -□ _ --□ as witnesses. Given under my hand and seal, this_~l~5~·~t~b~ 19_5.l_ (Seal) �j/~· -7 1· === m • nd Trial J11otiee Justice of the Pem I. f0 aforesaid, State of Virginia, do certify th ' ' that to the Co JOO ($ monwealth O e!_ ~ , have this day each acknowledged as~i~;::~ and _.C;:lq.~LS:~~~~~~::..::.~~~~~~~~L~~_:_--, of Virginia in ), to be made and levied of their Dollars oods and cha_ttels~ands, nd tenements '1 ..,.,..,•~' d 1·t·10n: Th a t th e sa1"d--1F'-.c;--,'1-'--=-"---":7,::____-_,'----'~'----""--'=---'---=-, be the~sel; :..!ndebted r:,--iJ.,. ~t of to the use of the C~m~onwealth s h a II appear b e fore th e / S:~ day of ca t TrialSnJustice to C our t , 19§/__, ?t~ at "'2-__ .t.,&_~~~~~~~~~~1--,Virginia, and at any time or times. to which the proceedings may be continued or. further heard, and be ore any court thereafter having o holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not part thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until 1t is declared void by order of a competent court; and upon the further condition that the said from the date hereof. l;2 . ff~....Qi days shall keep the peace and be of good behavior for a period of d, ~ __ IS Mk day of 5{ ~--~p tT1 Ii ;:,- .:,' . ~ 'O c....Ill I-'· ::, (/l ... 0 ~ - X 0Ill c+ c+I ~J, CD ::s er. IiCl) p, ~j '<: (/l (l) v) f-'• ;:: (/l !°') en H, f-'• "~ c::: n 0 " "'- < !" ::r " 0 j.J, G) 0 "~ p. ,::: (I) s· ~ ~ p" c+ ;:,f-'• Cll ,-3 Ii f'0 '-D c!- Ill I-' ..... .... c.... ,::: µ., ~ (/l c+ '<: f-'· . 0 .., s· ➔ 0 E. " ➔ ~ e. 9 ~::, =!. "e. ;. .... "' (i 0 ~- 5· -"... ::, IJQ ~ ;> .... .... ""'"' 0 ... ::, "' " '< ""' ;- " "' "' > .... ::, "'- ::s n " ...... (i .., ... :,;- ~ ;:. ""... ~ ii" II> IJQ ,. > ... .., " ~ t:1:1 ~ .,... E 0 Ii CJ 2, c.: ,,, 0 c+ t--' Cl) 0 G ::s ;::A: 0 H, er. (I) c+ ~ ::r-.... G) p. 0 --- ~ II> ... ..., ... ::r I-'· " ~;. tD 0 Cll ,::: - n ::r ... -" II> 'O ~ IJQ .... ::t> --- s:: 0. ,. ..., II> a 'O ::, "E.. '< ::s "'- t:1:1 > ::ti ~ 0 ::ti tT1 ... ..., t--' Vt ➔ :i> > t" r.n ..., 't,, ::i:: "'-f II> '< "'II> '< < :;· < :;· IJQ llQ ~ II> 0 II> s· s. ji"s· F' 'O 'O ,.II> ... ... er ..., " 0 ..., "'- r 0 {l'J ➔ {l'J "..., ... j;;' 0 =! --J Vt I\.) I\) \.,.) Vt 0 0 0 Vt 0 . I-' Vt 0 I\.) Vt . . I\) I-' 0 0 0 0 s::~ "'s:: g.::;.· ... r ~- ;""' "' " (i 0 - ~ -n s· OQ -(,It . ::r \-t-· 0 ::, ::r I\.) ., ";. " ., () I-' I\) (I) s. 0 l.tj s. "'- -~ (') * 5· ::, H, ct) r.n s:: :3 :3 0 0 fJo f-'· (i 0 H, ~ l2!j ➔ > z ..., == z ':i:j 9 0.., == 0 ~ z er ::s ::,' Cl) ::, ;.:r (') ::ti ::ti (/l :3 II> 0 c.... > c... ~ 8-::s ... 1;- :::i c+ 0 c+ !'j "d s. Ii (I) t:, ~ ""' s:: ~ 0..., ".., ,. ;::. "... n (i 0 OQ ::, .... ;:;· ::< "'" s:: 0 ::, �CME FORM No. 11 Revised 5-1-49 COMMONWEALTH DEPART~ENT OFFICE OF THE CHIEF RICHMOND. OF OF VIRGINIA HEALTH MEDICAL EXAMINER VIRGINIA 16, 1951 October Date of Report LABORATORY REPORT #1029 NAME Joseph Francis Material submitted: SUBMITTED BY: Burke Blood Dr. (8cc) Paul Coroner for alcohol DATE RECEIVED: S. Hill RESULTS: Volatile Poiaona: 10/16/51 Acid-Ether Soluble Poiaona: Barbiturates Alcohols Antipyrine Phenol Blood: Chloral 0.10% alcohol Acetanilide Cyanide Salicylates Phosphorus Other Other Alkaline-Ether Soluble Poiaona: A~onia-Ether-Cblorofonn Morphine Atropine Cocaine Theo bromine Codeine Apomorphine Quinine Other Metallic Poiaona: Strychnine Arsenic Other Gaaea: Antimony Carbon Monoxide Bismuth Other Special Procedurea: This Orig: is Soluble Poiaona: a sub-lethal Mercury Other and a sub-intoxicating level of blood alcohol. D. M. Slane Box 87 Harrisonburg, Va. Toxicologist Sidney Kaye �V', ~-~ /LLe_ U'(}t?JJ, rll..~. j-:: r- 7F- G; J~ - //;(/ .··.. : .. .. :·; ; t_r .!i i, -, '. ,, , ·1 . \. J__ . I ..... �COM1'iIONWEALTH v. JOSEPH FRANCIS BURKE _1__ INSTRUCTION The Court from the the evidence accident, at the time car which the that the Bessie ras drinking of the jury that or under or that Burke was driving knowing of alcohol, as to the accused, even Garrard accident, influence defense instructs Garcia, the that influence Francis the facts you may believe who was killed she voluntarily none of these Joseph though said of intoxicants rode in the drinking or driver was/under constitute Burke, in in this any case. ��1rJEALTH COM.MON v. JOSEPH FR.li1T r:I S "RlTRKE INSTRUCTION / The Court they entertain defendant find the instructs the any reasonable is guilty defendant of gross, not guilty. jury doubt that 0 if from all as to whether culpable negligence, the evidence or not the they should ��COMMONWEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION_..... / ___ / __ The more of Court the prescribing support of "The statutes so flagrant, disregard of the if such damage is common law discloses Rules or the defining action injury these proof statutes a civil the the instructs that the so culpable of human li.fe. that reckless Road" act, violation driving, is was bring the involuntary ·or acts, and wanton the statutes proximate cause negligent indicate or to manslaug_hter, to the one sufficient violation o.f negligence as of and negligence But mere to of the negligence sustained. insufficient definition jury _ of act one of within unless charged a reckless the are ��COMMON1t1EALTH v. JOSEPH FRANCIS ~URKE INSTRUCTION IV the that a reasonable reasonably entertained ---------- The a doubt substantial charged. Court inRtructs as may be h::nestly and material and fact jury essential to prove doubt the as is to offense such any ��IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA Covmo:NYJEALTH v. CHARGE TO JURY JOSEPH FR\NCIS BURKE If you find of involuntary then you will in the not by both years, for exceeding such fine If you find and no more. for Joseph his a period of not in your not One Thousand Burke, in the punishment a period or, Francis as charged say so and fix five ment in jail accused, manslaughter, penitentiary more than fine the discretion, exceeding Dollars indictment, at less guilty confiner.1ent than one nor by confine- one year or a ($1,000.00) or and imprisonment. him not guilty, then you will say so �, �COTJff/IONWEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION ___ The case is Court of defendant, guilt; the case. instructs itself and is _jury that a mere accusation not itself, and no juror defendant, the because of should or permit or any the charge evidence himself on account of to the !___ _ indictment in against the of the defendant's be influenced indict~ent this against in this ��CO1'1MONWEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION The defendant Court instructs the jury to innocent until he the indictment able doubt, consistent with the by the and case, upon the Mere sus1:)icion defendant or strong, greater charge must the is the not weight in the of to all of any fact the sufficient to convict, or preponderance to evidence it the warrant beyond find of nor evidence his all to their in the urove duty him not the is every evidence oUil t of is goes at essential guilt of innocence the the and of by the of doubt douct reason- and applies indictment, t~e all in hypothesis of case, the charged beyond reasonable heard the but as presumption entire 0r as of guilty 0robability indictment, be proved every having benefit law presumes by evidence the in the proved a reasonable him t~e guilt have made against give the after case, charge the if, whole the however .iury is This throughout and the exclusion innocence. defendant that Commonwealth, the his thereof, accused if to with the stage be ------- guilty. defendant, it sufficient supports conviction, reasonable to his doubt. ��COMMONWEALTH v. JOSEHP FRANCIS BURKE 3 INSTRUCTION -----The charged term by his in from such order shown to indicates a callous every ness results the act; the to or wanton and of such safety of others under death; the there is result from is as for of human the life a character as circumstances because is to in must is or which probable be predicated such for carelesscriminal necessarily cause of recklessness, no crime. action, that the order to more was gross show disregard likely injured distinguished because but -oerson damage cannot as something and of merely it by the accused liability negligence, there a civil crime negligence negligence of another, i:nputed no recklessness, negligence, of the by the but performed death such killed, gross criminal of negligence; mages if necessary disregard liability crime ford or gist simply negligence carelessly in not a suit culpable of his act meant is the criminal be criminal cs that negligence; consequence is that representatives culpable upon is of negligence be jury defendant foundation personal that; must the the negligence be the than it instructs against criminal might or Court be reckless of injury the or and where ��COMMO:t-TW-E.ALTH v. JOSEPH FR~NCIS BUR:RE INSTRUCTION --- The Court is the killing of the accused; felonious act; instructs the jury of one accidentally, in the prosecution or in the improper that involuntary contrary to the of some unlawful, performance manslaughter intention but not of a lawful act. �L �COMMONWEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION The Court State of Virginia, highway manner such as to endanger The Court evidence Garrard passenger said act further or series reckless, of acts wanton of the safety injury, then as charged you shall in the the doubt from injuries driven charged of the or property jury that upon the or in a of any nature that if the you believe death accused, manner, the Joseph are as to show utter circumstances him guilty a Francis operation and further accused from of Bessie by her while from Burke's against under indictment. control, limb by the or reckless find laws an automobile received resulted or flagrant of others the driving. such accident in an unlawful under proper life, a reasonable in an automobile car the under instructs resulted and that that who drives of reckless beyond Garcia jury or when not is guilty Burke, the an operator recklessly, person, the instructs likely of involuntary that of such of such disregard to cause manslaughter ��COMMOliJW'EALTH v. JOSEPH FRANCIS BURKS .. INSTRUCTION The Court is just as legal the circumstances the minds doubt. instructs of the the and ju.st are jurors jury that as effective circumstantial as any other, of such character of the evidence defendant's and force guilt, provided as to satisfy beyond a reasomble ��COMMONWEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION In considering burden the of proving Court or possible every its of this the the jury essential after evidence, you from reaching doubt. of the evidence natural charge, presented and reasonable cannot go beyond such evidence bear such to left in such commonwealth has If, on the hand, of all the conviction of the truth beyond reasonable belief failed evidence of the doubt. or from be a doubt of the guilt of the a state of the guilt its circumstances. of all of doubt of the as to prevent of the accused, burden. an impartial and reasonable in the you have charge, of a accused and nonessential consideration to meet after any such doubt testimony, should immaterial and honest a convinced other fact, proof concerning are in mind that from conflicting to the the all imaginable a man must be proved can you go beyond should a reasonable your minds consideration with or possible ~ne jury the word is a doubt which say that to the of any particular a mere doubt If, doubt of the proof including of evidence, proof fact overlook doubt, of guilt. from. lack material not conceivable, to be drawn therefrom. questionable not consideration nor reasonable to be confused sufficiency doubt, beyond you should law does case, Commonwealth has met its A reasonable imaginable, upon the Furthermore, then that the inferences and not jury for to create arising accused doubt, trial evidence find of the meaning. must limit inferences the and is not In passing at the its or not on reason, beyond jury guilt the nor is founded guilty the instructs "reasonable" the whether case, you are then an abiding satisfied ��C0:Ml'I ONlVEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION The Court witnesses is determining witnesses in this or bias, testifying; information; witnesses be entitled. to case, if their are the the the credit and that, of the their if the trial; to the in different the same is proved; their demeanor and their circumstances of the to consider of the shown; jury testimony parties, intelligence, such credibility authorized in the result apparent all the for to the any has been and to give as under that be given they any, if jury exclusively of the witnesses interest, feeling the a question the weight relationship their instructs temper, while means of testimony such witnesses of such seem to ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............................................................................................................................. . I Russell \'Jilliam I.:cDonaldson 3 mi. west of Elkton, ················································································································'······································································································ on Rt.33 ·:::::::::::::~:~~v:~:~~::::~~~:~:::::~:~~~ .•. f.~i.".".~i·~~·~·~··~·.·.··.·~·.~·.~~·.~.). .•. ·.·.·.·.~.·.·.·.·.·.~ to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .........5.th ................ day of.. .................... J~~y ................................................. 19 ....5.g to testify and the truth to say in behalf of the Commonwealth ............................................................. J.OSEPH ... FR4..NC.LS. ... .13. against ........................................................... . .................................................................................. . ...·········•······················· ···········································•····'···········~···················•······················································································• who stands charged with and indicted for a felony lfi1W~ And this you shall not omit under penalty. And have then and there this Writ. Witness, J'.U'""""'-<l'<>L'LJl.ln.Y\V,,.,-.Au>~-U{ ... /\,~ day of...........A.P.:r..i.l .................. , 19..5.2 ...., and in th TH ■ 1 ■ a:nc1 Pl.EU, HA&I.UONauac, ..... ' ------.. use, the ...28th ... �COl.JdO}TIJEALTE V. ) Witness Subpoena JOSEPH FRANCIS To Hay 5, 1952, .10:00 lKE B at a.m. r~o~~,~~~~ r' Sht:Riff ROCKH GHAMCOUNTI ' �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................... ........ .B..µ~.~.~.l.l. ...W..:L.l.l..t.~ ...Mo.P..onal.d.~.o.n., ....Rt..~ ...#.2.,....Elkt.o.n.,....V.:Lr.gini.a.......... . ......... Tr.o.o:p.er...D.•.... M.....Sl.ane. ............................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ~:<>• at,.. o'clock, a. m., on the ....3r.d ........... day of..................... M.ar..ch........................................ 19 ..52., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... .................................... aga.ins.t. ............ JO.SEPH. ..F.RA.NC.IS ....BURKE ................................................ . who stands charged with a felony~ And this you shall not omit under penalty of £100. And have then and there this Writ. J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ..26.th .......... day of.....F.ebr.uar.y. .......1952 .., and in the ..l.7.6th ... year of the Commonwealth . Witness, ......... -?J.~ ...t/4 ... ................ , Clerk THE SERVICE PRESS, HARRISONBURG, VA. �COMMONWEALTH ) V. ' J ) Grand Jury Summons :) J JOSEPH FRANCIS BURKE To M~rch· 3rd, 1952, at /0 :./JOA. M. ,J J �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............................................................................................................................. . ··~·, ···········································-i;;···:,;.,--······1··-··✓-···li£io 3 ............ R.oy....G.utbl?.i.e..,....~O ....C.a:tl.i:e.e:tl.u ...:S.t.....*....:r.Lar.ris.onbur..g.,...Jl.a •........................ .i ..... R....... s .....MGC.oy., ..... 21.8...B:ro?..d...St .•..,.....E.ar.:r..is.onbur.g~....v.a.......... ~ ...-:...... '/} ... .V......... Tr..ooper ...D.•...Jl .•.... Slane ...f; ..&. ...... - ..·;··R- k to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ...........!?.th............. day of.. ....................... Ma:y ............................................. 19 ..52, to testify and the truth to say in behalf of the Commonwealth against ........................................................... . ............................................................ J.OSEPJ:I. ...FBA.1GIS ....BDRKE.................................................................. . . who stands charged with and indicted for a felony . ~ And this you shall not omit under penalty. And have then and there this Writ. Witness~~~{~~;l]:J~~K~WJ{K day of .......April TH ■ l ■ &t'IC■ PU!.ss. ..................... , HAllP.ISONllUkC. l'A, at the Court House, the ......2.8..t.b... �CmmON',illALTH V. ) Witness Subpoena JOSEPH FRANCIS BURKE To May 5, 1952, at 10:00 a.m. .• ~XECUTED~( 1/S:~N THE COUNTYCr ROCKINGHA~ BY JlELI~ING A TRUE COPY OF THE WITHIN~~ i~)=o~.~, ~4,.ii:~ ~-s. M(~ G.} .74 6/V:).1o6. \QAf A.L.STP.AV1DERM a ci&!:=-·n•.:-, -,. :· r· "•· 1·~ \.' , "-;,,., ,I ROCKmG1lAMCOUdTY ¥ ~.., �,/Vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth "Rlwoocl Lamb at House beside l .cHones 'tore t Rov Guthrie 310 Collicello St. Barri sonbur,:;, Yao ✓ R . .,;S.1 cCoy, 218 Broad St., Harrisonburg, Vao Russell \v. :i.:cDona dson, mi.. w. of t- kton Rt 3 to appear before the Trial Justice Court of said County, sitting in said County, on_~2~2~t=h~_day of Virginia to summo.~--------- of January S"o CiJ;f-, , a);f-, , S-o ;1. /, '2--0 at.___._H_,_,a,..r..__,r,.__,1""'· s...,o.._.n._..b.,_u,..r....,.a,_,----"-_......,_.L.!a!-=--, ..;:::::=::;==~::::; , 19-5L, at the hour o,fL -----"'2'-A-:-'-l0,.,,0 ___ __:.,;=---•-0(._0_~ 1 of that day to give evidence in behalf of_ _,C,.,o,,_,m,... _t~h'=----------------------------- in the pending v. Joseph case of ~"~...__,.,,_,,_ ________________________________ Francis Burke Given under my hand this,_ .... 24-}itLJ.L,h.,___ ___ day of,__ _...:cJ..:::~=-;a===--'~-~---.,<..l~-,-,~ 10-5 l-2m-Garrison _ �...,, -. (' C: ;::_ c- ct ,- ... Trial Justice Court ( ~ ----~ocket No. 81~2 A l Corn' th· f ( V. ( \Vitness ( Subpoena ·o 0 Joseph Francis Burke c::: 2 -I ~ To Jan. 29, 19,a at 2: 00 P.11 \ �COMMONWEALTH 1~~ VS. DESCRIPTION Last known address _____ _ Color __w _______ _ -i4£t. U-ee4. OF PRISONER _L ______ I HeighL_W---- IO , ' Eyes __ ____ _ Weight__/_ 'J_ ~- ___ Marks _____________ . _______ -- ... _-- - ---- ---- ---- ---- ---- ---- - --- ---- ---- ---- ---- --- ..---- ---- --- ---- - -- -- ---Age____________________ Date of T riaL ___..5-- /. Occupation _______ .,,__ __ ___________ ~ ____________________________________________ .S--- _SJ.___ ________________________________________________________________________ _ Result _____________________________________________________________________________________________________ _ ��Docket No. __ / ___ A_ Memo for Clerk of T. Harrisonburg, Va., Justice JO SEfH: ~ ·S , M~c~ '( 8 V~ ~ ~ 1-2.,. 19.!"~ 3Jo 2/tl w.McD4# l,:t>S6N- of Virginia to appear in Trial 2/tYfl Of' Where Witness can be Seen ~~ _ coLL1eeLLO.Ji, ~~~-----/dAfU!... '.6~d~o Sr, )-.\~~~-~------- Rt-,J, £v(-r-FJN______ "sE" Iles,t>r McH• rs Sro~E d ~! AT M ~Je. WO~'t<SA, _ Dvf'lAN 0~ By-tr_· in the case of ( MA,-/ .SLAVGJ.J-rd'~} or Witness works for M c.1.\-01Jrs Srr-o~E ______ £u~1o<J1> l/\Me Gu·n+El'11: .J1/t>r-N • Address of Witness Name of Witness RvSSfll 'F'tffA WCIS Cour.t on the Trial Date, Ror 1950 J. Court: Kindly summons the following as witnesses for the Commonwealth Com'th V. b' /1- ~/ (/ M!"R.,lt >-1 GR .,,. 3 N1I. W, _»,_,n_..,__•~-~--Va. State Police Officer. ~. bP E J.J<'f'O p.,,IP,.J.J_ �• �TRIAL JUSTICE COURT Criminal Docket N~ 8152 Com'th V. Joseph Francis Burke Defendant Af D 7?tA,tl fppearance 1 date // - ,~-- ~,.,,...J. Trial Date ~- 1-:u- '\\-( A �TJ 3 il 1 to DllS (i ' ~',._,pp,C,t #Illf- 'fA• 0 A, .-_ e_,Jl...,s.._ ti., .sC..s ~ I 0 & .S.# II ~ ~/(_ ~I-·, rl 1- iitl • 13- ~ ~,f"/U I ~.: ./ I ·• � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Joseph Francis Burke Subject The topic of the resource Felony Manslaughter Description An account of the resource Defendant charged with felony manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1952 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_007 Burke https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_004_commonwealth-v-kemper-n-maston.pdf 6ca6bdd1683ea239c17a8d5cb5865fdd PDF Text Text - - - ~ -~..-L-.J -'l?t~ co 6#u ~ ~~~ ?f~O/J~ ~/-2.c,_-~-y~ -~~~~~~~ ~~~. _ /(I~ ~a,-.elc7 .A./4,'CV-, t!(. ~~} e._.<_ -~~~' )~~if ~ ~~:;t.u~~-~~ - ~ ~ J~o-.,~6-.. t>I-J)~ -'l7 ~ ~ ~--4~ ,)~ - - J'~/LI,~ J/~ -~....- ... 6--~~J.. ~~~- -~~~~0-z - J /.~~ J ~~ ~, ..«/~ ti' ~ AA/~ -~ /J -~~t:,f. fl - (!~ J;~ ~ ~ a.c-' ~r/- ~ ,J~JP~~· a,,_,./~~~,,,_. d.. 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C1A.-( CA-,, CJ.A' --:u~ r>t/JA/l<A ✓~ o...i ~ ~ ~ ~·~ ~ rl~o;. µ,~~ ~,IP~~~ r/~~~ ~Ut~~~' J~~~~~~ '~~~~,,be/~~ J~~~~ .AA./~ ...-u..,-tc:17__/ II~~. ~~/-2-o-.!,-p- ~~-t? u_, 7:H~ ~~ JAA/~ µ--A>.._~--e.; M· ~,~ J/~'JJ,~ �,...,.. ~ - �~~~ ~ ~ ~ ~~ d /,·oo ~ ./4,U,,.,., a-/ ~;,_P~ ~~ /1-b? /--2-1-s.v ,) _,__, of/JA-~~ IJI~ ~ a-.J /4J ~ ~ ~¼ CJ,,.P --4_ ~ )k..:/~ ~I~~;.~~~ °" ~~ ~~ -tA/~ ~~~~~~ ~~ az-/ 7Jl_,p ~ ~ ~ '?:Ut' ~ I J'-<,AJ.-J 4 J'~ J' ~ ~' ?2~ ...A---~ J--c.,,cJ o-:2.. l::tJ ~ ~ ~ &1 .... e ~ /?~' ~f>/4 4~, t:< /?14 t:,~ ~ ~ -~ ~ ~~~ t:J¼d ~ -?}~ -t.,'/,{~ ~~ ~ 1-~l/~f~ --n« ~~, d ~ ~ #~ k ~ ~ ~~ ~ A,V/4 -dA'~CJJ~~-llt,..( ~CJ--...~~..e~d-~ ~~t~-7-d~~~ 'Jn~-;j.,~ J{~ ,1"1~ �......... ~ �.... - - - -- ,....,__ - ~ J~ lif~ ~ ~ I - "2-o -s-r -4:'J t:;:P....< (!_~,~~ ~ o,-.,.,,R j-.,.___ ~,,,.__..--,, ~ --- t;;#...P I. ~~~~ti,...,_,/'~ J~~~ I- ~_b£o/P'1--<.v~ J'~~J~~Z-?-rn~CJ-,-:o- t2' ~ Jn. -;I, ~ ~' ~~ ??--?-7 Zl/~~~~~~~ to 4, ~~ ~ ~ J,(J~ ~ ~??~/-2-o-s-r~~ ~~,J~~-<.u~./ ~~j~ ~~__,_~,,,_J>~~ 'cf ~Air- tie, ~~ - .>a--~ ,Z()A,,v~J~~~~~ 77~ cf 4- .u ~ ~.,-/. /~-/J ~ ~~ tY <h-J'(~1f.<rrt,~ ~/le �~/4 ~ ·, • -v-,/f ~It. 4. F fJ&L.I~ #, 4( �COUNTY COURT Criminal Docket 25578 N9 Com'th v. a yl I Appearance Date / Trial Date .2. <f - .J-J!, A �✓ �DESCRIPTION OF PRISONER Color_---,1-cf:.....::....._ t Heigh , _,.._., L Weight te-___:..._.._.L...,_ JWD Mark.o- __ (v_-'----'--------- ? Occupation Ag._e---=---V-----=-I;_.,,_ Date of Trial~ _l--1_,___· ,Z... Y__:_r __ ~~ I t'/ _:_T__________________________ Result'--__ /'/,=.,,..._-4,-;.::-..~C2'.7_L_____.:.__ ________ I Cl.nAAA/ _ .__________________ _ ���~ I I I I I I I I I I I I I I I I• . I .I ' j I I Ii J I f I r I t, I I I • I I : I l I I I I I I I I I I I I I I , L • I I ~ [ . I I I I I I r I I I I I I I I I fr J" I I j I �IN THE CI CUIT COURT OF ROCKING' I.:i:COU:'TTi, VI?.GIIH : C01.il.iOff;JE LTI= OF VIRGI:TIA v: or a Felony ?illI.:P&-q N. • S TON To Charles I, make the Elizabeth statement, Atty. for do hereby the Commonvrealth: freely concerning the to the death 1958, in relation 20, and voluntm,ily events as they happened of 11.ydaughter, L:as ton: I I.:as ton, t about returned c~_ild, 7:30 or 7:45 s he entered Diane, nas the in another house,. of her he1, body rigid, and she was having not time knor1 at the 1;1other had su,&ested a previous my husband, :-r. Kemper I told fits. him the: t our youngest Her face difficult:r vras very breathing. that she suffered from sa □e rrhen ne told her ''.le did epilepsy, about red, although the my syi-1ptons on occasion. Supper III upset . . p. m., from ·,1ork Il ~ Jr., O. Las ton, follm·ring on January Diane . Earman, that ·.,as on the he vms uhable table nhen Ken1)er came in, He pic.ed to eat. Diane but he up and ¥ / ::"::e: :::;.d:::~th:e::o::ch, 1:: :i:: 1:e:::::::::a:nr:::i::::o::a I.;, 8 0 her and spe.nl:ed her on her face this had revived her from her IV Then ·=errmer uent his supyer that the V which I did. her baby, again but _Te then It said fit, but it it On a previous didn 1 t work t~is He did ..=-·o!'a cup of coffee. '.;'Jhen he finished, night. revive and rectum. by slap_Jing was the he came back her. only asl.:ed r1e to get his thing .ir He told night. not and he hated to do. L:anual for to ke~p the baby Harm and quiet. eat to Diane me that he knev Force occasion, hin, r~emper �I �r.rrapped iane no longer in blari..kets red, but and put she rras still her on the bed. a little stiff. 9:30. He took Her face The fit t7as seemed to be over. VI in order ·.1e went to keep VI of Sharon, 11: .•y her our older she was dead. the in town, statement 11it v.rrap_ ed the ZI s fit, hurt you 11• ~Jtu:ns<l and I did. in his to stop to try I Le ul 1.r- b:· his s, r eet the :e told us. ni.;;ht he was obtained !hen he finished, given e me to go on The wil'.)le statenent I was not Sheriff been made by me. them. ~y him .. the of ..:ice. me is tc have to get Lindsay's. Lindsay to o· r ' one an ,l/5Xe']) all I was afraid and not her Cor:..i,t. along at by 2nything safety, fter -.~hat uas '\'Then ·:re ·,7ere at 'las supposed I thought Diane. for decided 1re and I would ans··rnr won't it, later, baby to cry. -.:r. ~=oover questioned uhich cries he a chance to :..~ead to my recollection. statenent, to help ~inutes vie decided questions ne to sign buts the the :t:er:iper was doine time, very but ~:em~Jer did. _e see7ed funeral, I was still that very ny fear o: all was caused cot:rse I '.Tas sicK. ··,e T;rere ta:-rnn di1,ectl., D.uch upset, he could and uas not to t:1e svi,e about ' appening. XIII ily bed, Then I started us to retv.r The night by ans~ering fa on the The ne::x:t day, and anSi'ler, I ti:ink ..re found to a ne.:.ghbor 's and called as~:ed me questio.r:.s, County baby?". by the thing Kemper said was still he:r/in bed vii th us and vent the scared The first a 'Jakened so ::emper ne were I child. to cry. d tol Jiane we uere 15 _,. the m., bout called told 1 :00 a. ::..ane ~-,ith us still. VIII IX got She vms ve17 Kemper fell arms and started ince narm. t about God, ho·7 is help, to bed about I~emuer has he has done all to ·et1er. al rajs he could been a .;o~d father to provide and husband. f o::.~us and keep our by �• �Given ol-/~ day my hand this under of 1958. pril, ~·ltd ~a 0 712412t;.,,_, . eth G. :.Iaston to-wit: ndrus, County that aforesa:.C., Elizabeth personally after t11at the took place e:;:p:..res 3tate . Laston, a)pe,n.,ed oath, before having above , ebl"U r the is to the Given 1958. in the best public of Virginia, ·7hose name is 1·ead to her and correct of her belief :'...na1;.d for do hereby signed :1e in my County above a true a not~ry and after and recol certify to t11G a)ove, afo1"esaid, account and made reading of the 1ny ana and official seal ection. this s21.1e, events 2(,, 1 60. under the .J,/ ~-rhich :.Iy coiillJission 4dday of A,~il, ~ �.... I �~' Kemper~-· Maston 1n open cour, before the Judge County, Virginia, do voluntarily of murder Given under my hand this , the accused in the attached warrant, of the Circuit Court of Rockingham waive indictment on the said charge mlOthday of ✓ J (~ Witness: :b ?n~ ��Comp. Form 18 l STATE OF VIRGINIA c~ OF __ Ha_r_ria_an_b_ur_g _______ No. _____ To-Wit: _ f City TO ANY SHERIFF OR POLICE OFFICER: Charles E. Eaman, Jr., Whereas, CommonwealthsAttorney John G• Leake has this day made complaint and information on oath before me, ------------------- Justice ot The Peace (Name) City of the said 6amxy, tha~-------------- __________________ Rockingham (Title) KemperN. Mastoa did on th kill 2ntb. day of Januaiy ______ , 19~: Unlawfully and feloniously and murder one Diane Masto•, his daughter, a minor female child, age of 8 months, against the peace and dignity in al:acGxxl County to-wit: the of the Commonwealthof Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockmgham. County Court of tlllCD:idCounty, the body (~) of the above accused, to answer the said complaint and to be further dealt with according to I-aw. And you are also directed to summon: color ____ Address color ____ Address color Address -----------·----□ color ____ Address ---------------□ color ____ Address ---------------□ --0 as witnesses. (Seal) �STATE I. . OF VIRGINIA-COUNTY 01' -------------------, ____________________ a to-wit. Judge of rhe County Court Justice of the Peace in and for the County afo~~aid, State of Virginia, do certify that as his suret _____ and---------------------------, to the Commonwealth ($ ________ ), , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County day of _____________ ~ 19___ , That the said _____________________ County, on the ______ of _ at ------M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a peri~d of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of __________ ~-----, t' >-3 ...: ~ ... "' "' _ ----------------."Judge. t (") 0 19__ J.P. 'Tl < s· !" r, ;. ~ iii" ~" t.1 3 (I) s· } (I) ~ 11 2: • s, ;. r, ~ s· ::, ., CA i ~;. 5· ~ .., "' -" IIQ .... ::,-, ::, a. Ul ('"') r:: 0 >-3 0 g s· r, >-3 sa ~ 3 3 0 3 3 0 ::, ::, s· ~ r, n0 ~ "' e. ;. IIQ > ... s ;r, ., ::, ~ "' ~ ;r, --~ "' "' r, ~r, ::, a. n"' r, ::, 'Tl r, > .., ~ ::.., ::.- r,.., ;,;~ "' IIQ r, ('"') ti:, ~ ..., .., E .,"' ., "' a. ~ ., r, "' a 'O r, ::, ::, a. ~ ~ n > 0 'Tl 0 z ► ~ ~ l:rj Ul ~ tJ:.I 0.. "' '< < :;· < :;· OQ OQ s· .... F" 0 ~ ..., ) ::i: ' L e,,- ' C> t \ . 1 t-.:, i ~ "' .., "' 5· 'O 'O r, .f ~ er r, .., ., 0 r, .v, ;. r, "' (,, It s >-3 :::rr, " .... £. 0 y:: go g 0 ::, -'° l g :;t ;;· ;. ,.. i >-3 s, C'I> ➔ C'I> (-.. > t"' s, 0 0 a:: z i( p "' n - >-3 0 z >-3 "' " '< ~ tJ:.I a. ~ .,"' n > '< q ti:, 0 0 -'° r:: 0. ~ t, :;:,;; ~ ;. r, r, 'ij days ~OQ ~- ;""' "' " "' n 0 ~ r:: .., ... r,., ".., 0 n0 r:: ... :.< ::, ... "n 0 IIQ ::, ;.· n, 0.. �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ................................................................ DR ....T,ALBOT.............. ..............................................................ELI.ZABET.H..M.ASTON........................................................................................................ .. .. ~ ........... .. ... SHERIFF .HOOVER ............... ... HUBER.T.. GENTRY...................... to appear before the Judge of the Circuit o'clock, a. m., on the 22nd. day of Commonwealth Court of Rockingham April ~0-r~-th@-~a-l.1-El-}ll-Ty, ~gainsL who stands charged with"'fl1'!.d- ➔ !'Ktteted-fur CHARLES Hari,isonburg, Virginia, of the Commonwealth. E. EARMAN, County, at the Court House thereof. at 9 :30 .. , 19 ....5~to testify and the truth to say in behalf of the ....... KEMPER..M-ASTON. a felony-nri-s~l€.al't0£. And this you shall not omit under penalty. Witness, ...... ................................................. And have then and there this Writ. JR., Commonwealth's at the Court House, the ...3rd .....of Attorney for Rockingham County and the City of , and • 1 the I'? ~· Attorne;' 182n .. �.ISXECUTED:f~ IN THE COUNTY01' THE COUNT)'.·tJL ROCKINGHAM BY DELIVE NGA TRUE .QIBCUTEDY..c./~>-fiN ROCKINGHAM BY DELIVE. COPY OF THE WITHI~~2:221t:liZao---- COPJ;, OF THE WIT IN ToZ__~ TO...../,.~~~-'S~T~-IN P~.ru.N IN PER~ ef/&_~~ • • SHERIFF ••d l ROCKINGHAM COUNTY ROCKINGHAM COUNTY ½ i:<.;1ffiCUTED __ ,r. JI;-;HE COUNTYOt ROCKINGHAM BY DELIVE_ COPY F THE W H:;1,,1-";;:C.C:::~~~~ TO____.,,,,_-'-_________ _ ?7JN~ ~~-~ SHERIFF -- .. _A.~l.!lU!~~~-~ ROCK A ROCKINGHAM - - CQU~!'!_ - ..__ ~ COUNTY APR4 195 "::il SH£Rlff'S Off\ ~ • ROCKINGHA \~) (,.{, c) oour-.rr<. 0CT fLI -·, �COMMONWEALTH v. KEMPERMASTON CHARGE TO JURY If you find charged the accused, in the warrant, Kemper Maston, and that malice aforethought, and that tated, you will him guilty find fix his punishment for life, or for it the than twenty without in the malice manslaughter for find fix than a fine jail in the warrant, then and fix not less him not guilty of murder second but that and fix not less his than actual you will punishment one year but that you will his than find punishment five punishment nor more not exceeding not exceeding If you find five One Thousand one year, years, Dollars, or by both him not guilty, five you will years. the first degree, nor manslaughter, penitentiary but say so and for in your not less discretion, or by confinement such fine or in the peniten- you will or, heat, of voluntary at confinement in the nor Diane Maston him guilty manslaughter, degree, upon sudden nor of voluntary at confinement nor more than or implied, find first he killed of murder in degree, of involuntary in the nor more than him not guilty in the second one year degree, provocation, him guilty his for penitentiary aforethought, degree, and years. and premeditated, second aforethought, If you find of murder in the degree in the as charged with malice with and premedi- in the first twenty as years. on reasonable tiary than in the penitentiary If you find of murder deliberate of murder, deliberate of murder at confinement was willful, of murder same was committed was not willful, him guilty was committed or by confinement him guilty of murder, the murder any term not less If you find and that at death, it guilty by in and imprisonment. say so and no more. ��COMMONWEALTH v. KEMPERMASTON I INSTRUCTION The Court instructs is any willful, being deliberate by another }urder being the that murder and premeditated in the killing first degree of one human with malice. in the by another jury second degree with malice is the but without killing of one human deliberation or premedi- tation. Involuntary unintentionally manslaughter while V"fq,n+on the improper culpably for voluntary an act that performance act the is unlawful, of a lawful foDows as a consequence negligent human life, performing of a human being or in ly orAnegligent when a homicide is the killing as is incompatible person manslaughter. causing act; and that of such a reckless with such death the proper is guilty or regard of in- ��COMMONWEALTH v. KEMPER MASTON INSTRUCTION The Court "malicious", the definition and hatred denotes stances express as carry of social a wrong act act done without that of time malice and it the killing word "malice" in a technical It includes from any wicked attended in them the plain indication and deliberately or implied reasonable further shall may first bent without sense. not just motive. with instructs the have existed come into or at any previous time. Malice mot±ve, such circum- of a heart regard- on harm. Malice cause or excuse. from any deliberate provocation It only anger and corrupt mind and purpose, or and used in and unjustifiable done intentionally The Court sary flowing the law of homicide is used unlawful duty It may be inferred that or implied. but every an evil jury to the of murder, an action done with the as applied may be either less instructs means and cruel or excuse. jury for that it is not neces- any particular existence length at the time of �/ .. �COMMONWEALTH V. KEMPER MASTON INSTRUCT ION The Court Virginia is presumed, murder fense instructs in the second to murder Commonwealth; degree, and in order accused circumstances, evidence in the of the jury that absence every degree, to reduee or excuse to introduce or Justification, Commonwealth. homicide of other and in order in the first or to show justification is upon the the evidence, to elevate the burden the for unless the to be of- is upon the offense the killing, evidence in to manslaughter the burden to show extenuating it appears from the �) �LJSTJ.DCTI1. !~ NO. The Court instructs upon tje accused disprove the case for the jtu•y in a criminal that there is never case to Drove his defense the Cornnonvrealth. a burden or to Under the la-;1 of this le-nd, the Cor:rrnonwealth must prove ee ch and every material allegation contained in the charge beyond all and if the evidence on behalf raises doubt as to any naterial charge, a reasonable t1en you must find The Court further the evidence then you nust and find the accused instn;;_cts to be susceptible one of which is consistent adopt the accused of the accused or the Comi71onwealth allegation the jury to trro reasonable the interpretation doubt, in the not guilty. vdth the innocence not 3uilty. reasonable that if you believe interpretatj_ons, of the accused, most favorable to him �• �INSTRUCTION NO. The Court person charged established and this presumption case, having the lau presumes to be innocent whole case, made against of innocence and applies heard have a reasonable prisoner with a cri~e the juxy that until by the Commonwealth beyond all the entire after instructs J all at every the benefit of the doubt, thereof; in this case, of the accused essential him in the indictment, reasonable stage of the evidence any fact guilt it is doubt, goes v1ith the accused doubt of the guilt or as to his every through and if, the jury upon the to prove the charge is their and find duty to give the him not guilty. ��COMMONWEALTH V. KEMPER MASTON INSTRUCTION In considering of proving the whether guilt of the that accused instructs the nor its meaning. reason, and is not to be confused for jury or not the imaginable, upon the jury must limit its trial of this create doubt, sufficiency to the The jury Court word "reasonable" or possible proof guilty of the evidence natural cannot the on doubt, beyond doubt. of the the doubt, burden which is founded imaginable or possible including to be drawn therefrom. the is a doubt with consideration case, overlook a man must be proved conceivable In passing not doubt the law does not say that every beyond reasonable you should A reasonable Commonwealth has met its charge, presented and reasonable go beyond nor can you go beyond such evidence the at the inferences such evidence to find to inferences of guilt. Furthermore, from lack proof the of evidence, doubt to the proof concerning If, evidence, after fact, your minds are guilt left If, on the the conviction of the truth reasonable doubt. hand, to meet its after evidence of a material an impartial in the of the charge, case, fact and not a mere circumstances. consideration of the arising or from questionable of the accused belief Commonwealth has failed of all be a doubt in such a state the any doubt testimony, and honest a convinced sideration in mind that and nonessential a reasonable other bear should of the immaterial you from reaching all should from conflicting of any particular essential then jury of all of doubt guilt of the as to prevent of the accused, burden. and reasonable con- you have an abiding you are then satisfied beyond ��COMMONWEALTH v. KEMPERMASTON L INSTRUCTION The Court deliberate the intention time prior / at the the and premeditated to kill to the such intention time instructs should time that killing, should actual jury it ea.st for killing; it have come into of such killing, to constitute a willful, is not necessary any particular is length only necessary existence for or at any time that the that first previously. of �/ f �COMMONWEALTH V. KEMPER MASTON INSTRUCTION The Court deliberation any other instructs or premeditation fact, by a combination and conditions therefrom deliberation the by either of both; are proven jury that by the in a case accused may be proved direct or circumstantial and if facts, which warrant beyond a reasonable doubt or premeditation, then like evidence or surrounding circumstances and justify an inference of the the of homicide, existence of such same may be so inferred. ��COMMONWEALTH v. KEMPER MASTON INSTRUCTION The Court that which quence instructs he does, of his act. the jury or which is that the _f_ a man is taken immediate to intend or probable conse- ��/6 Tho Court instructs not a c1~ime, unless and culpably life, the accused ne 0 ligent in which event the jury that in causing as to indicate accid e:-1tal killing such death a callous the crime is involuntary is is so grossly disregard nanslau~hter. for human ��_!/___ E;STFtUCTIOIJ !iO. The Cotu·t for them to surmise father said instructs night Diane evidence actual defendant beyond but or preb2_bly th::.-t they a reasonable of the quilty under juTy ti1e spanl{ing or possibly Laston, result that the said this that it given did is Diane result that span....'king before charge. the sufficient L:aston in the must believe doubt, not from all death they by her dee.th the 1aas the can find the of ��COMMONWEALTH v. KEMPER M.ASTON INSTRUCT ION The Court witnesses is a question have the nesses right on the bleness candor if any appear, appearing the the jury; appearance testimony, apparent intelligence determine accordingly. of the trial, circumstances which witnesses relative of to the parties, result surrounding jury apparent or lack of the witnesses other and the the reasona- their in the of of the wit- of testifying, of the witness credit the credibility for manner and what is the and to give that from the of their and from all on the trial, of credit their relationship interest jury exclusively their the any, testimony stand, and fairness, if the to determine and consistency intelligence, worthy instructs --- weight are more of any such �I �;J I JSTRLCTIOIJ NO. The Court instructs the jury the.t upon the tr:Ls.l of a crirnina:i.. case by a g.ury the laYJ contemplates of tuelve minds in can be had. reasonable his oath, doul:t of the consent shoL:ld realize reasonable after guilt to a verdict resting of guilty. he can, Each juror under should feel upon hj_m as a member of the jury, of guilty. of tr1e accused Therefore, his fellow doubt of defendant's inst~uctionsof before beyond a and thc.t ~1is own :::nind rJust be convi ...-1cedbeJond a ";1i th reasonable a conviction must be satisfied of the accused hav~ng duly considered consultation the Court, convict:::..ons simply different of g1..,.ilt before juror doubt of the guilt to a verdict 01m conclusion Each individual the responsibility juxy, trie the concurrence convictions. it because before he can consent if any individual the evidence jurors, euilt should member of the in this entertain as is set forth case, such in other is his duty not to surrender the balance of t 1.e jury his entertain and after ��IFSTnUCTIO:J NO. The Court instructs doubt as to the degree if any, then :rou should the jury tL.at if you have a reasonable of crime of which the accused find him guilty of the lesser and if you have a reasonable doubt as to whether at all, him ~ot guilty. then you should find he is guilty, offense, is guilty ��Ii\STRCCTIO~T IJO. The Court instru.cts admissions great caution, province alleged exact and confessions of the accused and the Court to consider confessions nature, the jm~y that all tells impoi-·t and meaning. are admitted the jury the circumstances were obtained, in a criI'.linal that it case with is thei:: under which the and to determine their �... �The Court instructs the statements accused, the jury and confessions tl ey should take that alleged into in considering the to have been ~4de by the consideration the circumstances under which they were made, the condition of t1e party at the tLne, of the party alleged the age, intelligence and education to have made them, the probability confessions, connection and that with all The Court or improbability is is your duty to c0nsider the evidence instructs in this the jury that a crine at all, in fact any fo_ce for same in the confession one must be aware that such crime, he is guilt and in law befo::::e his confession as evidence. the case. made by one '.,ho is w1aware of uha.t constitutes confession of such thereto of a cri~e is no of is of �L �IfoTnUCTI :J EO. The Court is the kill~n~ o: the parties, felonious act; ins.,,~Y t~. c.t involuntary of one-con~rary :..n the prosecution to the of soy:e Lmlauful, or in t 1.e imp1.,oper performance rw.nslau intention but of a lav;ful not act. 0 hter �l �COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: BE IT REMEMBERED, that Elizabeth O. Maston, Market Street, Blatt, Bail principal, Har~isonbfrg, ciency 5m oath, 1 as surety,. Commissiaer the 3ate of Virginia, pectively on this , and Helen Marie Pence, Virginia, who justified personally appeared 365 W. her suffi- before me, Harry in and for the County of Rockingham, i~ 1 my said acknowledged 13th day of March, 1958, County, the~dves and severally to be indebted in ·1 and res- to the Commonwealth ' of Virginia in the sum of Two Hundred Fifty be made and levied and chattels, rendered, shall yet upon this before day of April, the Circuit at the trial Maston, of the pending or further heard, any proceedings not depart thence shall without be void, Virginia, any Court thereafter in connection with said case, leave of said Court, otherwise Vir- to case of Commonwealth v. Kemper and before then this to remain in full force virtue. GIVEN under my hand this Oo Maston of the Commonwealth of Vir- to which the proceedings 13th day of March, 1958. • to be on the 22nd A. M., then and there to, s_ay on behalf or holding nizance in Harrisonburg, to goods Court of Rockingham County, and at any time or times continued and tenements, That the said Elizabeth 1958, at 9:30 o'clock, and the truth ginia lands ($250.00) the Commonwealth of Virginia condition: at the Courthouse, testify respective I to the use.of appear ginia, of their Dollars may be having and shall recogand �., VIRGINIA: IN THE CIRCUIT B.C. 22, 1958, 9:30 A.M. witness, $250.00. COURT8F ROCKINGHAM COUNTY COMMONWEALTH v. KEMPERMASTON April Bail bond of material Elizabeth O. Maston, To: J,~1 H. B., 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Kemper N Maston Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_004 Maston https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_019_commonwealth-v-kenneth-rhodes.pdf 5cbf16cd8f10b0f951894f54670ede8b PDF Text Text �a u:, ,,,. ����I.___,___ ������R S 3 �--- �J:) :n f.N "' I ! "l �:1, I• ~ ' f ., I',, I I .,.' V I IA CU n T Circuit Th nd fort Co rt nn th ho Co nty • ' th '. oc for id, HARRISONBURG, LAW VA. ( l r or more li ril, in t t e oc h ir ly nd f , t e rs ns, by live o hich of th· r, 1961 niou in tl ly id aid , C th n n b id th n ho tin r on o "d nd di nity th di ty of Cl r a4d motor vehicle , th ct v hie L, 1 n , n w tt 31 t d yo licio v·r 1th o n pon r 'I C r h c~oor!we n i tho . Cu to C n Co Co nty, nlaw·ully, pl ce t ini th out th d th r Jury AT saL hot un, b o D County, County of oto 1 Caro R. SIPE th , on t A'fTORNEY Juror t o 12 l Vir JAMES f Rockin h t • I I t Gran o yo c·rc~it hot Co rt , wit V vi nee o es s orn in o vi ence. p t h riff n court an G. M. s t t . • 1cox an th Gr �3918 WA.J .S'I e3MAL TA Y3i-lS'!OTTA .AV • .:rnUSMOSlll>!AH �~~~-;;-~A'~&-"]) /'~ - J,,t/f'/11 ~ ~$ ~~{t=;~) �I I �Comp. Form 18 1 STATE OF VIRGINIA CiJ,?iltf OF Cit;r Ham. sonhnrg No. _____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: has this day made complaint and information on oath before me, --w...'"---1.,..__.~,u,----------(Name) Ju· tice of The Peace __________________ City;tha.._ _____________ of the said Counfy, ____________ K_e_n_n_e_t_·_1--=-R'-h--'.o'-d'-'-.e-"--=-s _______________ day of~--~O=c=to=b=e~r ________ did on the_J_l_st ___ in peril peace did then shooting sa·a _ lCXJClt (Title) s1Di there in violation Md dignity of o:.: section t 4 p~e -:;ho life 18 .l- Co:mnon1 realth of £lfJ-,-an',,.,TT,"'' DXX feloniously and _,n am , 19--63;-: Unlawfully or liws of wid t pePsr:>n or p .. cons Cooe of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rocld.neham ia County, the body ~~s) County Court of t further dealt ~th.according ~~ /v~ to law. And you are also directed to summon~-~ // ;,,,_ ~-c~ C:~ color ___ Address ~~ ~ color ___ Address /1/: ~ ff~ ~ tZ"~ C~ color ___ Address -M°-C:~~--~----- color ____ Address~ J//,,y". t;~ ~ ~fh· of the above accused, to answer the said complaint and to be / &/~ 4. C,,~ ~ ~~ color ____ ~.2 ~ □ --□ Address -------------- □ .fl ✓i' ,,,, ,If' u~der my hand and seal, this t,Cb, ~~: (I) k/~ --0 II /4witnesse~ ~Given □ 31st Ci)~ ~t Issuing .m:TICE o Officer) T :IE PEACE (Seal) �STATE OF VIRGINIA-COUNTY OF _________________ I. a _ Judge of rhe County Court Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certiiy that and as his suret _____ to the Commonwealth ($,________ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court Couo.ty , day oi _____________ ~ 19__ That the said _____________________ of ______________________ _ County, on the _________ at ------M., at ----------------,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of _________________ 19___ days _ Judge. ;. r:; X r, (I) (") 0 ~ >-'l '1"J "' ~ i:,. (I) i:,.,.. < C: ;. ~ :, "' ~ (I) "' c:: (") 'C (") 0 ~- ;. ::r ;:;;· (I) >4 "' 3 s· >- :,:I I ~~~-~~ ~~ /£. _/)(,,~ g, ;. (I) l '1"J s· >-'l ... 0 ~ (I) >-'l ~ ~ (") 0 ... "' "' a 30 ::, ~ "' ~ ;. :!' g ... :, "' '< [fl C 3 30 :, s· Oq ~ s"' "' § g(I) "' "' ~ :, "' i:,. "' r, :, (I) ._ t '1"J (I) (I) ("') ;;- ... ;,;- ii::: ;;- "' Oq (I) ... ... ;i:,. (I) ~ ttl ~ ~ ~ ... "' ... "' ;?. Oq -'° ..... I r, ::r ... "' -"' ~ :,:I > t"' z l%J ~ :x: i:,. "' g, C: i:,. i:i. '< "' g, "' ~ i:,. >:,:I '< ... "' "' 0 ::, 'O ::, :, '1"J >-'l ::n ..., ... a= z a= p [fl §: ::, 0 0 >-'l 0 r:; i:,. (") :ii:: to '< ... "' ..,, < ;:;· < ;:;· s· OQ s· OQ F' F' ~ ~ g "' 'C 'C "' ... "' r::r .... "' 0 -. g, 0 a. l%J >-i () z>- ::, ~~~~~~/ () ::ti ... "' ,;- ~ t:, 0 ~ ;. "' (I) ~ J. P. "' ;. "' (I) (I) "' >-'l ::r - (I) £. 0 (") ~ s· ~o C -, 0 Cl.I ~ 0 p :, Cl.I ~ g ;:;: Oq ~s(I) "' "' "' (I) (") 0 C ~ ... ,.., ..... 0 ,.., .... .., (I) (I) :0 l (") 0 r, 0 Oq C: 2. ~ a. "' ::s "' �?..HODES , .1.illNNETH ££)tva shooting into motor vehicle �I J 9 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Kenneth Rhodes Subject The topic of the resource Felony Shooting Description An account of the resource defendant charged with shooting at a vehicle. Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_019 Rhodes https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_009_commonwealth-v-kirby-strawderman.pdf 4e191a0f23e304e74b01571b7512691c PDF Text Text CHIEF JUSTICE' JOHN W. EGGLESTON JUSTICES, C.VERNON ARCHIBALD WILLIS 0. SPRATLEY COURT OF APPEALS HUBERT OF C. WHITTLE HAROLD F. SNEAD Richmond 10 May 28, 1959 Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Mr. Switzer: The case of Kirby Strawderman v. Commonwealth of Virginia, Record No. 4928, having been disposed of in this court, I am returning herewith the record. The style of this case in your court is Commonwealth of Virginia v. Kirby Strawderman. letter Please enclosed. acknowledge receipt on copy of Yours very truly, Clerk HGT-h .Encls. D. BENNETT EXECUTIVE VIRGINIA W. l'ANSON G. TURNER CLERK C. BUCHANAN MILLER KENNON LAWRENCE HOWARD SUPREME SECRETARY �l. •J l..!.-.,1 �J P. Bell Co.-No. B·500 <tommonwealtb of :Pirginia In the ...... C.IRCU1-T................... Court of the ........... C.QUNTY .......Qf ........ RO~.KINGR.ru'-1 .......... . ..C.OW1QN.WEALTE ..O.f..:V:IR..CU:NIA ................ vs.{ KIRBY STRAWDERMAN TABLEOF CONTENTS Name of Paper Warrant of Arrest Indictment December (with return of grand jury on reverse side) Order of Court showing return of Grand Jury Order of Court showing arraignment of accused plea of not guilty Stipulation Charge Page Date Filed 26, 1957 1 January 6, 1958 2 January 6, 1958 3 January 6, 1958 4 and of Facts 24, 1958 February to Jury 5 February 24, 1958 7 Instruction No. 1 February 24, 1958 8 Instruction No. 2 February 24, 1958 9 Instruction No. 3 February 24, 1958 10 Instruction No. 4 February 24, 1958 12 Instruction No. 5 February 24, 1958 13 Instruction No. 6 February 24, 1958 14 Instruction No. 7 February 24, 1958 15 Instruction No. 8 February 24, 1958 16 February 24, 1958 17 February 24, 1958 18 - Order of Court imposing sentence and suspending execution for 60 days February 26, 1958 20 Notice of Appeal a.nd Assignment of Error April 17, 1958 21 Narrative April 25, 1958 23 Verdict of Jury Order of Court jury, etc. impanelling of Events of Trial Desifnation o Parts of Record to be Printed May 28, 1958 31 I ........ ~:'.....~~J?.~.~.~...¥.~~.~.~.L ............... , Clerk of the above mentioned Court, certify that the papers listed above and filed herein, are the original papers in the above styled case. Teste: .....µ~</~Jerk / ��Comp. Pann 11 I ST ATE OF VIRGINIA OF Harrisonburg ~ No._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: Charles E. Earman, Jr., Whereas, has this day made complaint and information on oath before me, ____ Co1'll!lonwealthsAttorney J_o_hn __ G_._Le __ ake _________ _ (Name) Justice of The Peace __________________ (Title) City of the said Gaxmy, tha~--------=-___,.-c-------,--- Kirby B. Strawderman Rockingham tlm::ondCounty ------------------------------------~·n did on the 25th December know one Mary Elizabeth day of ravish aid carnally the age of five years, , 1~..1_: Unlawfully and feloniously, Miller, a minor female child, to-wit: against the peace and dignity of the Cormnonwealthof Virginia These are, therefore, to command you, in the name of the Commonwealth; to apprehend and bring before the Rockingham County Court of tlmaacild,County, the body (bJlliiDQ of the above accused, to answer the said complaint and to be furtht>r dealt with according to law. And you are also directed to summon : C-liifitonMiller Ressie Miller Dr.Charles color Address Fulks Run color Address Bergton 1'1. Hertzler color Eula Showalter Nancy King Fulks Run Address color Address □ □ Bergton Bergton color □ Address □ □ as witnesses. Given under my hand and seal, this_---'2"-6t=h=---_dayof__ ~--:------,,'7'--'-D-e_c_e,....mb_e....,,r,e;./ ____ __, 19--22. ~:K£ -/- (Seal) �STATE OF VIRGINIA-COUNTY Of _________________ I. ------------------- _, Judge of the County Court Justice of the Peace a to-wit: in and for the County aforesaid, State of Virginia, do certify that and -------------------------, to the Commonwealth as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of ------------------------------------ ($________ ), to be made and levied of their respective goods and chattels, land~, and tenement~ to the use of the Commonwealth to Circuit Court be rendered, yet ujllon this condition: That the said--~-------~-------, shall appear before the County of _____________________ _ County, on the _________ clay of _____________ _, 19__ , at --~---M., at _______________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -------------------shall keep the peace and be of good behavior for a period of _________ from the date hereof. Nonappearance shaU he deemed to constitute a waiver of uial by jury. Given under my hand, this ______ _ day of _______________ , 19__ _....ys _ Judge. J.P. ., ~ n0 'X1 s· ... "' ti) < !" I'll ~ ~ ti 0 ~ • ::,a; > I-'• :;o '1 :;o CT > '<l z I'll 1:1 3 ~ ~ ~ s· o· ::, ~ l . 0 0 c1' > :;o =E 0 C/l 'X1 I\> a I'll z ~ '"i '1 ::,- ... ., -"' ,:.. ( > t"' ::i: a ~ n ~ l"'1 :;o trj Ul CD ~ ~- H ., • 'i ~ ~ l"'1 '"i (") a:: z a:: 9 tJj s, ~ (") 0 °" ~ b "" t U) (') 0 ., ~ e ~ ::s " C: a a a0 ae"'1 3 0 ::, ::s ,, ~ e ... ... > ... (') 0 rn ::,- U) ... ::s 0 '< ::s ""' .. ~ 'X1 > .,... ~ ... :,;- ... "' I'll I'll I'll ti:, ~ s· > ... ::: ::s 0. ~ ... ~ C: s. ., ... ., ... ;.; I'll a 'O I'll ::, ~ oq ~ ;,, .. "' ""' n, ~ ... I'll ::s l)Q e '< ti:, 0 ... ... ::, ... n " 0. g ... <::;· <::;· s, s· s· __;· 0. '< ... ... ., llQ 'O 'O F' I'll e! C" .... ., I'll 0 s, I'll .v, 0. ;. n, 0 {I) >i {I) • L ) ....._ ,. L,, I J (,. d t ) i ,.. t 6 .... ~ g s· s:: D. ., IJQ Ci( 0 i:, ::, ~ ;. 0 ::,- E. 0 (") -=:., ~ n, g ::.· ~- ... ::, n, rn n0 n, "' "' ... ~n,.,n, ... C: - r .... ... "n e. 0 (') 0 C: ::, ... ~ 0 l)Q N I'll 0. �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors the body of the Court of the Strawderman, aforesaid, said County, on the Miller, years, the to-wit, abuse, the Miller, ravish upon their now attending oath 25th day of December, feloniously present 1957, did make an assault a female age of five then December Term, Commonwealth of Virginia, County of Rockingham, Mary Elizabeth Elizabeth of the County, and there and carnally child years, under know, against that in the Circuit Kirby County body of one the age of sixteen and her, unlawfully in and for the upon the the said Mary and feloniously the 1957. peace did and dignity Commonwealth of Virginia. Upon the nesses evidence. evidence of Dr. Hertzler sworn in open Court and sent and Clifford Miller, to the Grand Jury wit- to give of �) INDICTMENT :jrJ~:>7 COMMONWEALTH v. Foreman A TRUE BILL KIRBY STRAWDERMAN 6?1/nt Charles E. Earman, Jr. Commonwealth's Attorney -~ �6, VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAH COUNTY,January 1958. Roy H. Mason, C. V. Grimes, Heatwole, J. Wilson Lee, came as a special grand B. T. Denton, jury, of Rockingham., and after retired to their derman; for having into felonies court their bills: Commonwealth v. Grattan bill as to each; them at this called at this time, term. A COPY. ATTESTE~ ~~Clerk, and the County the charge of the Court, presentments, and after the following in- Commonwealth v. Kirby Straw- Good; Commonwealth v. George Raynes and James W. Lineweaver, and having the grand day Dove; Commonwealth v. Roscoe Nor- man Cook; Commonwealth v. Russell true impanelled in and for and presented as true Sampson; and as to Crawford jury received room to consider some time returned dictments grand this term of the court, were examined, to law a special Clymer C. and J. L. Deter, summoned to this and with Roy H. :Mason as foreman, sworn according Harry R. Kaylor, jury c0mpleted the business is excused until not a before and unless re- ��6, VIRGINIA: IN TtlE CIRCUIT COURTOF ROCKINGHAM COUNTY,January 1958. Commonwealth On an indictment v. Kirby charging accused, Kirby county; requested upon, Strawderman, and said the court the said on advice The court and the of his then fixed said A COPY. ATTESTE~¥ accused for being to appoint without an attorney was appointed Strawderman said the comrnonwealth, came in the custody accused Donald D. Litten Thereupon, and, (rape) Strawderman This day came the attorney this a felony was arraigned counsel, of the sheriff counsel in his as counsel the 24th day of Febru ry next ~ Wlerk. -4- to jail. behalf, said thereaccused. on the indictment a plea of and having for entered was remanded and the of not guilty. for his trial, ��COMMONWEALTH vs. STIPULATION OF FACTS KIRBY STRAWDERMAN It is stipulated the FBI Laboratory he would testify (1) the shorts -!h-£ counsel were called that if an expert as a witness in this from case as follows: That there Commonwealth's of child's between panties, was submitted Attorney to said laboratory of Rockingham County, man•s gray shirt, a pair by a pair of men's white and a white handkerchief exl,,l,,Je.-/ 1,i eut/...enc..e... )e.jre.. . I:.._,. 1 CD ,., -l1u r 'f.. :!J-. fc l:;,-k-,r; I J J/ J>.. \2) That a chemical ana ysis of sefd articles of clothing of disclosed (a) the following: The presence of two small human blood grouping (b) on said of said The presence panties. (c) shirt white (d) (e) was possible. of human blood of said of stains and on said pair of blood pair on said of men's of a seminal stain spermatozoa on the fly men1 s white shorts. The absence of semen on said said of child's shorts. The presence panties, No Such blood was not grouped. The absence grey blood area of handkerchief. of stains in the crotch stains on said white m~•s handkerchief. of said grey containing pair of pair of child shirt, and on 1 s ��(3) testify said If that seminal said expert witness he was unable stain found were present to state on said the white length shorts he would of time had been present. \ arman, Commonwealth Attor -~~b~ Donald D. Litten Counsel for defendant �I I �COMHONWEALTH v. KIRBY STRAWDERMAN CHARGETO JURY If you find dictment, finement than the accused you will say so and fix in the penitentiary five attempted for of rape, his as charged punishment life, or for in the at death, in- or con- any term not less years. If you do not find fix guilty rape, him guilty as charged his punishment in the at death in the penitentiary for of rape but find indictment, you will o~ in your discretio~ life or for him guilty of say so and by confinement any term not less than three years. If you do not find said, but find so and fix exceeding Dollars, his twelve of either him guilty of assault punishment by confinement months, or by both If you find him guilty and battery, or by a fine such fine him not guilty, of the felonies in jail then for not exceeding you will a period Five - 7- say not Hundred and imprisonment. you will afore- say so and no more. �( �COMMONWEALTH v. KIRBY STRAWDERMAN I INSTRUCTION The Court evidence had carnal find further of the female constitute carnal jury that doubt knowledge him guilty The Court tration the beyond a reasonable Strawderman, you shall instructs that organ by the knowledge. in the the from the the prisoner, of Mary Elizabeth as charged instructs if you believe jury Kirby Miller, then indictment. that male organ the slightest is sufficient peneto ��COMMONWEALTH vs. KIRBY STRAWDERMAN INSTRUCTION NO. The Court instructs ant can be convicted was an actual prosecutrix 1s sexual jury 0- that before defend- the indictment, beyond a reasonable penetration the S ofA~.chargeclin Commonwealth must prove there the r '1- P Cl doubt to some extent organ by the defendant 1s the that of the sexual organ. ��COMMONWEALTH vs. STRAWDERMAN INSTRUCTION NO. I ( The Court is presumed that the instructs to be innocent presumption trial. allegation charged There the plea l of "not of proving is no shifting of this the evidence t rial • for it guilty" every land, duty an essential and binding of the jury every upon the of the beyond reasonable bur~en, innocence the of denies element as it doubt. remains upon The~a""c~used and if, after Commonwealth and the condefense, is your duty to , and yo u must acquit You are instructed that the presumption is not it am ere f orm to be disregarded by the but/is stage the whole trial. to prove his from thn woe h 1 him. every and puts and the accusea'·guilt required sidering in law the accused with which crime/he is charged and of the indictment the Commonwealth throughout is not that him throughout Commonwealth the burden crime jury of the follows Moreover essential the and substantial part on the • Jury in this to give the defendant of innocence jury oft case; at pleasure he law of the and it is the J.~ull benefit the of the presumption. The Court further or probability cient of his instructs the guilt, however to convict , nor is • it sufficient - /0- J·ury that s t rong, for mere suspicion is not suf~i- the greater weight �--.._,! �or preponderance the indictment, must be proved theory of the evidence but to warrant so clearly consistent with that supporting his the conviction there the evidence charge his in guilt is no reasonable upon which he can be innocent. You are further to be prejudiced point instructed by the inability out any other to~ndicate He rests his secure that guilty defendant is not of the Commonwealth to agent, own innocence the nor is he called by naming in the presumption upon the guilty party. of innocence until Commonwealth which establishes his is adduced by the beyond all reasonable doubt. - II- proof guilt �~, ) '. '' I ., ·' .) ' 1-;, �conMONWEAt H V • IRBY STBA' DERMAU IUS RUCTIO. NO. The Court instructs jury thet the the Com onwea th to prove that in ictme it 1 such fact the offense t wa committed within not nece·ssary however for beyond reasonable Jl..fr_,,_, the evidence ra!se was committed in a,-,t/ burden is on charged in the Rockingham County; the Common'w' alth th t to prov oubt but only necessary that C4n//incozJ a" I J said th I presumption County-. that the offense �.. 0 �COMMONWEALTH v. KIRBY STRAWDERMAN ----:: INSTRUCTION In considering burden the of proving Court whether the instructs "reasonable" nor its is founded on reason, or possible proved doubt, guilty or not the Commonwealth has met its guilt the ✓ of the accused beyond reasonable that you should not overlook jury meaning. A reasonable doubt and is not to be confused for beyond the imaginable, the word is a doubt with law does not say that every doubt, which imaginable a man must be conceivable or possible doubt. In passing upon the the jury must limit the trial of this its sufficiency consideration case, including ferences to be drawn therefrom. evidence to create find inferences of the doubt, proof to the evidence presented at and reasonable in- the natural The jury of the charge, cannot go beyond such nor can you go beyond such evidence to of guilt. the jury of e in mind dence, from fro any particular material and fact and nonessenti not a mer sta If, the evidence, prevent accused, If, sideration viction all after a reasonable and honest your minds are you from reaching then in such a state a convinced belief~of the Commonwealth has failed on the other of all the of the truth reasonable left consideration doubt. hand, after evidence of the charge, case, of of doubt the guilt to meet its an impartial in the of all as to of the burden. and reasonable con- you mve an abiding you are then satisfied con- beyond d✓ ~ -5;. . �) �COMMONWEALTH v. Kffi.BY STRAWDERMAN INSTRUCTION The Court evidence evidence, is further instructs just as legal provided that of such character of the defendant's jury anc}fu.aybe just the and force guilt the attending that circumstantial as effective circumstances as to satisfy beyond reasonable as direct proven the minds of the doubt. are jury �) �COMMONWEALTH v. KIRBY STRAWDERMAN 1 INSTRUCTION The Court nesses is a question the right the stand, sistency their ship to determine their weight that exclusively for the credibility the jury; from the appearance intelligence in the result which witnesses jury testimony, of the witnesses surrounding the manner of testifying, of their apparent witness other instructs their or lack trial, and the jury of the witnesses the reasonableness apparent candor if any, if the any/4.ppear, have on and con- and fairness, of intelligence, to the parties, of the of wit- the relationinterest of the and from all circumstances appearing on the trial, are more worthy of credit and what is the relative of any such testimony and to give credit determine accordingly. ��Commonwealth v. INSTRUCTION ---- The Court criminal instructs the case by a jury of twelve the minds in the Each individual a reasonable doubt his oath, should feel of the jury, convinced before consent the fellow jurors, defendant's in this ions juror case, simply convictions. doubt member of the in this should guilt it case, as is set is his because forth his beyond before he can, Each juror own mind should of the defendant's after such reasonable of the jury guilt if duly considered consultation in certain be Therefore, having duty not to surrender the baiance a conviction upon him as a member and after entertain before of guilty. jury, of a concurrance of guilty. that to a verdict the guilt resting realize trial must be satisfied defendant's beyond a reasonable evidence of guilt to a verdict and should upon the law contemplates the responsibility any individual all of the he can consent that conclusion can be had. under jury with his doubt of court instructions his own convict- entertain different �L J ���24, VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,February 1958. Commonwealth v. On an indictment Kirby charging accused, Kirby county Litten. Strawderman, and by his facias, twenty duly qualified ing the names of said heretofore from exception; twenty from the names of four D. Click, persons persons, L.B. Carr, Dwight Lantz, Justus Biller, K. R. Alexander, Brock, who were selected was handed accused according it Leon Awkard, Willard and truly try from the court the evidence room during on behalf moved the court beth Miller say, and Clifford ed, by counsel, the court to constitute and true on behalf offe for there- namely: Hawkins, E. Caricofe, the jury, heard of the witnesses, testimony and having to strike verof the a portion in his Mary Elizawas hear- completed the the accus- excepted behalf, of by counsel, the same, which motion by counsel, ed no evidence and case be excluded the accused, their A. make be- On motion of the commonwealth, and the defendant, having And having because sustained; twelve, deliverance in this commonwealth, Miller, struck at the bar and a true witnesses the evidence moved the court overruled And the accused of the the court of the evidence all contain- E. Simmons, and William the trial. to strike which motion hearing that of and found a list Westbrook to the law 2nd the evidence. was ordered writs to the attorney and the re!'!lain n as aforesaid of Donald D. who each alternately Ch rles and the sheriff under whereupon, tween the commonwealth and the prisoner render appointed, Roy S. Wright, Mervin Biller, who were sworn to well of the were examined by the court the commonwealth and the accused, Charles custody summoned by the sheriff persons and free for the commonwealth, came in the attorney And from persons venire dict (rape) Strawderman This day came the attorney this a felony thereto. thereupon, �', ) ) �the jurors received and having heard the written the argument their room to consi again ·nto court jury, find the accused ent, for and fix er their his the the verdict said of the verdict evidence strike verdict, guilty jury is contrary to support it. counsel, the evidence submitted 3. Because of error in instructions 4. the accused Because under the constitution; be assi said ned in motion, Wednesda~, and further February Hawkins, grounds. the court proceedings thereon 26, next; End the accused A COPY. ,£¥o/lerk. trial grounds Wh reupon, to set aside the and is without in failing to commonwealth. of the court a public foreman." 1. Because erred of the on such other jail. ATTESTE:zz~ in the penitentiary the court on behalf was not given and, riting. in the indict- to the law and the evidence 2. Because to "We, the moved the court on the following retired verdict: at confinement court, some time they came as charged Westbrook of the jurors and after of rape, (40) years. b the the following punishment accused, instructions of counsel, and returned a term of forty Thereupon, and oral given the jury. as guaranteed as may later took time to consider were continued was remanded until to �I ) I �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,February 26, 1958. Commonwealth v. On an indictment Kirby and the accused, sheriff Kirby of this and by his And the court the accused made at a former dict jury, of the the accused, Kirby (r !)e) by c~unsel, came in the attorney having custody heretofore considered appointed, the motion aside the same, to which action excepted. And it bein of the of the ver- of the court inquired of said if anything he had or knew to sey why the court not pronounce sentence on him and nothing alleged in delay thereof, it incident penitentiAry hard labor to this of this in jail state however, a aiting is hereby order to allow the verdict b of the of 62 days, or the court Strawderman he be confined the term of forty to a credit on motion suspended of said for the said Kirby the Supreme Court judgment with and that offered the in the (40) years at jury, term said time he was held trial. However, tence for being considered of the said Kirby prosecution, in accordance to be subject, therefore is the commonwealth recover costs for the commonwealth, day of the term to set overruled Strawderman should the attorney Strawderman, county Donald D. Litten. the a felony Strawderman This day came again that charging of Appeals of this And the said a period of Virginia execution of sixty Strawderman of said Kirby Strawderman ~Clerk. sen- (60) days in opportunity for a writ to apply of error court. A COPY. AT·TESTE,f!$,"1:f-";~ accused, was remanded to jail. to to �\ ( ) \ �VIRGINIA: IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY FiledIn theClerk's Offic Rockingham County, Va. COMMONWEALTH OF VIRGINIA vs. APR,1? 1958 KIRBY STRAWDERMAN / NOTICE OF APPEAL AND ASSIGNMENTSOF ERROR To the Clerk of the Counsel for Kirby styled case hereby give notice case in the on February Circuit Court of 'Rockingham Strawderman, Circuit Court of appeal the defendant of Rockingham from the.order 1958, and set forth 26, County, in the County, entered the Virginia: above Virginia, in this following assign- ment of errors. (1) That the Dr. Hertzler, to testify Clifton Miller of the defendant. (2) Ressie made by the cured of the LAWOFFICES GEORGE D. CONRAD DONALD D. LITTEN ASSOCIATE victim, That the erred and mentality objection in allowing to testify instructions and exception the witnesses, Miller, defendant, of as to statements Mary Elizabeth of the Court Commonwealth's erred jury character the witness, over which error of the the was not Court to the jury such evidence. (3) the in allowing over the Miller, subsequent to disregard likewise Court and exception by the stri~rn Miller and Clifton alleged erred as to the and Ressie That the Miller objection Court in failing as contrary of which actions of the erred evidence in failing after and refusing to the Court it and refusing rested to set law and to the the defendant aside its case and the verdict evidence,to objected to all and excepted. �J �(4) No. 5 That the Court over the objection erred in granting Instruction and exception of the accused. First National Harrisonburg, Bank Building Virginia First National Harrisonburg, Bank Building Virginia Counsel for Defendant. This is to certify that a-true copy of the within Assignments of Error was served upon Charles E. Earman, Jr., Attorney for the Commonwealth, by delivering the same to him on April 17th, 1958. LAWOFFICES GEORGE D. CONRAD DONALD D. LITTEN ASSOCIATE �____,, �WRITTENSTATEMENT,IN NARRATIVEFORMOF TESTIMONYADDUCEDAT THE TRIAL OF THE CASE OF COMMONWEALTH OF VIRGINIA vs. KIRBY STRAWDERMAN February 24, 1958 (The narrative shows the grounds of objections made by accused) WITNESSES CALLEDBY THE COMMONWEALTH CHARLESW. HERTZLER (This medical doctor witness's were stipulated Being first examined duly That for the witness Miller Virginia. as a competent by counsel sworn, Mary Elizabeth at Bergton, years qualifications testified appeared old and was somewhat frightened. bloody. That her vagina accused) that he had 1957, in his on December 26, the child practicing office to be about five That her underpants was spread apart were and somewhat bloody .J'e,I' I tJc<J' but that there surrounding was no~hemorrhage. tissue accused on the unduly prejudicial was torn. grounds that he knew the laborer and always The witness injury at that." an outside something in his defendant Miller his testified to the That fingernails paid other than a penis that he did not That he based 1his opinion object the was a high moron. professional but on the injury medical op·nion 11 and a big one the vagina. beeause it fact would not cause testified that bruises was by was so remote, a second of the the That there might have been caused such possibility give to was a day have been done by a finger that That a penis Mr. Miller Mrs. Miller or cut and was permitted was done by a male penis couldn't possibility that of the was immaterial that in his would have scratched opinion, bruises. bills; and the and exception the witness family, that child it Over objection such testimony to the testify the that That the hymen was torn consideration. complete absence whereas of a "ha:a.d" would bruise. RESSIE MILLER Having been sworn, Elizabeth Milllr. That the Christmas Day, 1957, the child accused is five she is the years came to their -yj- old; mother of Mary that home about on 12:00 �) ) .., �Noon; that ·he asked candy and that accused child let permission permission to take the was granted; and "had something against that him"; were gone from one to two hours; the child back in the out of his was then that the asked whether ment as to what had occurred on the grounds that come within was taken she did not that car and that the some like accused the and the she saw the accused accused did not come and counsel such statement for the for the objection chambers so that statement was, if it that developed in fact, by its admission. ..,. defendant excepted. asked hearsay The Court objected hearsay to the hearsay and the defendant accused would constitute any exception up in chambers, Mary had made any state- rule. and The matter was overruled, and e../"..J' \Ntl-n counsel to get her house. The witness did not child the i:1 i:Ef be examined on cross-examination the jury refused in that said would not be prejudiced to grant this motion and - tinued and the witness ment that panties her, legs. that that of the witness the child she found That the child That the reason con- had made a state- blood on the was taken she wasn•t then taken child's to Dr. Hertzler sooner was because was no means of transportation. On after day. examination testified Kirby had hurt and on her the next there Direct cross-examination she interrogated that the child for the accused by the child disregard the witness Mary as to whether made an affirmative the recited testified Court then by the witness all it was only Kirby had harmed her answer. struck that Upon motion of said and instructed of counsel statements the jury made to such statemeni:$. CLIFTON MILLER Having been first Mary Elizabeth Miller. sworn, testtfied That he lives that he is the father at Fulks Run, Virginia. of ��That on Christmas to his home to visit. witness child and that to get occurred. took the on the come within me. tr that came back about wrong with the doorway for then the that he did not know whether the statement of the child and did not was per- 11 that Kirby hurt was crying. that she stood he did not just the and found blood girl was questioned and, the testimony Court, inside the jury anything; on her legs; or not upon motion of the witness and instructed coming accused the witness testified that That child hearsay rule child child the she made such statement, struck 1:30 p.m. of the her mother the permission, to ha 1f an hour with out saying examined then told child; his the accused, constituted the witness that before wife and exception child 15 minutes with his and was awakened by the say that examination see anything accused, to the hearsay the not out of the way had ever the such testimony That he could On cross nothing objection came home and took the the any exception to testify came to the child defendant was a nephew of the occassion Over the that defendant often had been sleeping room. 12:00 Noon the and that and that grounds mitted defendant candy etc., the child about That the That on this the witness into Day, 1957, of as to the to disregard it. W. A. SPITZER Having been duly of Rockingham December 27, Strawderman County. 1957, Timberville operated testified at 10:30 o 1 clock That the by Benny stated Day around and fold that That he arrested and the accused home on Christmas some candy. sworn, 12:15 accused the ener,,,1/y rrAand and ore candy bar and that stated he is a Deputy Kirby a.m. that Strawderman Sheriff on That he interrogated he had been at the Miller and had taken the child they went to Dove's to get store store in closed and then went to a)store 4 k ,.,, kh·,.._;h•,,., ~,,.,+-y got two or th.Bee bottles of coca cola l:,,,ow'J the girl had been in his sight all �'' �that time and hadn 1 t gotten and that they accused's never underpants same underpants into and the Highway 259. accused from the accused the molesting State car or out of his stated he had worn on Christmas a handkerchief goes left out of the State or having 1s intercourse That he took the that Day. with they were the That he removed automobile. of West Virginia. sight Tb.at Route 259 That the accused denied the child. STIPULATION A written was entered if into an expert witness stipulation, between a copy counsel from the F. B. I. he would testify which is attached whereby it Laboratory to the facts was stipulated were called therein hereto, that as a conceded. WITNESSESFOR THE DEFENDANT The accused offered The foregoing testimony Virginia 22nd, adduced vs. 1958, Kirby and is written no evidence. statement, at the trial Strawderman, of the in narrative case was tendered form, of of Commonwealth of to me on April ��The foregoing testimony Virginia my office adduced vs. Kirby on April written at the statement, trial Strawderman Ya of the in narrative case was delivered , 1958. Virginia form, of of Commonwealth of to and filed in �..J �vs. KI.Y MD I i ·i ul · wer e t e r .. e (1) 0 " or the . itte gr y 24th ... l e ( ) ·J.Inan lo _upi;ig (c) of bloo i t h a c-uc bl • ·h a ence of was po pi w 0 io 1 l • ehil 0 ' • od on sa1 bl ia p ir o 0 r. roup not ot o n blood f'h tairu3 an me ts horts. r ) on th it t .... I; e , 1 mi tin l ly of s i .i. cot pair in 0£ orts. n f 'J. p tain or sal Cl' 1 before or _rticle mall ce of st i (e} o:r on s 1 han'kerchi 2n ,. it 1 w te n' of in evidence 1958. of t o ~ pr s (b) ar .• ollow pres nc 'l'h , 1 of February~· pe1 unty,_ ' ..arc • .1 :r eY.hibited ,. tory by labor C ,_ jury (2) to s 1 or h c se .• llo• l,, th a witn se 1n thi 11 fro .p r t _l eoun b 1 gre-, 0 1 ' whit n rc ief. 1 1r o ch.11 irt,_ an 0 • �) ..:01ed e!).neblve· 0 £Li: bed".td.i:rixe • )~~1 .... } f.. t e • J ) f t r �(3) testify If • r that sa1 • semin l resont e t&in fo on pre ent. /s 1 w ite he would J. ort b n ��COMMOt~iEALTH OF VIRGINIA vs. KIRBY STRAWDERMAN Be it remembered, 24, February 19.58, that at the ~@,;frft3Uwr◄itilg trial tended the to reduce guilt Attest, certificate, within grounds instructionAwas burden the '"}y- 60 days of final degree day of April, same having that the on on behalf of the instruction on the Commonwealth of establishing of the a~cus:_~ below the this given and exception of the objectionl::eing the above case #.S- of the Commonwealth over the objection accused 1 the of the required by law. 19.58, to the above been tendered to the undersigned judgm~. Ju~ Circuit Court of Rockingham County, Virginia ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA vs. Designation of Parts Record to be Printed of KIRBY STRAWDERMAN Pursuant (b), (c) and (d), above captioned 1. to the provisions the following criminal parts case Indictment of Rule 5:1 of the record returned by the grand with return /4..),<-<6 2. of facts "Stipulation /JI The stipulation omitting therefrom at the trial including case, "Instruction 5", 4. 5. therefrom of exception The verdict of the Notice attached side, page 2. between by the Court the I to the jury, caption and of court ~ on February "Notice 24, 1958, page 18 Court I of Error, omitting of Appeal and / page 21. in Na I:Tative therefrom thereto, the carbon pages Form of Testimony copy of the stipulation 4 23 to 27, inclusive. MAY?~1958 GEORGE D. CONRAD DONALD D. LITTEN Counsel ASSOCIATE - JI- for Kirby Strawderman 1 ; 1/-z- ¾ on February Filedin the Clerk'sOffice Rockingham County, Va. LAWOFFICES I page 17. by the Circuit and including jury page JO. of Appeal and Assignments The "Statement Adduced •. " excluding at the and including therefrom entered 7. 8. into to such instruction, The Order entered of Error", on reverse page 13, and certificate 6. Assignments of facts omitting Order of Court the caption jury entered the caption No. 5 given Instruction of this as to saving in the page 5. of Facts", ~:JO 3. 6 are to be printed. December Term, 1957, together counsel, Section ��Due and timely parts LAWOFFICES GEORGE D. CONRAD DONALD D. LITTEN ASSOCIATE of record service to be printed of the foregoing is hereby designation accepted. of ��VIRGINIA: IN THE SUPREMECOURTOF APPEALS OF VIRGINIA KIRBY-STRAWDERMAN Plaintiff in error, Defendant in error. v. COMMONWEALTH OF VIRGINIA DESIGNATIONOF ADDITIONALPARTS OF THE RECORD WHICHDEFENDANT IN ERRORWISHESTO HAVEPRINTED To the Clerk of the Supreme Court of Appeals of Virginia: II Pursuant to Rule 5:1, of Appeals of Virginia, counsel, hereby it wishes §6(b), of the Rules of Supreme Court the Commonwealth, Defendant designates the following parts in error, of the record by which printed: Instruction Print All of Pages 10 and 11. No. 3. COMMONWEALTH OF VIRGINIA, Defendant in error. John W. Knowles Assistant Attorney General Of counsel for Defendant in error. September 17, 1958 Supreme Court - State Richmond 19, Virginia Library Building I hereby certify that I have this 18th day of September, 1958, mailed a copy of the above designation of additional parts of the record to be printed to George D. Conrad, Esquire, Attorney at law, First National Bank Building, Harrisonburg, Virginia, Counsel of record for plaintiff in error. . Kno Assistant Attorney General I �,.. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Kirby Strawderman Subject The topic of the resource Felony Rape Description An account of the resource defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_009 Strawderman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_008_commonwealth-v-kirby-strawderman.pdf fd280a45aeda87ce83e1bdcb64286224 PDF Text Text ���������������������������������������������������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Kirby Strawderman Subject The topic of the resource Felony Rape Description An account of the resource defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_008 Strawderman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_010_commonwealth-v-lacy-m-halterman.pdf 9368fccca1e05acbce25b6bf1e4674fb PDF Text Text . - ��G. H. Parent Co. Ashland. Va. F orm N 777 o. ~Q::::_::~-~~f_:~-~::::~~----l t~wit, Circuit In the said Court of April county Circuit , now attending the Court of the said of county LACY M. HALTBRI N upon their oath present that or about 9th day of within twelve months prior to the finding of this indictment, to-wit, ontfhe , in the year one thousand said county, the said shoot with did and wound with disfigure, him, the disable, unlawfully, a deadly said nine undred make an assault , feloniously Clyde Bishop, intent rs54 County The grand jurors of the Commonwealth of Virginia, in and for the body of the Rockingham Term, to-wit: Clyde Bishop, f'our then and maliciously a .22 caliber and there and kill, Deputy Warren Spitzer and Clyde Bi shop, witnesses sworn in open Court and sent to the grand jury to give evidence. did pistol, to maim, against the peace and dignity of the Commonwealth of Virginia. Upon the evidence of and in the on one C1yd e Bi shop and him, feloniously, weapon, I'ii'ty and �INDICTMENTFOR A FELONY ( l ALTH George D. Conrad Commonwealth's Attorney 7 /-3 () Foreman. .I..AL;y__M_.__H.ALTERMAN. -------------- vs. COMMOJ{WE �Commonwealth v. Lacy 1'.. Halterman CHARGETO JURY If you find of wounding charged his accused, Clyde A. Bishop in the Lacy M. Halterman, with indictment, punishment a period the you will by confinement of not less malicious than guilty intent, as say so and fix in the penitentiary one year for nor more than ten years. If you do not as charged unlawful and fix for him guilty in the indictment, wounding as therein his punishment a period years, find or, of not in your exceeding twelve five hundred dollars. If you do not less find but find battery, as further charged say so and fix jail for a period fine not exceeding fine and imprisonment. no more. his not him not hundred guilty, not of either him guilty exceeding say so penitentiary exceeding of the of assault by confinement months, dollars, you will five in jail indictment, twelve of nor more than and by a fine punishment five you will by confinement in the wounding him guilty in the one year him guilty aforesaid, you find charged, than months will find by confinement felonies If but discretion, not of malicious and then you in or by a or by both say so and such ��Commonwealth v. Lacy M. Halterman INSTRUCTION_/_ The Court every person charged is established and this instructs and they are of innocence case, instructed doubt as to any fact against defendant and applies that relies a reasonable reasonable to excuse from their grounds which resulted him not guilty. that 1--lf-F ✓ J/ Al where the him, the burden or to at least of all by reason of that the jury it must appear that is raise the groun in from the believed, and had at the time he fired the shots in the wounding of Clyde Bishop, imminent danger of death ~- instructs Lacy Halterman, to believe, to prove the consideration doubt of his guilt the accused, thereof; duty to give the the jury and the Court further that essential such defense self-defense, doubt, they have a reasonable is ·their instructs to establish to establish evidence his guilt to every stage of the doubt and find in the minds of the jury order it upon self-defense upon the accused of defense, should the defendant, The Court further evidence until goes with the defendant or circumstances the benefit prisoner the law presumes by the Commonwealth beyond a reasonable the entire ch~rges that with crime to be innocent presumption through the jury or serious bodily harm. that he was in ��Commonwealth v. Lacy M. Halterman # INSTRUCTION The Court instructs the the Commonwealth to prove doubt of an offense against or beyond all satisfy accused the accused the guilt possibility the jury that is guilty the burden resting guilty thereof beyond all element does not mean that Commonwealth to establish than that and every material the accused, certainty jury it reasonable thereof, charged is necessary for the of the accused of mistake upon the evidence beyond all upon reasonable to an absolute or to do more as a whole the doubt. �... �Commonwealth v. Halterman INSTRUCTION The words instructions of this Court, mind which, after the evidence, leaves "reasonable A-+ doubt II have been defined a full comparison that the defendant as that state and the defense, of the jury in that condition say that they feel an abiding as used in the and consideration both of the Commonwealth the minds in the case, NO. faith and belief of of all , that they cannot from the evidence is guilty of the charge. �.. �Commonweal th 3 Instruction v. Lacy M. Halterman Any assault to main, or wounding disfigure, of self disable defense, wounding, within the meaning sence with of malice the if not of the weapon, wounding charge to the a malicious or an unlawful assault or wounding same intent, depends upon the accused at the of sudden passion of the ground jury. or kill, part intent on the disable on the with justified a malicious between to maim, disfigure, or wounding, a deadly or kill, must be either The difference intent with and an unlawful assault presence time with or ab- of such wound- ing. If ficient ful committed provocation wounding; anger oenoting with otherwise, an action duty and deliberately plain done intentionally because state have been heart lost intentional or malice, the infirmity the wounding but has been or as here with imputable 11 heat motive, done as of social means a wrong act as applied the mind of a man who, a sudden deaf to the although the absence upon grave - 1 - not motive, regardless rage or extreme voice the result to human infirmity. done in hot blood include of passion", was not and the used or excuse. so that it an unlaw- such circumstances Malice imply rendered of death, is and corrupt inciting control, of human nature is cause wounding, it on a suf- and unjustifiable on mischief. provocation, to self 11 malice of a heart su,dden passion" of excltement, 11 attended 11 of unlawful combat, from any wicked just arising wounding. unlawful indication bent of some grave and becomes and every without The words crime 11 mind and purpose, in them the to the but flowing carry of mutual a malicious 11malicious and hatred an evil heat or in the heat The words only in the of reason act done might of a wicked In so recognizing of genuine provocation, malice the when law �+ r ·,91/, .. r l ..... I ,. r • ·1 r•l .. ' . ,. r 'J '! ~ ·.r. j" l ~ JJ .., b°) ('tj 0 ,11 f . r r- r L F .1 .,., + t ( ~ p. ~ '-'· e t J- 'l E' • + ... • .. ( ,.., r. f l e t t ~ i:( t , ," . J f!< Jr '- t ,., '! :t n: .l re p J ,'f_ I ' -· '), 10 .J. ,.c() ~ .. ,., ~, "' t ,_ [ r ! e 'J t I"[ "·. r r; 3.L 11 .. I •t L tv ;'!eV ) ,, " r I O'I .. ,_ t , ,. < .... ,... _, , r ,r ,_ ;.,J 't r rL r L < . ~ , Cl ( .:, . ·.J j ') ,J ' rr: r,• " . • Lr 1. r r \ l ~ J , t [ B'l ~ r .fI "' -A [ ·- j ') " C\.., i .. ., •< . ) ~ '1 ,... r t �Com'th v. reduces ful Halterman the grade wounding. excited under of While by a great effect taking law by another, into except assault the law from so far it in lawful for as to of an act right exercise or to 1 human passion allow it excuses avenge of his the done a man for a wrong right d. unlaw- of violence or wholly to concl wounding ard combat justifies own hands the re excuse never his malicious has or by mutual or partial influence, the the wrong of mitigation its "3 Instruction of done self defense. Even emotionally on receiving unmoved, is self control, maintains his adversary with he is guilty the a deadly of malicious still gravest provocation, conscious but weapon, of the nevertheless otherwise woundin, - 2 - with if voice wilfully than intent in a person of reason wounds defense to main, is and his of himself, &c. �+ [! J o I ') V ,. I ( .t l e 0 I rl j j"I ( . [ ' rr �Commonwealth v. Lacy M. Halterman INSTRUCTION The Court instructs malicious shooting proved, shooting, malice with a deadly of disproving on a charge of is presumed from the fact of weapon, and when the shooting is and is unaccompanied the burden accused. the jury that by extenuating malice circumstances, is thrown upon the ��Canmonwealth v. Lacy M. Halterman j INSTRUCTION The Court instructs evidence that Bishop threatened the jury that if you believe Lacy Halterman with serious harm and that Lacy Halterman had reasonable such threats would be carried into execution, had the pistol bodily grounds to believe he had the right arm himself for his own necessary self-protection, no inference from the that to and in such case of malice can be drawn from the mere fact the accused in his immediate possession. �c.. ... u C, C. "I C, T .-r C .,. I .. Gf r �Commonwealth v. Lacy M. Ha1terman INSTRUCTION The Court dangerous intent weapon, instructs evidence cursed that that object another and acted was assaulted he was not compelled but could stand that necessary to retreat necessary from the he angrily manner toward and had a right to repel to use all said from the said Bishop, his ground and use such repelling reasonably calculated and if you believe in a threatening as to him seemed reasonably appeared manner, with the Bishop had in his hand a knife, the defendant assault; the use of any under circumstances is an assault, him, then the defendant force that in any angry or threatening to alarm or strike to affect the jury force for his own protection. as �L �Commonwealth v. Lacy M. Halterman INSTRUCTION+-The Court instructs defendant within had the right striking do bodily ends, instructed that instance, apparent further believe Bishop had abandoned such danger existed then the accused's or apparent, malicious JI ;J 5;. gun, yet if you on the accused, with the consequence in actual danger apprehending or that that when he shot and wounded Bishop, act was not upon any necessity, or unlawful 1-'lf-J ~ and ends from the ev- the attack ground for and you should find No. begins or beyond a reasonable or escape was no longer was no reasonable to kill to shoot him may have been from the evidence, the accused have been in the first when he drew his to flee which the you are further you may believe and the necessity and was attempting there connection Bishop was the aggressor doubt that that the right where the necessity although to accused a force must itself and that and in this that that to resist distance harm begins where it idence the jury him guilty wounding as defined real of either in Instruction �( " G .- I ,. L �Commonwealth v. Lacy M. Halterman INSTRUCTION L The Court danger, if any, of the shooting reasonably in~ructs you will instructs judged by facts consider Halterman to him and not by any intention in the mind of Bishop. was exposed at the time as he could reasonably and circumstances upon the as they and draw such conclusions as he was at the time; you that in passing the circumstances to the accused from those circumstances Court that to which Lacy Halterman appeared did draw, situated the jury have drawn, and in other is entitled words, the to be tried and as they reasonably that appeared may or may not have existed �• I I �Commonwealth v. Lacy M. Halterman INSTRUCTION L The Court instructs witnesses is a question have the right witnesses ness and consistency their the relationship interest appear, testimony, intelligence and what is the relative accordingly. their surrounding which witnesses of and the jury of the the reasonab apparent igenc , if any, the of the trial, circumstances if any appearing are more worthy of credi weight of any such testimony, e- candor or lack of intell to the parties, in the result other determine for the jury; manner of testifying, of the witness and from all give credit their apparent the credibility from the appearance of their of the witness on the trial, exclusively to determine on the stand, and fairness, the jury that and to �I' �Commonwealth v. Lacy M. Halterman INSTRUCTION The Court from the the said against threats each with jury the armed that a reasonable M. Halterman, a pistol, when they attacked the beyond Lacy one Halterman that evidence accused, threats instructs other, and that himself against the Halterman with said at just as public ing in Bishop knife Bishop accused being cannot complete rely defense, malicious wounding soon wounded upon and must as by the the law of be found or unlawful that because the with other, a knife, and Bishop began was able, accused, then self-defense guilty made of and Halterman each both Bishop highway, _,. shooting you believe doubt and Clyde and Bishop met near if of resultthe as a either wounding. I 7-t-Jf II✓ ��Commonwealth v. Lacy M. Halterman _J_ INSTRUCTION The Court from the evidence had threatened instructs that before to beat or ki 11 Lacy Halterman, had been communicated further believe act the shots from which Lacy Halterman to execute him some serious bodily under the reasonable prevent the said that that such and if they Bishop did some overt could reasonably threats Bishop at the time of the were fired harm, and that belief if they believe and that to Lacy Halterman; from the evidence and before was about that the time of the shooting, threats encounter the jury infer by killing that him, or doing Lacy Halterman such shooting Bishop shot Bishop was necessary Bishop from ki l 1 ing him or doing him some grave bodily harm, then the jury must find REFUSEDAS COVERED BY 7t~I_ H__ __ _..;.j_,t/'. __ J __ Lacy Halterman ://:6 Judge Ex. not guilty. to �I , �Commonwealth v. Lacy M. Halterman INSTRUCTION~ The Court instructs evidence that Bishop threatened harm and that lacy such threats himself lacy Halterman with serious Halterman had reasonable would be carried from the bodily grounds to believe into execution, he had the right that to arm and Ju/.such case no (>let"C 4Ll" h, h. J'J of malice can be drawn from thet\facttrie"QP&p&P&Elfo,t i:;f;.. for his own necessary inference ln the jury that if you believe h 1 .,. , self-protection, rn f'Yl-L d, ~ /..e.. ( tJ .r.f'J.ll cl v -.!'1 e>/J . / ('-lo �(, ~ , (, (., I.., l L ,J J l c; (, ... , u C .) i.. • ,J .r f ., C, C ' v T �Commonwealth v. Lacy M. Halterman INSTRUCTION The Court may believe attempted further instructs from the to attack believe the jury evidence the from the that accused evidence that although you Clyde Bishop with a knife, beyond if you a reasonable w~unJ,Y1-1J / .,, / ��Commonwealth v. Lacy M. Halterman _L INSTRUCTION The Court presumes every his guilt doubt, through charged is established and this case, instructed as to any fact the benefit that the law with crime to be innocent of innocence and applies that or circumstances the defendant, the jury until by the Commonwealth beyond a reasonable presumption the entire and they are against person instructs it should to every of the doubt and find stage thereof; they have a reasonable essential is their goes with the defendant doubt to prove the charges duty to give the defendant him not guilty. �r '• �Commonwealth v. Lacy M. Halterman J,;: INSTRUCTION The Court resting upon guilty beyond every material accused, the the or evidence beyond all jury that the burden Commonwealth to prove the accused reasonable element not Commonwealth mistake the all does an absolute instructs to establish do more as thereof, mean that certainty to doubt a whole reasonable charged it the the doubt. an offense necessary guilt of all satisfy accused and against is or beyond than of the the for the accused possibility the is jury guilty to of that upon thereof ��Commonwealth v. Lacy Iv.• Halterman INSTRUCTION The Court malicious shooting proved, instructs shooting, with the malice a deadly the burden upon the accused. that is presumed weapon, and is unaccompanied stances, jury on a charge from the and when the by extenuating of disproving malice of fact of shooting is circumis thrown r .. ��Commonwealth v. Lacy Halterman ri. 4 INSTRUCTION The Court instructs applied to case may be either only this hatred unjustifiable from been or in symptoms and of regardless for any into or at the social is not existence any time at every meant circumstances with them duty, plain length of time and of the reasonable every evil the act ordinarily of bent wounding a heart upon shall it has spirit, indications malice time without that and implied malignant that previous. unlawful or and fatally It not as are necessary the sense. law is and as includes done in is depraved particular It act Malice a wicked, of It a technical but cruel such malice may be inferred and by it with carri~s chief. It exuuse. that implied. and general; attended in and revenge, deliberate provocation jury used or motive. any design is express anger, the mis- have may first or injury, existed come ��Commonwealth v. Lacy M. Halterman INSTRUCTION The Court from the doubt, instructs evidence that the in this figure, jury disable should wounding, believe the intent, the evidence maliciously, disfigure, disable or kill, in the tells indictment, the jury and unlawful absence guilty in which that the wounding of malice. depends the then the if the jury was done un- intent jury wounding, connection difference Bishop, but act with of unlawful un- of malicious indictment; then and to maim, dis- guilty the shot and there, Clyde that but not defendant you believe a reasonable then said in the lawfully, the beyond defendant as charged from the if and maliciously or kill find that Lacy M. Halterman, with feloniously jury case, defendant, wounded Clyde Bishop lawfully, the the between to maim, should find as charged Court further' malicious upon the presence or �j �Commonwealth v. Lacy M. Halterman INSTRUCTION The Court dangerous intent weapon, evidence cursed that that the jury object another him, then the defendant was assaulted but-might, repelling protection, he was not compelled in his turn, force necessary to retreat reasonably even to the taking that manner toward to repel to use all said from the said Bishop, -and use such necessary of the life from the he angrily and had a right become the assailant, as appeared calculated and if you believe in a threatening as to him seemed reasonably with the under circumstances is an assault, and acted the use of any manner, Bishop had in his hand a knife, the defendant assault; that in any angry or threatening to alarm or strike to affect force instructs for his own of the assailant. ��Commonwealth v. Lacy M. Halterman INSTRUCTION The Court J from the with serious instructs evidence that bodily reasonable grounds be into carried himself for his Bishop harm to and believe execution, case no inference mere fact the accused jury that that the had threats would right self-protection, of malice can be drawn pistol Halterman Halterman such the you believe Lacy Lacy he had had if threatened that own necessary such possession. the 0- A in his to arm and from immediate in the ��Commonwealth v. Lacy 1,i. Halterman INSTRUCTION The Court may believe attempted further from the to attack believe doubt that ing to flee then instructs Bishop malicious No. 5. jury evidence the from the find or unlawful that that accused accused wounding a knife, beyond you if you a reasonable such attempt when he was shot the although Clyde Bishop with evidence had abandoned or escape you should the _2._ and was try- by Halterman guilty as defined of either in instruction ��,...> Commonwealth v. Lacy M. Halterman -.f1-If INSTRUCTION The Court instructs danger, the jury that in passing upon the if any, to which Lacy Halterman was exposed at the time of the shooting, you will and as to whether Bishopl'B.d abandoned his attack, consider the circumstances accused and draw such conclusions reasonably have drawn, situated the Court instructs judged by facts and circumstances appeared to the from those circumstances as he could as he was at the time; in other words, you that Halterman is entitled and not by any intention of Bishop. as they reasonably if any, to be tried as they reasonably that may or may not.have and appeared to him existed in the mind �0 T f 0 l, L L T J (, J l, (, ~ .) • .JO l. (, C u.J r C C v C �Commonwealth v. Lacy M. Halterman .if) INSTRUCTION The Court establish self the accused, grounds defense, instructs it must appear Lacy Halterman, to believe, the jury believed, that in order from the evidence that and had reasonable at the time of the wounding, in imminent danger of death or serious to bodily that harm. he was �I I I �Commonwealth v. Lacy M. Halterman INSTRUCTION The Court instructs of witnesses is and the have jury appearance of testimony, their apparent the relationship the interest any witnesses the the determine on the trial, of credit of any testimony, witness all to in the other determine and what and to give for the the their and of manner of fairness, intelligence, the parties, result of surrounding the jury; consistency which is credibility from candor lack the stand, and or witness and from more worthy such to apparent of on the that reasonableness intelligence of jury exclusively right their appear, appearing the the their if a question the of testifying, the // if the trial, circumstances witnesses relative credit any, are weight accordingly. ��- f " - Commonwealth v. Lacy M. Halterman INSTRUCTION / The Court indictment may find in this instructs case, the jury if warranted one of the four following ~ that under the by the evidence, verdicts, l} Malicious 2) Unlawful wounding or injury; 3) Assault 4) Not guilty. to-wit: wounding or injury; and battery; you �- ----~ _:) - �~ (.) ~,f;{/q_g,, ----~~ / ~ ( ,/0~-,U__ I .... �-- -- ------ �COMMONWEALTH EXHIBIT • Case ~o.Gt}M, V, #lfl,r£R/>'11,,# J{._ _ ~JJJ%L ATTEST:.. C. OVERTON LEE, Court Reporter /(,,, . _/ . ..... ..... .. JUDGE ��STATEMENT My name is Lacy M. Halterman. Virginia. I am 33 years of age. My address is Fulks Run, I have been told that I need not make this statement unless I desire to do so; that everything I say must be of my own free will, and that anything I say can be and will be used against me in a criminal prosecution. I have also been told that I am entitled to counsel. Nevertheless, I do make the following statement voluntarily this 10th day of March, 1954, in the office of the Commonwealthts Attorney, Court House, Harrisonburg, Virginia in the presence of Deputy Warren Spitzer. The Bishops came to my place around the 22nd of November, 1953. There was Wilbert, and Clyde, Clydets wife and daughter, Bernic~,_age 10. They said they came from Pennsylvania. I needed somebody to cut some timber but told them I had no place for them to stay except the feed house. They looked it over and said it would do until they could get something better. I bought them mattresses, etc. at a total cost of around $100.00. They worked a few days and kept asking for money, money, money. I gave them some money from time to time until I got to the place where I figured I had given them more than I owed them. The agreement was that they were to get paid something from time to time until the timber was all cut and then we would make fina1/-;;, settlement. µ After the 9th of January, 1954, I had paid Wilbert $15r.oo and he went away. Clyde stayed on with his family. I had a goo idea as to how much timber had been cut and after Wilbert went away I figured something was wrong. Clyde asked me for money and I told him that I had paid him about all that I owed him. He got mad and pouted around for a day or two and then he was alright again. ~~ -;:,Jm}} One day I told him that I was going to e awayf':.nd for him to spread the manure from the chickm ous worked there for awhile and went on out to some UOXllOe(t'. He cranked up the tractor and in doing so he gbt hit on the head with the crank. I heard about it at the store when I got back. That evening he came up and wanted me to take him to the doctor. I said "All right, Clyde, if you got hurt in the chicken house, I wi 11 do it. 11 {!-.file got mad again; this was on a Saturday or Sunday. ( about two days afterwards )---n.MJJ. Late:rj.,•he came back and said he thought he was getting blood poisoning.. I took him to the doctor this time and the doctor said it was just sawdust causing it and that it wouldntt be necessary to bring him back. O -:~and pay the you., pay the bill, bill. I will otherwise ,1. • '---7 i"'·"' take you .11Poi½,)h~ to the doctor and f-V {~ i �'- r " J J 0 " ·'- ,; Jc, " G C (_ " ( l .J .J _._ J•r :..J - ~ ' ~ " . .L j L J -;\ " • 1 j �Statement--Lacy March 10, 1954 Page Two M. Halterman That was the last argument we had until the 4th of March. I wanted to go up to Batterman's where they were showing some farm movies and had to get some things in Harrisonburg anyway and told Clyde he could go along or stay and cut timber. He said well, he thought he would ride along. I had to go to Stickleyts I remember. We both went down town and when I got back he was in the truck waiting for me. We went on to Battermants. I remembered after I had been there awhile that my wife had tola me to ~.ring some feed so I got on up and went out; I couldn't find Clyde and since he had run off like that once before I went on without him. I stopped later at the store where I usually deal and then he came in, just a-rearing. He said "I will fix you, you knew I wanted to come back with you, you ran off on purpose." He 11 kept calling me names after- that for a couple of days; liar 11 and names like of that. I got tired of it and told him he was fired and would have to leave. He said we will have to make final settlement. -::,-1' /J ~'"after looking for him twice.~ &f'tJfr I came up to Lawyer Wharton and we fixed up the stttlement. He didn't like the settlement and I got papers to serve on him to move and not to trespass. He scared me--aaid "I will get you" "I will show you something you have never seen. 11 This was before tf/,n)lthe papers were served. -;:;-Jj,,,}f ~ 1 ..tA..\she,....in- raw' s (]l" ~------....._ w~fe was afraid and~~ went up to my mother,i place in ~, s u , on March 8, 1954. I knew the chickens had to be fed and Tuesday evening (March 9, 1954), my bDother-in-law, , Burlin Dove and my little boy, Carl Lee, went down to feed the chickens. I told my brother-in-law to keep his mouth shut if Clyde stRrted anything. /ml: I started into the building where the Bishops were staying and went in there like I always did. Clyde said "the sheriff was here." I told Clyde I didn't want any trouble, that I was going to feed the chickens and go awayo In the presence of my brotherin-law he said "I am going to fix you. 11 11You didn't pay me enougho I said that I was satisfied with the settlement. He said "the first time I catch you off your place I am going to fix you." We went on then and fed and got in the truck to leave. Moyers I thought about my neighbor, Raymond MNFFix, and that I ought to tell him to be careful. I went across 259, parked the truck and went in to Moyers•. When we had left my house, Clyde was in his compartment. I told Raymond about the trouble and 11 �J . C (_, '1 \... 0 J () r ..: �Statement--Lacy March 10, 1954 Page Three M. Halterman warned him. My boother-in-law and my boy were in the truck. Then I saw Clyde coming and told Raymond I had better go--that I didn't want any trouble. I started to the truck which was out in the road. I was right outside Moyerts house in the lane and Clyde caught me. He said "you dirty son-of-a-bitch. I caught you off your place. I will fix you." Then he made for me. When he got about a foot or a foot and a half from me I saw that he had a knife. I jumped back when I saw it and grabbed my pistol out of the holster and shot at him--how many times I dontt know. When I saw he couldn't hurt me any more I stopped shooting. When I shot the best I know he was still coming towards me. I was very excited and donit remember too nruch. After I shot he turned and blundered a couple of steps before he fell. I looked at the knife which he still had in his hand. I said "you were going to get me with my own knife." I recognized it as one of mine which had been missing for some timec When I said that he threw it away from him. I made sure nobody touched it after that until the sheriff came. I had gotten my pistol when I was at the house just before we left for Moyer's. It had nine cartridges in it. I always kept it loaded. It was in a holster which I put around my waist. I also put several loose cartridges in a bag in my pocket. I had gotten a mandolin also to take with me back to my mother's place. The shooting took place about dusk. It wasn't too dark-it was light enough for me to see the knife he had when he got close to me. After I shot him the only thing I heard him say was "I am dying." knife. thing. are I did it because I was afraid. I am deathly afraid of a I thought he would get me and I have a family and everyI have read the true and correct above statement and the facts to the best of my knowledge. 41n,~ WITNESS: stated therein �1'\ �.DEFENDANTE~HIBIT,.;-~~ Case N o .. L'(.(_ 'o/JM... ~ . ".#/IL E l/11111 14fIP l7J~?~. ATTEST:. .... ...... ......... ..... C. OVERTON LEE, Court Reporter . ··················•······· JUDGE ��TO CLYDE A. BISHOP and ELLA BISHOP: You and each of you are hereby be prosecuted my-dwelling for trespassing if you come within house. Dated: March notified 9, 1954. that you will fifty (50) feet of �= A.t. STRAViDERMAN SHE.Jf OCKINGHAM CO •t-7Y �Com~ Form <,;Q-2M B Books-11-50 RECEIPT FOR FEES 4247" COLLECTED Coimty of----------~------ $ Received of------------------------------ '------For ----------------------- ORIGINAL-TO DOLLARS On.___________ Type of Service or Process Date of Service PA YEE I Deputy-Sheri 19__ ff-Sergeant ��OEFENDANTEXHIBIT ~'/= 'case No.&J/1., l(,j/;l-tc,e#l'/-J'J/ C. OVERTON ;/5.N. _;:'.J\!:11 1~5~ • d~ .................. ATTEST: ...... LEE, Court Reporter JUDGE ��The Commonwealth of Virginia, County of Rockingham, to-wit: To the Sheriff of Said County, Greeting: In the name of the Commonwealth of Virginia, you are hereby commanded Clyde A. Bish_o~ ______________ the County of Rockingham, _____ Harrisonburg, at _,,M~a .... r.....,c"'h..,,_ ______ to summo1,___________ _ to appear before the Trial Ju tice Court for Virginia , on the ------=1=5'----'t..._h"'---____ <lay of , 19_5A_, to answer the complaint of _______________ _ Lacy M. Halterman that t}1e-said defendant is in possession and unlawfully That certain in the Brock's tenant house Gap section withholds on the property of Rockingham from the said plaintiff certain premises, to-wit:_ of Lacy M. Halterman, County, Virginia, situate on the east side af Baute #259 which said possession has not been so withheld for a period of more than three years next preceding of this summons. And have then and there this writ. Given under my hand this,___ ___,9"-t .... h...__ __ day of____ ~M~a~r~c-b~-------, 19~. the suing out �-<./4."" THE COUNTY Ot ROCKINGHAM BY D'ELTVF.RTNA- fl TRUE ..-· Sfl·r:-:nn:F ·-· QC ~ LL. :) --l •w f0 < z w ROCK!f~Glt;..i~i CGt:;f;y Cf) z 0 ~z< ~-2 :) ~ -v-' 'au -( \ ~ ,,, f~ �ST ATE OF VIRGINIA, COUNTY OF ROCKINGHAM.., to-wit: The undersigned that Clyde A. Bishop the following of Rockingham this, is unlawfully described on the property Lacy M. Halterman, and wrongfully premises, to-wit: of the undersigned, Countr, Virginia, on his oath ·says detaining That certain situate from him tenant in the Brock's house Gap section on the east side of Route #259; for to-wit: The undersigned use said premises as a tena:nt at will, ployed by the undersigned; employed notified the said Clyde A. Bishop without rent, so employed, to leave the premises, and that notwithstanding and the further he continues to while he was em- that the said Clyde A. Bishop by the undersigned; he is no longer allowed is no longer the fact that fact that he has been to remain in possession of the same. Given under my hand this 9th day of March, ~112 Subscribed March, and sworn to before ~ me this 9th day of 1954. ·~ary 1954. u ��COMMONWEALTH vb....._, r __,,_/h__c_..___..,,.....,._l/...._..;..__'-'-------'-'==--..:==- DESCRIPTION OF PRISONER Height Y ,- Marks _____________ Age ~3 ~ 1~ Eyes Hair-~~--- _ Occupation Resul~----------------------------------- -::J.o, ~k, __...,...,-,-- Weight / 1/ 0 ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ________ C.l;y:d_e__A.,___.Bi.sho_p_, ____ l'1,'r._~_ ..___ QJyg_~-------- -----------A. ___ Bishop, ____ Deputy _____________ Raymond ___ Moyers L. Warren ___ A. ___ Spit_zer, ____ Officer and __Berlin __ Dove--------------------------------------------------------------- to appear before th /fj'('/,e of the Circuit Court of Rockingham House thereof, 9 at 1b0 ___ Joseph, -------· County, at the Court o'clock, a. m., on the ___ l7_ _____ day of.._.~~P~-~------------------------, 19__ 54 to testify and the truth to say in behalf of the Commonwealth against ------------------------·-·--. _________________________________________________ LACY_ M. __HALTEID1AN ------------------------------------------------------- who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, • ~ And have then and there this Writ. ~l'.l'.lOKJ~rlll!~©i'.X0'-lkJ~--IM;:,~~~• at the Court House, the ___ l1--th __day of -·_S.~:g:t;_§_t}L___________ "'--~--,~~~~~ of the Commonwealth. -----------' ~ THB SH.VICE Puss. HAUISONBURG. l'A. �B~il~2Q !8 WVHDNIX008 -io X.lNflGD :m;i;~;b,¾ (raJ;.QD:fi':i �In the Nawe of the Commonwealth of Virginia: , _ To the Sheriff . o treliereby d of~ Haray C t voun y, County, W V • Greeting: a. commanded to summon ___________ .M.ar.i_on __.SQ:U_OJ~_:r. __J~D9..J~9J?J~Il~9----·-···· ;_·----····-···--··--·•______ Ca ldwe . . 11 _(Mathias ) ··-·------·----··---··-·-------------------------------------------------------_ Jo appepr : fore the Jt!~~ of the Circuit Court of Rockingham County, at the Court HOl• t.l;i.er.tof,sit~ clock, a. m., on the ____ _l7_____ day of.. ______ §~_p_t._, _____ .______________ , 192!±: ~ ti(_yand the truth to say in behalf of the Commonwealth against ----------·------------------_ ·-----------·-----------LaCY __M.___ HALTERMAN _______________________________________________ _ ....,. ~ . , -·--··· ho.st3l1ds cha goo with and indicted for a felony ~' ~ / ~ this you· hall not omit under penalty. And have then and there this Writ. Witness, J~~. tb. __._day of ______ S.e_p_t._. ___________________ , 19 __ _5-_4_, and in t ~' THB SEll'YICE PUSS, ~ HA I.JSONBUac, ~--~~~~-~~-1~6~~~~~:::-:-:::~ YA. " at the Court House, the e Commonwealth. ne ' �Commonwealth ~ v. ) Witness Subpoena Lacy M. Halterman To Sept. 17, 1954 at 9:00 a.m . • �7 ') In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You _are_:e~~y ~:.m~t;~ County, Greeting: Raymond Moyers, Clyde Bishop, ! Bi~i;~----or"ric-er ___ JoEieph~~-]forlin--Do-ve~--------0 ________________ and ___ Deput.y_:.w_a;r_r_~p. ____ ~J~-~-~f _____________________________________________ _ to appear before th /5~e of the Circuit Court of Rockingham County, at the Court House thereof, at 1lOXOO o'clock, a. m., on the __J,_~thday of.._·---~~~-~~------------------, 195._4_, 9 to testify and the truth to say in behalf of the Commonwealth against ------------------------·----_ LACY HALTERMAN who stands charged with and indicted for a felony ~ And this you shall not omit under pena1ty. And have then and there this Writ. Witness, .kjB:()ffl~rutWUZ'Sl~{®Kilt~~ffi~~~~~, .31.~t.__ day of ___ J~J:y _____ ".__________________ , 19.54-_, an • THB SU.Vic.£ PllESS, HAl.kJSONBUI.G, VA. at the Court House, the ~~niOl e Commonwealth. �THE A TRUE COUNTY Ot 8 ROCKINGHJlM COUN. .._ SHEfUFF A.L STR _ _ ROCKINGHAM BY DELIVCt\.Dru A TR1.L THE COUN'lY 0.t: R08KINGHAM BY DELI l!i~CtJ'l!E~,...a_;zrN TO~~l4~ co lXECUTE~~IN THE COUNTY 01 ROCKINGHA6RY. DELIVERZ!SroA TRUE r- ta .OQ ~ a' '° I-' I-' 0) • s.i::- •n, Vl. 0 •• '° 0 .. CT CT i:r, 1-3 0 t/'.l v !;:I;) 0 1-tJ O 8 0 ~ t,tJ 5::1 ~ J-' CT CD Ill :J:l ~ . <:.., 0 1-3 g ~ >"J() .~ ~ i:r, :::1 CD 0 to o' lf r.o Cl> ta :::1 CT 0- ct- I-' Cl> ..,. ~n, ~ ......., ~ a:-:i 1-3 :i> ~ Ci)~ H ~t:"4 ~ 1-<l tp ::s ~ t:11~ ::r:J 1-3 ;i:,, -~ ~Ci) ,\1-<j ~ c::1 Z 1-3 ~ ~ H~ �In the Name of the Cofl?.monwealth of Virginia: To the Sheriff of Rockingham County, Greeting: t~~ ~.~r::i~h~~l~: ..~~.d~;c~;~~~~.~~ .~~~.~~: ..:~ ..~~.~ 1~~!~~~.~ :o:~~~~:r:::~r:t~~~o::{, to testify and the truth to say in behalf of the Commonwealth t --------------------------------------------······---------------------------- against ..................... :........ . ------------------------------------------··········--------------------------- who stands charged with and indicted for a felony And this you shall not omit under penalty. And have then and there this Writ. Witness, J. ROBERT :wJTZER,..cietltor ;u • srud Coxirt, at the Court House, the l.............. . day of ..........'!'........................... , 19........, a r f the Commonwealth. THE SEaVICE PRESS, HAI..I.ISONBUI.G, 'YA. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon _____________ 9_.p. ________ 9_y_9;r.~.J ______ Jy:_;~---~l _____ 9_p_,_____ _ _____________________________ and ___ •.t.rs • ___ Clyde ----------------------------- n.d __ __Bishop. _____ fflc __r __Joseph, ___ Ber 11n __~ye, De.put.y___ ~•'.Srr.n ___ p.i.tz.er. ____________________________________ _ to appear before t~ looge of the Circuit Court of Rockingham County, at the Court House thereof, at~ o'clock, a. m., on the ___ l._8tJ1day oL _______ A__ ~1; ________________ , 1~- __, to testify and the truth to say in behalf of the Commonwealth against --------------------------··-_ ----------------·--------------------------------------A _______ .Hi\1';1;_ ,·----~-~------------------------------------------------------------------who stands charged with and indicted for a felony ~ffltt:Eigr. And this you shall not omit under penalty. And have then and there this Writ. Witness, ~ ,. IZ:;sa;ia,~U, the Court House, the __J.lst_day of _______ Jucy ____________________ , 195. ~,t........,rtt he Commonwealth. THK SEa.VICE PllESS, HAllJ.ISONBUllG 1 YA. ��~=================================== In the Name of the Commonwealth of Virgi~ai. Cit of Charlotte To the~~. Greetingvf You are hereby commanded to summon ......... Dr ......W-1.J..lis..m..I. •...Si.lv.er.nai..l to appear before House thereof, at to testify and the _ lle ............ the,.J11d.!!eof the Circuit Court of Rockingham County, at the Court le: VO' noon S i:' ttuOO o'clock,~-, on the ....1.7-.....day of.. ......~p.t .•....................... , 19.::,..4 , truth to say in behalf of the Commonwealth against .............................. . ................................................... LAC.Y ...M•..JI.ALTER1'1.AN" .............................................................. . who stands charged with and indicted for a felony 1x.i:Glem:ooxmx And this you shall not omit under penalty. And have then and there this Writ. Witness, ~llID~ltm:DW~~:wc.mu.t:;!Otroxt, .4.t.h .....day of ..... ~.~P.t.~mP..(;}.1:.' ......... , 19.5.4 .., an TH& SEI.YJCE PllESS, HAlllSONBUllG, 1'A. • th .J at the Court House, the ye r of the Commonwealth. �Commonwealth v. ) Witness Subpoena Lac~ M. Halterman To Sept. 17, 1954 at 12:00 o'clock noon -s .... ... g i~ l -~ 3 ~ ... i' -· s» ~ ::3"..... 0 ::I ~ <.£1 er<: ~ e> ~ '< �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ....C.ur.t.i.S. .Llo,Yd...Dov:.e., ...F.uJ.k.!..s...Run,,....V..a ....,...and .......... B..~.Y.~P: ..M9.Y~. ~ ~.1 .. .¥.P.+.~ .~.1?....:R..@.,.....'v.c3,.~.,.............................................................................. . . . . . . ...... ...................................... ...................................... . . . . . . . . .. . . . ~ ........................................................................ . to appear before the J1tdge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on thil7t.hday say in behalf of the Defendant of.....S.~p.t.~mb.e.r., ............. 1954 .. to testify and the truth to in the prosecution of the Commonwealth against........................................ ............................................. 1A9.X. ...~.~ ....M=1Z!~~RM4-W. .......................................................................... . who stands charged with and indicted for a felony~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .....l.6..t.h ....... d,y of September, 1,.54, ,md in th, l7Jt1tr'.J:::.:J:~ ~ �Not finding(__,.~~, -1,<< 7 ,-lace of abode, Executed i »~ et., V "◄ OR'Vk"::'S-:::::::a:t 7 1~4~•-····-··a• 12. usual place of abtf'de:#'~U.. his family above t ....~.<L~ hies ueua, j .................. , being a member of rf>r .,., h<"r. .. " ' ~ NOt rinding ;(J~4q ~ff:;:a« F/ < ,sc , 1 y= true copy of tws c,r;,c r. ptp< /",(,.AC d'S-c::: E,,< &e.,< d ,...... ...., _ -at ·hl-8 ~, by deliverl_ng h~r. a ~-t- _ in person, at saicy2>~~..L#-.~~ usual place of ab~~C"···~L~ ......... , being his family above the age of 16 year~n4explainiP1i2,th~urp~rt ~I") ..... _/4M a member of th~r.Li., �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......GJ.Y..q.~ ..J.ti.sho.p....an.d... ep.ut.y ... ar.;r.en,............. .................. sm.:;i.·t.... z.e.r. ................................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ....././ ...........day of ..... ~············································ 19:Z.~ to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . ··················································Y..~ ....~~9.~.Jl/~:~~·~·~··········································································· who stands charged with a felony ~.!A.!JP.J:: And this you shall not omit under penalty of £100. Witness, ~X11.oc!Kmc~f~~ And have then and there this Writ. at the Court Hottse, the ...._5.th ........... day of. ...... ay .................... 19..5,~,,and in the .......J7.f? ······..c~~~~~ THE SERVICE PRESS, HAR.RISONBUkG, VA. �Commonwealth v.) Grand Jury Summons Lacy Halterman /4 To May 11, .e:xEOUTEDS°JOrIN THE C8UNTY Ol' 1954 at 9:30 a.m. ROCKINGHAM BY DELT1NG A TRUE COPYOF THEWITHIN ~-: a ce,• 9 ~ t-P~~lrz< A. L.STRA~vOERMA' SPERffF ROCKl~JGHAM COUNTY filffiCUTED~:;1 TN THE COUNTYOr ROCKINGHAM BY DELIVER GA TRUE �In the Name of the Commonwealth of Virginia: xAU~rude To the::SW~~. Greeting: You are hereby commanded to summon ............Pr.~ ..... .Q~g~.-.~.;·~·~·~·~Pl§mS.fiffi..~g.~.~ ....~.~.~.~.!~ : !Y3e8" [~n~~i~sity:t;~/4¼.; to ap ear efore the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 9 ~'clock, K1iclo a. m., on the .........§.t.h................ day of.. .................... .JY:J.Y ............................................ 1954., to testify and the truth to say in behalf of the Commonwealth against ......................................................... . LACY M. HALTER1"1AN who stands charged with and indicted for a felony ~IMaKOO¾. And this you shall not omit under penalty. And have then and there this Writ. Witness, }tRlOBEfilf~~tfil1COO~llt, day of.. ............ Ju.n.e .................... , 19.5.Lt,.., and in the 17...9.t THI! 1 ■ 1.'YIU Pl.EU• HAa.a.UONaU&G, ••• at the Court House, the .......?.2:t..h �,,ut-100,~,&.: ~ e~~ r~r.~ ofabode wttnin theGltyofGharlottt'lVille, Va,,nor,!f1:t.memb1r tof. · • wholR prtUSS!Right!!,gaily be .. rvod,:nlh• withi - - - onthe ~ay ofA" ! _ J the 1 cz:;. , /. -,r;f ~~~ Str(&i me.. v, - 7/'rP~~ •m•a oo:6 q.a ~561 '8 £1nr o~ uam~eq.1aH ·w £oa~ aueodqns sseu+1A ( . "A -qq.1 ae.M.UOUlUlO:) " �In the Name of the Commonwealth of Virginia: To the S.hei:.ifLof Rgck-ingl:µm You are hereby commanded to summon ........ Pr.! ...Y.?:-J.P ..§.1'!?...!.! ........................................................................................ /-6-3 ;/,... .. .... County, Greeting: ~~}.Y..!:?.~.~.! ............ . .................. ················ to appear before t 1e dge of the Circuit Court of Rockingham County, at the Court House thereof, at ~00 o'clock, a. m., on the ...~.th...day oL .....~~l-.Y....................... , 19.. to testify and the truth to say in behalf of the Comm011wealth against .............................. . :?.~~ ....................................................... LACY. HALTERI:1AN ................................................................ . who stands charged with and indicted for a felony misrumtmDlilr. And this you shall not omit under penalty. And have then and there this Writ. Witness, J\JROB®Bffi..SlX!llx.zERx~ of ....... J.~JY. ................... , THB SEI.VICE PUSS, •• rn.5.J ..., a Jft!¢L...day HAU.ISONBUtlG, YA. -............. the Court House, the f the Com Ith. �... > ,~- l:l :-' C. > • f."1 ~ •; ~::., w 0 Commonwealth v. ) Witness Subpoena Lacy Halterman __T.o •July 8, 1954 at 9:00 a.m. 1- '3 (J : :}/ -:. .. ... ,., 0 J • .. 0 E 0 "- .E �In the Name of the Common wealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........CJy9.~..... A~..... J.3t§l.19..P.,...J~.!3..~......9.J.Y.~..~....A.~.......... .................................... Bi.shopL ..DeputY ..r .. arren ...sp.it.zer, .....orr.ic.er ....Jos.eph, ............ . -Raymond Boyers and Berlin Dove to appear 8 fore the Judge of the Circuit Court at 1~:o'clock, of Rockingham County,at the Court House thereof, a. m., on the ............ 8.t.h.............. day of ...................... '.!.:t:LJ.Y ............................................... 19..?..L.J., to testify and the truth to say in behalf of the Commonwealth against .......................................................... . ............ ........................................... LACY...h .-...HALT ...,RI1AN.................................................................................. . who stands charged with and indicted for a felony rotsdlfm:~t And this you shall not omit under penalty. And have then and there this Writ. Witness, JdU)B~~"'!~~it, day of.. ............ ~1?.E:~.................... , 19.....-?.~l:, and in the 17...~t.P. TH& l&&TIC& P&l!SS, HAI.I.UONIUt.C, TA. at the Court House, the ...?..9..t.h. ... �o!:ll~ oo@ Commonwealtg ) vfitness v. Subpoena Lac,y h. Hal8terr~54 To July ' at 9:00 a.m. OJ; --· .,, • .L H .tlO ..X.dOJ iBNDIJOH ';° rr r · g~v ,-,,:i--- V BN u..:..AI~2G --....L ·:-~,• G!3:Xil8~X!i1 ,., i J.~JQO'.J!3:H.J,_N ~C---/½ ·. ,, . -~~:--- •• r 4~ "" �Jj r , ��Commonwealth of Virginia, Rockingham County, To-wit: +.-5.if! ....... day BE IT REMEMBERED, that on the ......... ~.QY ...H.~J.t.~~·~···········································,principal of...........M~.f.~.fl:................................................, 19....5.:".l; Raymond Sager and Vivian Sager, and ..P.:\.J..~P.@.00. ...@.CJ ...~~.i.f.e ..,..... ru10....D.e.W.~Y. ..D.., ....Moyers their surety, who justified to lm sufficiency, came before me, .......Har.r.y...El~.t.:t .............................................................. . Bail ...CQmmis.si.9.n~.r. ............................. A..........................................................., of (J. P. or Bail and acknowledged the said county of Rockingham, Commissioner) themselves to be indebted to the Commonwealth of Virginia each in the sum of.................. f.JY.~ ....'fh._q.~.e.~P:4....--::.--::.--:: -:~'.':".P.9./J.QQ:-:-.'.".'.'.':"."."'.'.~"."'.' .......................................................Dollars, to be levied of their respective goods and chattels, lands and tenements, ( $....5.3 .0.QQ.,. 00.......), for the use of the Commonwealth of Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition : That if the said .......~~~.Y. ...~§:.:;J;.~~.~~ .......................................................shall personally appear before the ~T: J . , C of Rockingham County, at the Courthouse na 1 ustice s ou rt of said County, ~xx.xxx.xxxxx:t'JQ:xocxl:Je]ooO<beio.)PCIXOCX:XXX~of on the .......2~:th ............ day ........ Apr.i.l. ............. .................. , at at2such :00 otT1er P. time M. or tunes . . · b · d f 4 , artd 19...... to which the proceedings may e continue or urther heard, and before 5. any court or judge hereafter having or holding any proceedings in connection with the said charge, and then and there answer the Commonwealth of Virginia concerning ~;t.t:q...JP.-.t~n:t. ...tP....t.:rJ.,Je .............. whereof a certain ...c.b.a~ge. ......Qf ...f.e.l.9.nJQP.-.S ....9.S.$.aUl t the said ........ L.a.C.Y ...~lt~~.~ ........................................... stands charged, and be bound under said recognizance until the charge is finally disposed of or until it is declared void by order of a competent court, then the above recognizance shall be null and void ; otherwise to remain in full force and effect., and upon the f'urther condition of good behavior and keep the i;:eace until IN ·w1TNESS WHEREOF, I hereunto affix my signature that said Lacy Halterman shall said charge is finally disposed this ..........1.5.th................... day of.. .................................. ..Mar.~.b. ....................... , 19............. COl1MISSlONER) be of'. �14-{,JJ,--,4. COMMONWEALTH V• 1 0) Fel {FA) LACY HALTERIVIAN Bail Bond $5,000.00 To: April 29, 1954, Trial Justice HB, BC 2 PM Court �Comp. Fo1m 18 l ST ATE OF VIRGINIA ~OF HARRISONBURG No. _____ To-Wit, _ CITY TO ANY SHERIFF OR POLICE OFFICER: Warren Whereas, Spitzer, Deputy Sheriff of Rockingham County James W. Lineweaver has this day made complaint and information on oath before me, (Name) Justice of the Peace of the said~. thac_ _____________ Rockingham (Title) LA.CY .M. HA.LTERMAN did on the-9..t-h~ __ day ot __ make an assault Bishop on one Clyde unlawfully, and wound with pistol, ~M ..... a...,rwc ....h,._.._ _______ with _ Bishop feloniously, a deadly intent there to maim, disfigure, peace and dignity the said disable, of the in the~ County 19-$4--: Unlawfully antJ feloniously and him, the and maliciously weapon, him, ______ _ to-wit; Clyde said did Clyde shoot a .22 caliber ·--------- Bishop, and kill, then and against the Commonwealth. These are, therefore. to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon as witnesses. Given under my hand and seal, this color _____ Address ________ _ color Address--------------- □ color Address _________ color Address color Address _______ ----□ _ □ ----□ _ ----□ �STATE OF VIRGIXIA-COUNTY to-wit: OF I. a Trial Justice Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that as his suret _____ and ---------------------------, to the Commonwealth ($,________ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the said ______________ _ lands, and tenements to the use of the Commonwealth ;o Circuit Court shall appear before the Trial Justice ----, County, on the ________ day of ______________ , 19___ , of------------------=-----at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continut<l o, further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to an,wer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that shall keep the peace and be of good behavior the said from the date her~of. Given under my hand, this ________ day of _________________ , 19___ for a period of _________ da,·s _ T.J., J.P. -~ - -- ;. ,,, (i 0 ;'! "Ij s· ,,, ~ "' ,,, "'--::,,,, ,,, ~ ~ ~ e cJ ~ "Ij ""3 s. e:. s· ,,, >-:l ~ 3 3 0 ::s "' £, ► :> >-:l 0 z ~ ~ >-:l 0 9 0 z "Ij ::.:1 ::0 t71 (J) >-:l ~ :El l%j ~ > t"' >-:l ::i: n .,::,., l)q _,,, ..... ,,., 3¥.:? ::t, ~ (J) r: 3 a0 ~ ;,,, "' "' '-< ~ ,,, ,,, "Ij ., > .... .... ::s ,,, ::s ~ ., to0., ; ., > .... ,,, ::s n,,, "' 0., ,,, "' ::s ,,, "' (i ;. ., ;,,;- ts:: :> ., ., ;:;., ,,, OQ ,,, "'.... to s >-:l ... ~ ~ ., .,., ., £, ., ::: 0. ,,, .., '< ~ ~ ~ r.., 'O £, ~ '< Q. < :;· 0 ., s· '!9. ::, 'O 'O - .,.... O' §," ., "::s Q. < :;· OQ "., ., .;· ".., 0 ,,, ;. ,,, £, 0.. 0 ~ .;· ~ 0 rn ..:i ' t.,\ a '"' ~ 6' ........... C) ~ C), ~ J ::s ~-~· ,,, ~; ;. " ,,, "' ,,, "' (i 0 i:: l 'D ~ i:: ;:: "'i:: ~ "'3 .... -n~. s· ...... aq 0 rn >-:l ;;' >-:l £. ., 0 '< ~ ~ l%j (') ::s e:. ~,,, ::s s· aq (i e:. 0 ;. ;'! z (') ::.:1 ::.:1 ;. ~ (i 0 >- >C ., 3 s· ~ o· ::s ~ ~ \.,l \>' •- "' ~ t:, 0 ~ ;. ,,, \ ~ !" n 'O no ~ ::s ,t) ' < ., C: "' ., ~,,, ., .... 0...., " ., ,,, (i 0 i:: ::s g n 0 l)q ::s ;.· ,,, 0.. �Co1IDJ1onweal th v. Lacy M. Halterman The Court instructs the jury that weapon, in any angry or threatnning alarm or strike that object the use of any dangerous manner, with the intent another under circumstances is an assault, and if you believe calculated to affect from the evidence that Bishop had in his hand a knife, that he angrily defendant and acted in a threatening manner toward him, then the defendant was assaulted him seaned reasonably and had a right necessary to repel cursed the to use all force as to said assault; C?u ht he was not ~r,, compelled to retreat from the said Bishop, but might, in hi reasonably for his own protection• he life ,.. to necessary of the --a-s-s-ai~ ,' t.um, --.,e:ven t;o the-- ta-king- 1 .. ,✓ �t �A. L. STRAWDERMAN SHERIFF ROCKINGHAM HARRISONBURG, COUNTY VA. �/ �/ Docket No. rlt r . COMMONWEAL TH of VIRGINIA = t~ ) vs. ) Felony ( fa) ) f LACYM. HALTERMAN R. M. Weaver & W.W. Wharton Own (X ) Appointed ( ) p. d. ���TRIAL JUSTICE COURT Criminal Docket N<! 14628 A Com'th V. ~ W / Appearance Date Trial Date -- -- ~ Cf- - J - // - ~-'f .2..'f - This case taken - Y di.rec1t-w- Circuit Court after a plea of not guilty in T. J. ct. 4-29-54. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lacy M Halterman Subject The topic of the resource Felony Assault Description An account of the resource Defendant charged with felony assault Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1954 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_010 Halterman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_009_commonwealth-v-larry-milton-dofflemyer.pdf ad4898cd0d08a452257226076b668363 PDF Text Text July 27, 1954. Commonwealth On an indictment vs. Larry Milton for a felony (seduction) Dofflemyer This da~ ca.me the attorn€v for tpe 9ommonwealto, Fnd the pursuant to his recogni32nce and L ry Miltqn Dofflemyer, C2J.j_e/by his attorneys, W. W. I Wh rto:n 'a.ne M. W. Fuller This day came the c1ttorne· in the trial of this and the accused nizance Thereupon, case by Chcrles Larry and by his for Milton attorneys,"W. the attorne.,r for assisted A. Hemmer Dofflemyer, ::0.v✓.1::~ I< tr1 the commonwealth, caL1e pursu2nt to his recog- /1/, W. Wh2.rton 2nd M. W. Fuller. the commonwerl th moved the court to xxar 2.mend the indictment herein b deleting the ~b:mcll!:f~REfilrn'ords therein, namely, "about the hour of 9:00 o'clock", and also the word "unconditionally" over the objection of xmrxx counsel fur the accused, and such parts are deleted, the court sust ined,r~ to which action of the curt which motion counsel, sheriff writs excepted. of venire And from persons f ci s, twenty and found duly au2lifi list containing attorney struck for therefrom namely: twenty persons Thereupon, in this during this spectators the hearing until the accused, the names of four E. B. Hopkins, Paul H. Bushong, and all trial, persons, H. Ray Hollar, the a tornev case, Fnd for Irvin were removed from the court tomorrow morning was handed to the the re!:i.aining F. Nash, herein, at ten o'clock. room. further twelve, Isaac D. Early, J. Nelson Dove, and Joseph the conunonwer_ th move be excluded a who each altern2tely H. Finks, which motion was granted, of the evidence under Whereupon, C. P. Coffman, Virgil snectators, by were ex2mined by the court the names of said Page P. Price, Miller, persons fror;i exception. Woodrow C. Shifflett, Lester summoned by the d 2nd free the comrronwealth the 2ccused, W. Miller,Jr. t c:t a 1 witnesses from the co:irt room end witnesses and And having concluded nroceedings Rre continued ��Commonwealth v. Dofflemyer INSTRUCTION The words "reasonable NO. doubt" ---~ as used in the instructions this Court, have been defined as that state comparison and consideration of all the evidence, wealth and the defense, leaves the minds of mind which, H§iQt~ charge. say that they feel an abiding from the evidence in the case~ afteT a full both of the Common- of the jury in that condition dncl they cannot of faith beh ,,.._L' ;: 1 9 f iJ'g ;4,?Ts the defendant Q that g $\ is guilty of the �() ,. ~ }- () q. () ("\ I- (' �Commonwealth v. Dofflem~r INSTRUCTION r;o;ie ConFt i.R.itructS-tae -prem.1med ~11tted to bee by er.ieie:PM:e, a reasonable Dofflemyer However. e.BQ jf had intercourse beyond thi9 presamptlon a reasonable under is you find that the evidence with her• of the prosecutrix doubt that Larry promise overcome when in this case raises at the time Larry then you will find for the defendant; even though you may believe with the prosecutrix V j1rny that ever 5 unttiar I ied fenra:le i.s doubt as to the chastity and this is true proved vi- gh1. NO. that the Commonwealth Dofflemyer of marriage. has had intercourse �= l '.., '.) �v. D ffi I( U TI T Cur tt p u th pr to tr! ft c-.u"•aut•a guilt. i 0 iclo if y, is th ft 11 • n r n• d ubt it th lr d ty to ac uit l 1 ; ~ t t uspic on or probability i ju efi nd nt 1 that t e t convict: a d t will not ater el t r pr ond t nc of t rr nt his co :viction is ullt u t on ble theory o cl u n th rly n conclu videnc in th 0 c upo hich h c n �/ / I' J ) V �Co mon 1th v. offl my r T UCTION N • _/ ~-b Co rt instruct t t th b as r. 11 reaso bl rry tb prosecutrix b tor t1 r, you will, n verthele bell v from th vid myer not in co h r own d ir e t uenc or pro ecutr yr d furt r b liev th doubt t at L rry Doffi myer or t th time t th pro ecutr fa pr m a sion. son of V d intercourse • find L rry Dotflemyer not guilty 1f you or yi ld d to L rry Ootn - rri g but in tiflc tion of In rry d y b li t t e t prev·ou n pr ved beyon pro with ven th u h you prov pro ecutr it h jury th t th en ffi ny r on t p omia of rr ft ct on o th • if ir . 1£-z ny_ to yi ld to �1 5 �Commonwealth v. Larry Dofflemeyer CHARGETO JURY If you find of seduction, will the accused, as charged Larry in the indictment, say so and fix his punishment penitentiary for a period Dofflemeyer, then you at confinement of not less guilty in the than two nor more than ten years. If you find more. him not guilty, you will say so and no ��Commonwealth v. Dofflemyer INSTRUCTION NO. The Court defendant to instructs be innocent charge contained beyond all the jury not is strong sufficient be proved theory doubt. so clearly based can be innocent. j(J( that indictment the law presumes proved gu i 1ty on which and if of the doubt there he is is defendant's of convict, unless his nor is such To warrant guilt, the weight his upon the evidence minds of the i s so even as mere suspicion greater weight amounts to his that there in tried, guilt, conviction and conclusively the of _the on the to a c q u i t h i m; and that suspicion to jury unt i 1 he is doubt, i t the i r duty reasonable able the any reasonable sufficient evidence in reasonable 1aw makes there the I this case of proof guilt is if is the beyond must no reason- upon which he ��Commonwealth v. Larry Dofflemeyer INSTRUCTION --- The Court instructs the jury that ing upon the Commonwealth to prove beyond all material reasonable element not mean that establish it or beyond all the jury accused is guilty charged is necessary for against that of mistake guilty and every the accused, to an absolute does beyond all certainty or to do more than upon the evidence thereof rest- the Commonwealth to of the accused possibility satisfy the accused doubt of an offense thereof, the guilt the burden as a whole the reasonable doubt. �r .J �Commonwealth v. Larry Dofflemeyer INSTRUCTION The words "reasonable of this after both the feel Court, a full doubt" have been defined comparison 3 as used as that state and consideration of the Commonwealth and the defense, jury in that an abiding case that condition faith the defendant that and belief is guilty they in the instructions cannot of mind which, of all the evidence, leaves the minds of say that from the evidence of the charge. they in the �j �Commonwealth v. Larry Dofflemeyer INSTRUCTION 4 --- The Court instructs from the evidence prosecutrix character jury that beyond a reasonable was an unmarried female by the prisoner ion with her under him guilty. promise if you believe doubt that of previous at the time of her alleged she was seduced find the seduction, by having of marriage, illicit the chaste and that connect- then you should ��Commonwealth v. Dofflemyer INSTRUCTION NO. .....!J The Court believe the jury beyond al 1 reasonable promised Dofflemyer with her, not guilty the prosecutrix of his promise yielded you will, even though you may before Larry Dofflemyer or at the time he had nevertheless, if you believe but voluntarily her own lustful find Larry from the evidence to Lany Dofflemyer, of marriage, of gratifying that doubt that to marry the prosecutrix intercourse purpose instructs - desire that not in consequence and solely or passion. for the �L �Commonwealth v. Larry Dofflemeyer INSTRUCTION 0 ----- The Court Rebecca Flick character accused, instructs evidence at the time Larry reasonable she first Dofflemeyer, that the burden that jury that to have been a female upon the defense character, the will, doubt the law presumes of previous had intercourse and that if at least, with the accused she was not of previous of proof chaste chaste is upon him to adduce create as to her previous in your minds a chastity. the relies �J. �Commonwealth v. Dofflemyer INSTRUCTION NO. If you find reasonable that the evidence will find may believe reasonable in this doubt as to the chastity the time Larry Dofflemyer for and this with her, is true a at then you even though you the Commonwealth has proved beyond a doubt that the prosecutrix case raises of the prosecutrix had intercourse the defendant; that -l- Larry Dofflemyer under promise had intercourse of marriage. with ��Commonwealth v. Larry Dofflemeyer INSTRUCTION The Court convict the accused prosecutrix, accused the and other reasonable jury yet surrounding while if you cannot testimony the admissions circumstances so as to satisfy doubt that on the uncorroborated Rebecca Flick, her testimony is instructs of the of the substantiate your minds beyond a of the truth of her statements, then this sufficient. The Court further necessary that be sufficient prosecutrix the supporting to convict but it or circumstances essential evidence orated. it instructs the evidence without is sufficient as tend elements of is for the the offense, that if it it is not be such as would the evidence to support jury jury supplies of the such facts such testimony upon the and where there is such to say whether she is corrob- ��Commonwealth v. Larry Dofflemeyer L INSTRUCTION The Court witnesses instructs is a question jury have the right the witnesses or lack to determine candor and fairness, of intelligence, that the credibility for the jury; of their their testimony, apparent the relationship of the trial, if any appear, and from all circumstances appearing on the trial, which witnesses are more worthy relative of any such testimony, the their of the witnesses the interest accordingly. of intelligence any, weight and the manner of testifying, if surrounding of from the appearance their and consistency to the parties, result jury exclusively on the stand, reasonableness apparent the of the witness of credit in the other determine and what is the and to give credit ��Commonwealth v. Larry Dofflemeyer INSTRUCTION The Court of the seduction necessary of its for charged the commission, from the eviden was commitied the instructs indictmant. the jury against that in proving the accused Commonwealth to establish and it is sufficient e beyond a reasonable on or about July 8th, it the time is not the precise date if you believe doubt that the offense 1952, as charged in �.- . r J • �Comp. F,orm 18 STATE OF VIRGINIA \ ~ OF~la1.;hmn lili No. _____ To-Wit: ' ~~.J~ TO A y SHERIFF Whereas, OR Pl!>LICE OFFICER: Rebecca Flick George B. Price has this day made complaint and information on oath before me, Justice of Peace y, that of the said Larry (Name) ilton Dofflemyer R~),_._:,L.,... County (Title) ___________________________________ did on the._~8~t~h~_day lawfn11y ,. _ hav, weaJtb ot._~•~D-J-1..,.y __________ connection chaste to be further am/County, dealt with according ace1nst in violation These are, therefor~1mz_:_ou, Trial Justice Court of 19--52_:Unlawfully in said with one Rebecca Flick, cbaracte1~, of V:irc1n1a• , did under the prom1ae of marriage and fe1on1ousJy illicit previous _,·n t~ to law. sedute l!l'nd an unmarried female of the peace and dignity of the oommon- 18- 1~8 V1.r,:in;1a of Section county Code 1950 in the name of the Commonwealth, to apprehend and bring before the the body (bodies) of the above accused, to answer the said complaint and And you are also directed to summon color Address ---------------□ color __ Address -------------□ color ____ Address _ --------------□ color Address -----□ color Address -------------□ as witnesses. Given under my hand and seal, this 0 19_3 (Seal) �STATE OF VIRGINIA-COUNTY OF----------~--------. . Trial Justice a Justice of the Peace I, ------------------- to-wit: in and for the County aforesaid, Sta~. of Virginia, do certify that and --------------------------. as his sure._ ___ _, have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of ---------''-----------------------------,,_ _______ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit Court be rendered, yet upon this condition: That the sai~-------------------, shall appear before the Trial Justice of ---------------------- County, on the _________ day of_____________ _, 19__ , at -----M., at . Virginia, and at any time or times to which the proceedings may be continued or. further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said from the date hereof. shall keep the peace and be of good behavior for a period of_________ Given under my hand, this _____ day of _______________ _ , 19__ days _ ·---·------------- T.J.., J.P • ..,. :r .., C"'l i 11 ~ D>C: 1'1 't) ~- a ::s l'I 0 0 .. " :r ",. g ~ = as· c. "' 0 ::t ... 0 :r ,. !!. ;. :r ,., :r ., "' oq _,. .... ::r, ::, i 0.. .., .. 0 ~ ::l ::s ,. .., .. .. 0 ~ C"'l 0 "' "' C"'l 0 a 8 0 ::t ~ ~ '/JI s:: a a 0 t:I s· oq > ... ...., ..,. Er 0 ,. ::t '< ~ ::s "' "' " "' .., .. ...... ,. " ,. > .. "' " ~ ::, ~ ~ "' "' C"'l ti" :,;" ~ i "' ,. oq > .., .., ,. ~ t:D ~ .., >-,l e s:: ~ .., "' .., g_ ,..., '<"' 0 ~ '0 ... ~ "' "' n ::t " '0 Ill .., ::s ~ ~ 0.. "' ,. '0 (II ::t ::s ~ tr .. " .., '< "6' ... t:D 0 0 Ill .., 0.. .. ;:r ;:r " " ;;· 0 .., .. n g_ -n ~s· '-fM• oq 0 ~ en s::~ "'s:: g.:. (II .. !. ::s (II "' (II "' C"'l "' 0 s:: .., ~,. .., .. ".., ... ,. 0 r n ~ s:: oq ~ 0.. ::s 0 e. ,. N �Comp. Form IS ST ATE OF VIRGINIA \ ~OO:~ No. ______ To-Wit: _ POLICE OFFICER, Whereas, has this day made complaint and information on oath before me, ...,vstic ~ o.t' ~ of the said (Title) 1 ,, o _, .4- A. P~ C 0 •>, r :i c "" (Nam~) Larr.' I il t v < th,t , ----------------------------------------~·n 11.·.~ J '_,l.... ~County did on th ..... e_-----'vc;,.)-=.~-"-,-'--1 __ day oi__ __:•.:..-:-,'"'.:...._,_____________ , 19~: Unlawfully J ~. SC_._ i c._ ., of , rsBc ' a VP co1 1ntu- i 11 • C :_ t CC), "F, C t. ! 'l lic ¥\ 11ce and 1:, n .!f' ,:,... ·iy,•:c, 1"<nr:e 7n,r. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the . ,~_,/4 -~ Trial Justice Court of ~~unty, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon color Address ----□ color Address -----□ color Address ------□ color Address ---------------□ color Address -------------□ as witnesses. Given under my hand and seal, this,_ __:"""---- 1~ ~-~~~"---""'-----+----, , /--¼~~~fl.--,-~rl:::__....1,__.,~~~'-"'--( '--,.,,-,,: . :,...c:;...-,c. .,.;.....,, e (Seal) �STATE OF VIRGINIA-COUNTY to-wit: OF-----------"'---------Trial Justice Justice of the Peace a I, ------------------- in and for the C()unty aforeeaid; State. of VU"ginia, do certiflY that ----------------~------------------------------.--------as his sure:r____ and------------------------- _ have this day each acknowledgc(l themselves indebted to the Commonwealth of V.irgipia. in the sum of--,---------''----------------------------I .\ ·\, ·• Dollars •• t ( • ), to be~made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwl!alth to Court be rendered, yet upon this condition: That the sai.u__________________ __, shall appear before the TrialCircuit Justice County, on the _________ day o.______________ _, 19_'--, of---------------------at -----M., at . Virginia, and at any time or times to which the proceedings m~IJ:witinued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that shall keep the peace and be of good behavior for a period of_________ the said ----~-------------from the date hereof. Given under •my hand, thi,,,_____ day o,,________________ _ ~ 19__ days _ ---0 0 'i ;. ,,. " "'C: n '0 i:::: c+ PJ H ... .., :.:s 0. CL t-'• () 0 PJ & 'd (!) t-'• p.. PJ m ::-,. l-'· "d t--j CJl t-'• ~ I-' ,... I-' ." (0 p.. 'O t>l ,,. s:: ... ,,. X n n o 5,,.::, < !" 0- i:i. ... ,.~ > ::0 ~ 9 ::, g, ;. ,,. t-'· ;:l n 0 t-'• llQ _,,. 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N i:i. �I On an indictment Larry Milton for a felony Dofflemyer This day came the attorney Milton also Dofflemyer, was brought by his attorneys, ed was arraigned the court fixed for the commonwealth, into court by the sheriff D. W. Earman and M. W. Fuller, on the indictment and entered the 25th day of June next ed it is ordered upon, the said Larry justified (seductio~ that as to his the Commonwealth, he be admitted Milton sufficiency, of this Jr. a plea of not guilty in the penal into in the sum of Twenty-five Larry and came said accus- thereto, On motion and of the accus- sum of $2500.00. with Dewey Dofflemyer entered county Thereupon, for his trial. to bail Dofflemyer, and the accused, and acknowledged Hundred Dollars There as his surety, who bond, payable to ($2500.00), condition ,- ed for court the personal of the said Larry Milton on the 25th day of June next, may be continued holding appearance or further any proceedings to remain of or is declared and at any time or times and before in connection with which he is charged, ligation heard, force void by order any court with this and not depart in full Dofflemyer thence and effect of a competent this to which this thereafter charge, to answer without leave this charge until before having or for the offense of court, is case this finally ob- disposed court. Commonwealth I On an indictment vs. for a felony (felonious assault) Harry Holley This day came the attorney Holley, came pursuant Thereupon, said to his accused, after for recognizance consulting the commonwealth, and the accused, and by his attorney, his attorney, Harry W.W. Wharton. in person withdrew his ��e.- - I i Commonwe2lth vs. On an indictment Larry Milton for a felony Dofflemyer This day came the attorney of this case by Ch2rles pursuant and M. W. Fuller. for the 2.ccused, to which action ney for of the court Irvin Coffman, the accused, under writs D. Early, J. Nelson Dove, Lester W. Miller, witnesses ing this sustained, by counsel, of venire excepted. facias, and free in this trial, Jr. and all spectators, which motion was granted, moved from the court further room. proceedings And having of are de- were twenty persons Where- was handed to the attor- namely: struck H. Ray E. B. Hopkins, H. Finks, C. P. and for the commonwealth moved that be excluded from the court and wi ~nes·ses and spectators concluded the hearing 1 therefrom Page P. Price, Paul H. Bushong, Virgil the attorney the And from from exce~•tion. Woodrow C. Shifflett, Miller, Thereupon, case, twelve, "about and such parts the na"Tles of said twenty persons F. Nash, Isaac came over the objection the commonwealth end the accus,..,d, who each al ternc.tely Hollar, Joseph unconditiona.lly", the remaining Dofflemyer, namely, 11 and found duly qualified containing in the trial D. W. Earman, W.W. Wharton, the words therein, which motion the court the names of four persons, herein, the word summoned by the sheriff a list assisted for the commonwealth moved the court by deleting and also examined by the court upon, attorneys, Thereuy-,on, the attorney hour of 9:00 o'clock", persons the commonwealth, and by his to amend the in.die tment herein leted, for A. Hammer, and the r_ccused, Larry Milton to his recogniz~nce counsel (seduction) a room dur- F,i,$ were re- ~) of the evidence are continued ten o'clock. , Judge. Circuit Court of the County of Rockingh2.m on Wednesday, the year of our Lord, nineteen hundred the 28th day of July, in and fifty-four. Present: Hon. Hamilton Haas~ Judge. Commonwealth On an indictment vs. Larry Milton for 2- felony (seduction) Dofflemyer This d2.y came again the attorneys ed, Larry Mi:.ton Dofflemye::-, c2-me pursuant for the commonwealth, to his recognizance and the accus- and by his attor- ✓ I z..-.?._ ��neys, D. W. Earman, W.W. Wharton, sworn for the trial having received counsel, of this to the:ir they came again into dict; case came pursuant the instructions they retired whereupon, court and M. W. Fuller; to adjournment. of the court, and having room to consider and reported one of said jurors that and the jury impanelled their Whereupon, the jur heard the argument of verdict, and after they were unable was withdrawn and some time to agree on aver- and the others from rendering a : I I I verdict herein I were discha.rged. Charles Earman, Jr., account attorney, of the Coun Commonwealth o ser by uly examined unpaid, troller to be certified to the Comp- for payment. ✓ Sam P. Conra, against was allowed and ordered . attorney, of the County aforesaid, presented an account the Co ·pursuant affidavit be correct to ported of the by the appearing and and ordered to be certified for payment. 1~ to to the Comptroller &t.-, I Judge. : I _I b ��G. H. Parent Co. Ashland, Va. F N orm o. 777 Commonwealth l of Virginia, C,ount.~................ of .. Rockingham···--········' In the Court of Circuit to-wit: said , April County The grand jurors of the Commonwealth of Virginia, in and for the body of the , now attending the Rockingham ~:xt~~c;poidhmctmdtcxmm1pt~Ym, said Court of the said , in the year one thousand nine hundred ana county, nighttime with of that one Rebecca having .ionally , feloniously ab out the hour day, and there did promised then Flick, the to marry her, an unmarried said the Rebecca said seduce county female Flick Rebecca of previous on the aforesaid Flick, against against the peace and dignity of the Commonwealth of Virginia. Rebecca day of f' fty and have Flick witnesses sworn in open Court and sent to the grand jury to give evidence. 54 of two and in the of 9: 00 o I e lo elf; in the statute, Upon the evidence of County LARRYMILTON DOFFLEMYER or about onfthe 8th upon their oath present that July Circuit 'Term, r9 illicit chaste connection character, day the form of the �INDICTMENTFOR A FELONY { ~ AL'TH Foreman. George D. Conrad Commonwealth's Attorney A TRUE BILL LARRYMILTONDOFFLEMYER vs. COMMON.WE S;J �p ,u- 'P- p. ~e_ ~ ~ 1 a • Docket No. l7k ...... /,,, 1( $:Jd . 7-, ~~L, a ~.,,.f COMMONWEAL TH of VIRGINIA J Fel. vs. /le~~ ( seduction) ) I LARRYLlILTONDUFFLEMYER IL 1f,. i~ Own ( Y..) 1J,,, If, Appointed ( 1~. ) <kt----p. d. / () J 'ti :T f "C !' CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��r~~~~ ~~~~~~ijlQllll 7 ... ,. ' NIA'/1 ......1/'1 ATTEST: ...... ···· · ·' ········ ·· ..' ........................... JUDGE ��MELVILLE W. FULLER. ATTORNEYaAT-LAW ELKTON, VIRGINIA JR. ��This image removed for explicit content. To view said photo please contact the Rockingham Circuit Court �\ \ �Comrnonwea.lth vs. On an indictment L2rry Hilton court, 1re2.l th the it is day came the s2,ys that said therefore and go hence 2 felony (seduction) Dofflemyer This of the for Larry he will Mil ton considered without attorney day. for not commom-real th prosecute Dofflemyer by the the court further on this that and, on behalf indictment he be released with the of the consent common- charging a felony; of his recognizance and ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ...........~~·~·~·~·~·~···f .1.~.~·~······································"··..··..·· ......... to <fij~e£5rj7efore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a~;io o'clock, a. m., on the .....J9:t.h....... day of. ....A-P.:rJJ........................................................ 19 54..., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . .......................................................... Y.~ .... 1A~~X...MIJ/+'.9.N ...µ9.F.t!-!~~~········································· who stands charged with a felony ~~~. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ~~~ at the Court House, the ...J?.t.b.. ........ . ?..4., and in the ....J7.~.t . .. year day of. ......f\P..!.'.;.\ ..............19 .. THE SERVICE PRESS, HAtlRISONBUI\G, VA. �Commonwealth v. ) Grand Larry Milton To April at ~tL( //~ Summons Dofflemyer 19, 1954 9:55 a.m. 1/f//f_//-4 ~ fa Jury 1., /)~4- ~ ~ //µ}I'_ ar.fi/4~. - �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon _________ J~--?:J .P.:..!!:i-:1:~_t'?.~~----~-~~~-'?_:.1:! ____ y_~_:_! ________ _ and Harv --------------------------··-··-v. l'v1cDonald (Bethel), l!ilkton, Va. ___________________________________________________________________________________________________________________________ _ to appear before th / ?foe of the Circuit Court of Rockingham County, at the Court House thereof, at W-00'\o'clock, a. m., on the ___ ?7~_h:day of.. ______ 5!.~_1;y: ____________________ , 19__ 2_4 to testify and the truth to say in behalf of the Commonwealth against -----------------------------_ LARRY DOFFL:2l{r::,T.t:;R who stands charged with and indicted for a felony rx:rislilmlllrem<>r. And this you shall not omit under penalty. And have then and there this Writ. Witness, ;k}RO:~~~l~H.h w<i at the Court House, the 2ls.t ___ day of _________ .Ju -Y-----------------, 19._5,.--,ar d-i THE SEllVJCE PRESS• HAI.USONBUR.G, VA. - of the Commonwealth. �Commonwealth v• ) Larry li tness 1 Dofflemeyer To July at mcUTED 27, 195L~ 9:00 a.m. 7-'3-d ROCKINGHAM BY EL COPY Subpoena THE COUNTY or �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham Y 01, are hereby commanded to summon.J..~....R., ... Jfl,..c:pq:,:m.., ....M:r..$..~ ...J..~...R! County, .... Greeting: :SJ.9.~9JP. ....,........... El.w.o.o.d ...W.r.ight.,...M.:r.~ .•.... EJW.Q.9.9...Wr..i.gb:t., ...M.:L$..~ ...L.9.t.t.i.~ ...M~~4o:vrn., ............... . W.r.~ ..~ ... P..~W.~Y ...U., ... P..9.f..f.J~rn.y~:;r;- .., ... Cl;;\;r.}$; .. P..9.f..f.~~mY~.r, ... P.9.APJ~....P..9.f.fl.~:7: ...... . tµYE?J:'., ...M.:rJ~.! ....0:9J..4J.~ ...M.'?.~9:9.W.~ ...................................................................................................... . ~iE:3t~~:~~:;::t~~~ > Va.) to appear before the Judge of the Circuit Court of Rockingham County, at the Cottrt House thereof, t:f,' " -i::f)- o'clock, at say in a. m., on the2.7t.hday behalf of the Defendant of............ J.ul.Y, ...................... 19.54.. to testify and the truth to in the prosecution of the Commonwealth against....................................... . ..................................... L.ARRX. ..M.l.!/l'ON.. ..P.0.f..f.LE.MYER. .................................................................... . who stands charged with and indicted for a felony~1.lf!!ll.11Ph And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ..24th d,y of ;[)l,l,y, •• 1</5.4 , ond in th.;179t):i/~dl'~ • ......... Cl,,,k ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to mmmon.J ..~ ...R.~....:6,J,9.;x:9.m, ...M;r..~.! ... .-l. ..~ ..B.~....~i9.;x:9.~L ........... Elwoo.d...W.r.ignt.,...M.r.?. ..'! ... E+.~9.9.4. ..W.:rJ.gh:t., ...M.:i..s..s. ..~C?.:t.~:i..~ ...~t~.~~~~~., ............... . 14.r..$..! .... P.~.W.~Y. ..fi.! ....P..9.f.JJ.~.~.Y.~~, .... 9.~.a..~:k. ...P~f:f=L.~!fiY..~~, ...P.().~.1-.~ ...P..?.~q ..~.~...... . m.y_e r..,.... ¥.;i;-.~. ~....G. o.l.¢lj ..~...M.~.~.49.~ .~..................................................................................... . ................................................. C~JJ ...~.dfl.1 ... ~.:pc~CJ.r:i, ....Y.a.•.} ......................................................... . a.:nd...G~o.-r.g.~ ...ll~n~.:i.~.Y ............................................................................................................... . ..................................... (E.l.tt.o.n., ....V9:.,}................................................................................................ . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a!-J/o'clock, say in a. m., on th~.7tA.day behalf of the Defendant of. ......J.v.J,Y., ................ 19 ~4 .. to testify and the truth to in the prosecution of the Commonwealth against....................................... . LARRYMILTONDOFFLEMYER ................. ··································· who stands charged with and indicted for a ........................... . felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court Home, the ...24th day of ....J.uly., ...............19 .. ,54, and in thel79ijpei; ........ . of the Commonwealth. r/~r:z/~········ ..... , Clerk �7-2.~-=-~~ THE COUNTY Or ROCKINGHAM BY DELIVER a.ECUTED COPY �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: to apPiar before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 9: jQ at "JJD(o'clock,a. m., on the.2.7.thiay say in behalf of the Defendant of.......J.ul.y.,............................ 19 .54.to testify and the truth to in the proserntion of the Commonwealth against........................................ ..................................... .La.rr.y ..Mil.ton ..D.o.f.fl.emye.r.................................................................... . who stands charged with and indicted for a felony~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .......i{rt.P.: ..... day of ........J.uly,........... 19.54 .., and in the l. ear,o the Com onwealth. �.aECUTED ?-24-~iN THE COUNTY Ol' SHERIFFROCKINGHAM COUNTY. �TRIAL JUSTICE COURT Criminal Docket N~ 14972 Com'th Defendant l-1--19-54in Circ,_:~.t 80,irt Indicted a.ml Capias issued. Appearance Date Trial Date A �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Larry Milton Dofflemyer Subject The topic of the resource Felony Seduction Description An account of the resource Defendant charged with felony seduction (note: nudity) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1954 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_009 Dofflemyer https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_007_commonwealth-v-lawrence-dean-and-floyd-shifflett.pdf d2ac95a7fca52425c31bd8e9cf6afe11 PDF Text Text Motions made during the afternoon of Thursday, June 17,1948, in the matter of Commonwealth vs. Lawrence Dean and Floyd Shifflett,--which motions were made in the Judge's Office, in the presence of said defendantso Mr.Hammer: Your Honor, sustained case, please, matters morning Your Honor during action a mistrial was taken the absence jury which had been impanel}ed ' I . our motion to declare on the ground that certain this on the-se- in the case~ on of the accused. The was in the box, and has been dismissed • ,~ .There has now been a new venire summoned for the trial of th.e-se case~. It is the position the impana~ling ready of a new jury will committed. the absence of the defendants The indictment of the accused. upon the amended indictment. defendants returned two arreignments, by the grandjury, The action of declaring a new jury, to declare there voidab.le. by the grand defendants jury was sustained. morning, they were arraigned indictment, in our opinion, although The action was not a void act, and it and impanelling our motion of the Court but, appears between the indictment and the indictment in our opinto us, that returned as amended and to which the have pleaded. move Your Honor to quash the original and the amended indictment ther, amended during one on the original a mistrial, variation We, therefore, /,. al- Tb.ere have now been for these It would now appear, is a material the error was originally On this case that and one on the amended indictment. in amending the indictment ion, not rectify does not remedy the situation, a mistriAl in this to dismiss the venire for the foregoing summoned in this reasons, case. , and, fur- ��whether The Court: In the Court's the Court's action in overruling sustaining the motion to strike indictment was void or voidable. was without counsel any effect moved for a mistrial on the ground that void, and when the Court sustained he sustained everything, original starting and effect. It from therebn, time is that original the arraignment said plea several of not guilty. motions it was an il- motion it is the Court's a mistrial, to the and the situation we are proceeding on the of the two defendants ·.d1erefore, of the defendants by counsel. felonious thing Your Honor, please, on the ground that offenses, the ------------ Mr.Hammer: several thereon, the Court overrules -~-----------the indictment opinion, that of the demurrer is annulled, of the case~ at this it defendants' the defendants' with the hearing indictment, was void, and was, therefore, the motion to declare indictment, and their action to the defendants, and of the original If it was voidable, act, after parts If said legal then became of no force it is immaterial the demurrer certain at all. prejudicial opinion, one a charge assault, it to demur to embodies two complete of co~iracy and for the further as a conspiracy we desire and the other reason to commit felonious and that assault, there of is no such under the stat• ute. Now, Your Honor, please, dictment, without waiving our former objections, Lawrence Dean and Floyd Shifflett together for the purpose jury upon H.E.Taylor, disfigure, disable, we move to strike with intent or kill, the charge "did conspire of committing from the in• and confederate an assault and bodily him the said H.E.Taylor and in pursuance that of said in- to maim, conspiracy �f �and confederation"--. We desire that that portion of the indict- ment be stricken. 1 The Court: indictments the offense law it is an offense is the Court's indictment, charging two offenses. that if that and distinct part of the felony for conspiracy assault. However, at common the present indictment the demurrer stated offense, is. a felony the motion to strike is overruled. above, is merged It is the referring does not charge a sepa- of inducement in the indictment. to or a ·there- is overruled. Mr.Hammer: '1'o which counsel for the reasons assault, in the indictment charged It is not bad as charging but is a matter actually act. in the indictment, the indictment any language authorizing does not to commit any illegal any is charged for reasons rate statute the commission of a malicious and that opinion the Virginia cases to conspire Therefore, a conspiracy, fore, specified opinion the felony, that of malicious and the conspiracy, Court's is true in certain include into It heretofore for the defendants except, assigned. Mr.Hammer: We object 3 the charge although felony, turned position does not embrace therein the charge of conspiracy on proof and conviction, an indictment, charging of the accused a conspiracy ~elony to the charge to the charge; that to commit felony, therefore, embraced in the charge the elements that of conspiracy; may be merged in an indictment after the grand conspiracy this jury without the element to the jury for the reason jury. jury has re- and a felony, it is the could find them guilty convicting them of a of conspiracy should be of for ��__ 4 ... The Court: referring actual and that (The Court has already to a conspiracy allegation that the indictment the objection in this to the charge anything committed a felonious only the felony.) the assault Therefore, is overruledo Mr. Hamm.er: The defendants, ruling that ind:btment is merged into the accused charges ruled by counsel, of the Court for the reason object to the aforesaid. ------------------------------------------------------------------ ��l. ' Mctions(in said case of Commonwealth vs. Lawrence Dean and Floyd Shifflett) in Judge's Office Friday afternoon, June 18, 1948, just a little while after going into said Office, after court had been adjourned until evening. Mr. Hammer: Your Honor, please, in this heretofore assigned case to declare in the opening sire, Your Honor, please, trial in this in regard instruction that evidence to the jury, his evidence at this time desire of Perry of this for the reasons case. We also instruction Bailey, that that Floyd ~hifflett shooting or of assault of which was to warn the jury for the reason was guilty and battery. out motion to strike the evidence Dea~ for the reasons heretofore a mis- it was a singling to renew our motion to strike evidence de- of the Court be viewed with undue caution. the case ~s to Floyd Shifflett, fully a mistrial the verbal the effect should to renew our motion ~o renew our motion to declare case, as,under to the we desire the evidence that there of unlawful We likewise We also was no or malicious desire in the case in regard assigned in to renew to Lawrence and to be assigned more in writing. The Court: Gentlemen, sidered, and overrules all all these motions have been heretofore and the Court adheres of said motions. to .his previous -.e...-,t,~ conruling, ��V The Court's rescinding of ruling on certain former motions, and the renewal of said motions, and overruling of same by the Court, in the Judge's Office, before the re-convening Friday evening, June 18,1948, just of Court for the evening session. The Court: counsel, Gentlemen, when we came beck to Chambers for the purpose of consider.ipg some of the instructions had been offered defendants ~enewed certain connection with this trial, It has been suggested sonally present being uncertain Mr.ffammer: counsel at this for the motions in time overruled. were not per- were renewed and made, and the Court, or were not, of both the accused room from Chambers, rescind and does now offer the Court doth and before having any ruling he may have made to the said defendants ever returned the right to renew said motions. Without waiving any right,-which The Court: All of these ence of both defendants, the trial of this case, time, of said motions I understand of the accused, waive said rights,-however, time renew said motions all counsel other the defendants they were, cannot waive any rights themselves the law or nor can the accused in view of the Court's as heretofore motions, ruling, dictated. now being made in the pres- have been made and considered, and for the reasons Mr. Hammer:n To the ruling except. motions as to whether on said motions, and option and made certain to the Court that and after to the Court, which the Court at that when these now, in the presence to the court motions the instructions, then stated before, during from time to are overruled. of the Court, the defendants by counsel we �,, �(t) June 17, 1948. Commonwealth On an indictment vs. for a felony (felonious assault) Lawrence Dean and Floyd Shifflett This day came the attorney the accused, their for the commonwealth, and Lawrence Dean and Floyd Shifflett, recognizance and by their and Sam P. Conrad. attorneys, And counsel came pursuant to A. Hammer, Gr., Charles for both the accused having here- Xli:lUlt>a1~~ooo00C1Jt>c!l'Dtl10elGCIQtlftCMlc:JOi~~~j@igpa;ofore, in the -fth- absence of both,accused, demurred quash the same on the ground that offenses--one having a misdemeanor heretofore accused hav~g included ov~rruled o-f s.a.:,a.. a ,. . felony--and of two . the Court d~murrer and counsel moved to strike as to conspiracy, and moved to charges the said of both. accused, also heretofore in the indictment it and the other informa~ly to quash in the absence to the indictment and motion for both· the out the allegations and the Court in the absence 1' • of both~accused haying_sustained having and renewed said.motions appeared appeared before qemurrer and motions this the bar of this having day made a motion for of the jurors another,6ffense sideration said motion~ and counsel sat tried of said Court this change of venire at this demurrer term or Court and motion to quash and the motion for tained charging on the~ pl e~t day, and the aforesaid the motion to strike having some Lawrence Dean, for the Court, both overruled after said a change of venire from the indictment I'. also on the ground that of the accused, and motions day and both accused having been renewed and counsel on the trial this demurrer and sus- the portions ' con- thereof a conspiracy, and thereupon bothAaccused were arraigned the portions charging conspiracz,_and thereupon indictment as amtnded by striking,._ each in person guilty.to the same. �I �And from persons facias, summoned by the sheriff twenty persons qualified and free names of said were examined by the court from exception; twenty persms commonwealth and counsel struck therefrom w. T. namely: A. R. Scott, under a writ whereupon a list the accused, Roys. Heatwole, said to constitute true deliverance for the thJ remaining Claude Berry, twelve, G. Roscoe Knicely, Sandy, and C. E. Lokey, seledted the jury, the C. B. Beubush, M. G. Newman, Ashby Fitzwater. Moyers, Joe Kagey, Turner conta:lning who each alternately the names of four persons, Leavel, and found duly was handed to the attorney for ~ of venire were sworn to well and truly J.B. as aforetry and make between the commonwealth and the prisoners law and the at the bar and a true verdict render ,according to the/evidence,xatK!i .And the Court~declare that the Court passed to strike informally to when neither of accused said declared motionland attendance on this are insufficient acting under Section by Sections try w present And it prese~t 4896, the ·Jury from to the ·court ih t there from the jury.list following twenty-four the Court, as provined jurors to said case, namely: J. Hollen, A. Wampler, Jr. , A. Roy L. Frank, s. Harry Kiser, J. F. Byerly, c. Isaac Long, Robert F. Garber, C. Shifflett, Beery H. May, J. Moore, Dee C. Smucker, L. C. Hutton, H. Westbrook Hawkins, John H. Rolston, Layman, Garold Myers, D. C. StickQey, \ Court sustained to try both the accused, selected 5988 and 5990~he ~ and discharged to and above referred in person• appea·ring on the ground above referred of the indictment a mistrial case. jurors on~demurrer I parts certain a mistrial William ,( Frank. l ~ ~ "- ,. f Chas. W. Raymond Weaver, o. Beard, Joe R. Rhodes, John D. John P. Zirkle, Paige P. Price, Hubert B. Harold E. Shomo, and C. ;j:;.L, r- A,(,{,f. ~H,/ ~ I �I I ; I \ I I \ �The defendants -ot•iilii-~, by counsel, moved the court to quash the original and the amended.indictment and further to dismiss the new venire summoned in this is a material variation case on the ground that between the indictment \ ~reupon, court returned by the and to which the grand jury and t~e indictment defendants there have pleaded&. the court -.,ruled upon the demurrer was void or voidable by the action the previous and motion to strike and that of the court case now stands that all part such previous in declaring on the original action of the indictment rulings a mistrial, indictment, of the were1nulled and that the the arraignment of the two defendants thereon and their respective pleas of not guilty, to quash the indictment and dismiss the venire and that the said motion/should be, and is accordingly, hereby over- \ ruled. assault and bodily the said injury H. E. Taylor and in pursuance moved that that upon H. E. Taylor, to maim, disfigure, of said portion ·conspiracy with intent disable, or kill, and confederation", of the indictment him (and be stricken~which demurrer and motion aforesaid the court overruled, to which action zld~ of the court in overruling said demurrer and motion, the defendants. by counsel, And the defendants, the jury excepted. by counsel, for the reason the elements that of conspiracy; be merged in an indictment after that felony the charge although for felony, the grand jury has returned spiracy and a felony, this and %md it Ju:ry/could find without convicting object to the change to does not embrace therein the charge on proof of cpnspiracy and conviction, an indictment, is the position them guilty charging charge; con- of the accused of a conspiracy them of a felony may to commit therefore, �The defendants Q17TS!ia~, by cormsel, moved the court to quash the original and the amended ·indictment and further to dismiss the new venire summoned in this is a material variation case on the ground that between the indictment grand jury and t~e indictment defendants ~ there returned by the and to which the have pleaded 1 ~ defendants, ,~u .., m•!!!l:ltll!ffln demurre,d. by counsel on the ground that it embodies two complete one a charge of conspiracy and the other and for the further that conspiracy reason to commit felonious and the defendants, to strike by counsel, that and confederate together and bodily the said H. E. Taylor and in pursuance moved that §emurrer action~ that by counsel, And the defendants, the jury that of conspiracy; that felony the court this of committing an with intent disable, him or kill, be stricken~which overruled, said demurrer convicting object although for felony, and %iucXit ju-ryjcould find without "did .conspire to which and motion, the to the change to the charge does not embrace therein the grand jury has returned and a felony, former objections, and confederation",(and by counsel, be merged in an indictment spiracy as a excepted. for the reason the elements waiving of the indictment in overruling assault, moved the court Floyd Shifflett conspiracy and motion aforesaid defendants. after without to maim, disfigure, portion of the court zn:tq thereupon upon H. E. Taylor, of said offenses, under the statute; for the purpose injury and several is no such thing also Lawrence Dean to the/indictment of felonious assault, from the indictment, the charge assault there %J <:.-1AL the charge of cpnspiracy on proof and conviction, an indictment, is the position them guilty may charging of the accused of a conspiracy them of a felony charge; con- to commit therefore, �I I t �~he element the jury; .a~bi ~to assault court of conspiracy ~-<-Li£ and" ng pefer:rriee and tbat &,:::th of the court be embraced in the charge l ttP'v'- tnereup tAQ actW?l should n, (...tbe court t a c&ftetti»&.o,- e1 ¼aontiaB the umt 1Aa.-.e1'$ overrule~said rulaa :emt in '98ie inii:c taw1tt=le, me1ged tae aecae,eli Cfflft;es objections the defendants, bauiJaS ilPead;r, to ..;t1y ~ted tQ& to the charge, by counsel, excepted. a ·Te±o~s faJ.e'.t1)7")the to which action �.• �th\ 5 0-Aj And from the venire summoned as aforesaid for the trial " of this case, only sixteen ing responded tion, and being found duly qualified thereupon, the attorney sent of the court, said panel, (16) of the persons waived the striking from the names of four persons therefrom, Shifflett, Jno. P. Zirkle, Hutton, selected to well and truly thirty J. F. Byerly, as aforesaid o'clock. struck the remaining A. S. Ki~, there- twelve, Isaac Beery H. May, J. try to constitute and true deliverance the jury, C~ o. Beard, were adjourned until were sworn make between the com- at the bar and a true to the law and the evidence, of the evidence, from excep- H. Westbrook Hawkins, Harold E. Shomo, and L. C. monwealth and the prisoners according attorneys, Robert F. Garber, Roy L. Frank, hav- of his four names from the by their J. A. Hollen, and free venire for the commonwealth, with the con- and the defendants, namely: in said verdict render and having heard a portion tomorrow morning at nine- �this c!ay f-0:r the �VIRGINIA: ~ 1k !/ufi1!MneCef'oU#t <y.Wea~ i'n 'tJ,e ~o/ ¥7P/l,,,"ckmond on Wednesday, Upon the petition writ of error by the 1948, ers Circuit in a prosecution for a felony; the petitioners bond if of Lawrence Dean and Floyd Shifflett and supersedeas Court held at tk Cef'owd-~ fJAui/dvn!f th,e 17th dalf ty November, 1948. is awarded of Rockingham county them to a judgment on the by the Commonwealth against but said supersedeas from custody, if is not in custody, a rendered 23rd day of June, the said to operate or to release petition- to discharge their out on bail. A Copy, Teste: ~ Clerk �Order of Supreme Court / �COMMONWEALTH OCT 1949 vs. Felony LAWRENCE DEAN and I' (fa) J- l, 1 FLOYDSHIFFLETT I ' 7/J 1s,.j-- h " J-~ I fo':yfa 1 -/ F ��-· This day came the attorney for the commonwealth, and the accused, Lawrence Dean and Floyd Shifflett, came pursuant to their recognizance and by their attorneys, Charles A. Hammer, Jr., and Sam P. Conrad;and Counsel absence quash of both the ~ .µ .µ Q) rl ft-4 f+-4 "' CJ) CJ) Cd 1J) ~ 0 ..... ..-t Cl.) ,0 .d 'd c having accused, accused havflng also indictment other charges the said of two and counsel n the Court demurrer moved to strike c, and moved to a felony--and accused, 1 in the and motion both far the out the allegations .the Cpurt n t.he absence rl accused hav~ng having 0 rl appeared before demurrer ~nd motions "' A heretofore, included overruled heretofore I>, Q it and the as to co in the having to the that to quash in the absenc.e of both rz. A demurred informally 'd ,a, the accused a misdemeanor heretofore Q) of both ft-4 >. ...._,, 0 rl both same on the ground ,....._ offenses--one .µ rl for A Q) appeared sustained and renewed said said mot_ion,. and counsel motions the bar of this Court and both this day, this accused day ha~ing and the aforesaid ft-4 Cd having been renewed and counsel having also Q) Q) 0 Q Q) M M 0 ft-4 .this .µ of the s:l a: ~ Cd .µ ,..::i I> '8 -rt .d .µ § r-:-1 jurors sat anothe:r,bffense for change on the trial tried at this of venire on the ground of the accused,_Lawrence term of Court·; tha~ some Dean, for the Court, after overruled said con- 0 -rt CJ) day made a motion "' g sideration of said and· motion to quash and the motion. for· a change tained the motion demurrer to strike and motions from the both of venire indictment d~murrer and sus- the portions thereof Cl) ~0 ~ 0 char n a·cons on the «-::1.ginal c, and thereupo indictment both accus8Jf:ere arraiffd as amended by striking/and each in person (.) •P 1. e d not guilty Swearing of the And the~eupon that motion attendance are ~jle jury passed to strike to when neither said t Jury ~moti oZi that the Court the motion .;G certain of accused on this insufficient the Court informally and declared case. jurors charged. declare of the were present a mistrial ' present indi·ctment in person• appearing both on the above referred and discharged to try • a mistrial on demurrer parts And it / ground to and above referred The Court the to the Court the accused, jury that sustained from there the Cour~, �• �acting under by Sections try said Section 4896, selected 5988 and 5990 the case. from the following jury twenty-four list as provided jurors to �• �Commonwealth On an indictment vs. for a felony (felonious assault)· ~awrence Dean and Floyd Shifflett This day came again the attorney for the accused the ubuiLcboux, Lawrence Dean and F~oyd Shifflett, commonwealth, and came pursuant to their recognizance and by their attorneys, Charles A. Hammer, Jr., and the jury impanneled and sworn for the trial of this case came and Sam P. Conrad;/and having completed the hearing of the evidence, the jury was discharged court, seven o'clock p. m. And thereupon, th!:.c and%imx c7""i. for the commonwealth,/attorneys for the accused, the attorney until retired into chambers, and %llxxnncounsel~ for both of said accused \'~ x~µ~ renewed the following motions: xatwxxwwKXJ!li~ :amlx~~ to declare of this verbal a mistrial case; to dedlare instruction Perry Bailey, the effect for reasons a mistrial that it was a singling for the reason Floyd Shifflett or of assault regard was guiltylof and battery; that that to strike more fully ruling all before the re-convening judge of this wealth, attorneys son, retired court that certain court, chambers, neither in the presence with the attorney excepted. p. m., the for the common- and it having been suggested was present for the defendants, of both of the accused, to the in chambers when other thereupon, before ~er- motions the court having returned r) into Emlll:tx the court room, re~inded and And and both of the accused were mxrix renewed and certain were made by counsel assigned to which action at seven o'clodk of the accused case in the court, its adhered to xrlli: previous by counsel, for the accused, into motions together in this of said motions; of court shotting Whereupon, said motions, the said defendants, in the case or malicious heretofore having heretofore.considered of the court, should was no eviaence the evidence in writing. and doth now overrule his evidence there unlawful of to the jury, the evidence to Lawrence Dean, for the reasons to be assigned case as, _under the instruction to strike in the opening to the evidence of which was to warn the jury as to Floyd Shifflett, assigned in this of the Court in regard be viewed with undue caution; that heretofore any ruling made on the �,.. J • J. -. t ,.n J. t r • .) ·• �aforesaid right motions and option defendants, and offered to renew said motions. without as heretofore waiving all any rights, made; and all made in the presence considered of said motions, excepted. accused,pursuant to their A. Hammer, Jr., to adjournment, and after returned the following dant, intent, punishment retired the arguipent to their verdict: by confinement We, the jury, charged in the indictment, of ~unding thereupon, set aside for fifteen the verdict other in this reasons case. verdict is contrary and the defen- and fix his for two years. guilty by confinement in the H. E. Shomo, Foreman." a new trial assigned as the defendant, And moved the/ourt to on the /round to the law and the evidenceVand to be hereafter the their court find and abetting by counsel, arui grant of counsel, Floyd Shifflett, of aiding months. the instruc- H. E. Taylor with in the penitentiary both of the accused, said into in the indi~ent, the defendant, case came room to consider ."We,the jury, Lawrence Dean, and fix his punishment Penitentiary of this some time they came again as charged find attorneys, &JmX And having received Lawrence Dean, guilty malicious and by their for the trial and having heard verdict, there- and Sam P. Conrad; and the jury im- pursuant w2x2Xthereupon having re-convened, recognizance and sworn as aforesaid jurors the defendants, for the commonwealth, both of the panelled of the court of the court And the court the attorney tions now having been heretofore and having been r doth now overrulillgX]U[Xli.x to which acjion ~pon, came again Charles renewed said motions of said motions, the court the And the said of both of the accused, by the court, by counsel, to the said defendants in writing for and filed that �, ) �K. JULIAN HICKMAN ATTORNEY HOSTETTER AT HARRISONBURG. TELEPHONES o.-.-,cE 109B RESIDENCI! LAW BUILDING September VIRGINIA 10, 1948 947-R Honorable George D. Conrad Commonwealth's Attorney Harrisonburg, Virginia Re: Commonwealth of Virgi~ia vs. Lawrence Dean and Floyd Shifflett Dear Mr. Conrad: This is to advise that we will on this date apply to the ClerK of the Circuit Court for Rockingham County, Virginia, for a transcript of the record in the above captioned case. Yours very truly, (2//;L~ {7fl1a;K( if"&1man JKH/pbp Legal and timely is hereby accepted. service of the foregoing notice ��VIRGINIA: IN THECIRCUITCOURT OF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA vs. FLOYD SHIFFLETT This day came the defendant, and assigned the following verdict of the jury cious assault, tentiary returned Floyd Shifflett, in person and by counsel, as the grounds of his motion to set aside the on June 18, 1948, finding him guilty of mali- and fixing his punishment at confinement in the State Peni- for a period of fifteen months: (1) That the verdict of the jury (2) That the verdict of the jury was contrary to the evidence. (3) That the verdict of the jury was contrary to the law and the evidence. lV8S contrary to the law. (4) That the Court erred in admitting certain evidence offered by the Commonwealthand in refusing (5) to admit certain Tha.t the Court erred in overruling evidence offered by the defendant. the defendant's motion to quash the defendant's motion to strike the indictment. (6) Tha.t the Court erred in overruling the evidence at the conclusion of the Commonwealth's case. (7) That the Court erred in overruling the defendant's the evidence after (8) all the evidence had been introduced Tha.t the Court erred in granting Commonwealthover the objection (9) certain motion to strike and to declare a mistrial. instructions offered by the instructions offered by the defendant as being an aider of the defendant. That the Court erred in refusing certain defendant. (10) That the Court erred in singling and abettor and in singling out ~his out Lawrence Dean as being the principal. ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY ~M '/,,.,I-'/6 COMMONWEALTH OF VIRGINIA vs. LAWRENCE DEAN This day came the defendant, and assigned the following verdict as the grounds of his motion to set aside the of the jury returned cious assault, tentiary and fixing Lawtence Dean, in person and by counsel, on June 18, 1948, finding him guilty of mali- his puni~hment at confinement in the State Peni- for a period of two years: (1) That the verdict of the jury was contrary (2) That the verdict of the jury was contrary to the evidence. (3) That the verdict of the jury was contrary to the law and the evidence. (4) That the Court erred in admitting Commonwealthand in refusing (5) certain to admit certain That the Court erred in overruling to the law. evidence offered evidence offered by the by the defendant. the defendant's motion to quash the defendant's motion to strike the indictment. (6) That the Court erred in overruling the evidence at the conclusion (7) That the Court erred in overruling the evidence after (8) the defendant's all the evidence had been introduced That the Court erred in granting Commonwealth over the objection (9) of the Commonwealth's case. motion to strike and to declare certa.,n instructions a mistrial. offered by the offered by the of the defendant. That the Court erred in refusing certain instructions defendant. (10) That the Court erred in singling and abettor and in singling out Floyd Shifflett out this defendant as being an aider as being the principal. �l �uat 29, 1948 orney r1s ◄ 0 +> ..... 0 O'I ~ 0 r4 t-t O'I (I) a, (') -t, 4) 0 t➔ f -t, a (') ~ ..... • 0 CQ -t, G) "' 0 < -t, -t, ~ >e r r. o r s 1·s • on Sp d, Os ~ 1, 0 t:: ~ ..... ,.. 0a, ,.,.. (f-t 1rg .... 0a le -t, 0 b oc Harr n t e a -t, ..... n•' C 0 t: y t • , , J H/pbp L ] er 1 7 �Notice of of Exception for Presenting Certificates to Com. Atty. , ( ( �J INSTRUCTION NO-r The Court instructs and Shifflett against that other are on trial the jury that only for the offence them in the indictment, thy are not at liberty law violations of the accused t 1n this and the jury to oonsider in considering cas, the accused Dean -j ,. alleged ~re instructed evidence the guilt ., or or innocence I -? ,._.,.,, ~~ll~~ 'ff()... ------------..----------~--------~---------------------------~- �\ ne C b aau b on Il .o!'lfll -~') ~ . ) r- m!TOUH ir ;.·ut er!t .:tou 1.tenl .i'IIJ'oo eo1.1al'lo erl;t ~o'l "tlin I l'I.t ao _'Ill ;t.tal'l'l OE "IO .d:t :t rl d'Ilu er!.t e_ n.t'lebferroo .n:~ Jt'Cl:t .[olv r!T 'II' re. l 'I !1..8 rl.to �INSTRUCTION NOY. The Court and Shifflett against that of the are on trial the are not at liberty law violations in this jury only for them in the indictment, they other instructs that accused the offence and the to consider in considering the jury alleged are instructed evidence the guilt Dean of or innocence case. ~~------------------------------------------------------------ �fO ne'l'lo ~ege!I b :t"'l.I'! a.al 'l •tut 'lo eoneblve ed ·: 'IO'l "tiao r{j I.sl"Ij no a ;t;teI1:'l d8 bns .par , '!eb' •n .> _, ~UH... WI 0:1 ;:h:edlI j.e j ,n e'I.s [!j j_:, j �INSTRUCTION No.A The Court instructs in this case that H. E. Taylor was the aggressor Floyd Shifflett up the jury that if you believe and the defendant, any fight1~w~~or whereupon Taylor struck Dean reasonably and made an attack Lawrence Dean, in attempting and Shifflett, tried to separate the said Lawrence Dean, and that on to break the two, the said Law- apprehended bodily harm, that then he had the to use such force as he reasonably himself. from the evidence deemed necessRry to protect �r �INSTRUCTION The Court reasonable doubt hypothesis except NO. instructs is one that that X. the jury excludes that a every reasonable of guilt. ' ( \ �.X .J~ I • noe.s 'I w 1;t B 'I I a .rU a uroxe; 1 OJ.. I ;t rlJ eno tJfIT8ijI t uo" f T L 'IlOB ' ~ �INSTRUCTIONNO~ The Court believe instructs from the evidence was the aggressor apprehended bodily harm, as was neessary lieve that the said reasonably k~ Floyd that Shifflett him not guiltyr ~ ~- that case that Shifflett himself, OT~~l ~ they H.E.Taylor reasonably to use such and if you be- used only such force to protect . himseI. ~~ ~ ~~~.~ ~·~ ~~+-· if he had the right to protect deemed necessary find jury in this and that force should the ~., as he then you ~ ~lt°""" /Jr::. ~-=; ft 4 �ITO ... ,J T. .H d".e.rUe so el 'IO nl fj' eonel lve ed IO_ V eI11 erl;t .b rr 01/ n - d JJ 81 S 80'IO'l r d d ld joe1o t 01/ ed 0 j' be u d"d"eI1 ov. ne j J ----LA....., Ilbo b en e.s V.'I.8 • e rrerte'I< 80'IO'l dd" d".snj evelI �·- .....-· - ....... .. --------· ·-...... . _., ................ fl �• �.. ___________, ........,....,.........,. ...,...,.. _____________ And each of the accused ..,,,..,.. having the Supreme Court of Appeals the judgment that of this court, July the court suspended 8, at which time, is being this copied, court said if able it accused, he would apply to suggested of said or either sentence that 'Iand of said defendants, Blanche B. Stanley, ~ law, and having herein until the record of them, may apply to extended. And the attorney for the commonwealth having made a motion for additional on the bail to to the court to have the record is made to appear to have the suspension .,. for a writ of error being execution .-., that of Virginia and it ._,,_J ~ indicated they might not be financially copied, __ thereupon, Ernest security C. Shifflett being examined and sworn according -to "O"' M al Q) thereupon justified as to their .Cl sufficiency, M the said Lawrence Dean and Floyd Shifflett, C. Shifnett and Blanche and acknowledged B. Stanley bon~ payable the -p-en~lty o~ Twenty-five . to the with as their the said surety, Ernest entered into ~ Commonwealth of V'irginiaAin Hundred Dollars, ($2500.00J~ QY .Cl .µ z ~ condi-l tioned and payable according to law for their personailla(xx : and to such other time or times to which this case ma,z be conappearance before this court on the 8th d~y of Juiy next,/and not to depart I thenee-without recognizance void by order until this leave o~ ~ourt, -charge 1-s finally of a -competent. court. and be bound under tbis disposed o-r or is declarea· , ���----...,........,._ ~-.,,.......--....------------~. j· �Karch 18~ 1949 Re: Lawrence Deen and Floyd Shifflett v. Commonwealth Record lo. J5ll Mr. M. B. Watts, Clerk Supreme Court of Appeals or Virginia Richmond, V1rg1n1a De&r Kr. Watts: As requested in your letter or yesterday, I am sending you herewith by registered mail •couonwealth•s Exhibit l" ~nd wzxhib1t l or Defendant• 1n the above oase. Mr. J. K. Hiokmhn, attorney these from the record. for the ~efe~ants, selected Yours very truly, J. Robert Switzer, JdS:mb Elles. 2. Clerk �:t 1 l:. l t 'l �CHIEF JUSTICE: EOWARO W. HUDGINS SUPREME JUSTICES:. e. HERBERT JOHN COURT M. B. WATTS OF' APPEALS CLERK, GREGORY W. EGGLESTON C. VERNON SPRATLEY ARCHIBALD C. BUCHANAN ABRAM P. STAPLES WILLIS 0. MILLER WILLIAM OF' VIRGINIA DEPUTY RICHMOND W. SMALES CL.UUl, Richmond 10 March 17, 1949 Re: Lawrence Dean and Floyd Shifflett Record No. 3513 v. Comnonwealth Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Mr. Switzer: In the case of Commonwealth v. Lawrence Dean and Floyd Shifflett (now in this court under the style of Dean and Shifflett v. Commonwealth), it appears from the judge's certificate at the end of the transcript that there were certain original exhibits which were directed to be certified to this court. I cannot find that these exhibits have ever been received. Will you kindly look into the matter and if you have them, forward than to me at your earliest convenience. Yours very truly, c=:4~ MBW:lch Clerk STAUNTON ��t- ,fl'.;/ r: • ~ 4--foff~V~.... ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ...P.~.! ... .J~· ..'!..... M . .'!.....Q~~.~~.r.1..~:r..! ..Jtq1J~A ... ✓ ~.~J..~.~.r t, ....... John ...Ro.a.ch.., ..... T.o.m ...B..~1.l~.~.P.4.... J.o.h;o, ...P:ut..:r..V... ................................................... . ••••••••••••• .. •••••••••••••••n•••••••• ....... •••••• .. ••••••••••••••••••••••••••••••••••••• .. •••••••••••n••••••••••••••••••••••••••••••••••••n••••••••••••••••• ......... •••••• ..... ••••...-:•-~-- ................................................................................................................................. ____________________________ --- ___ _ .................................................................................................. -..................................................................................... ,......... _ ······-······················-···----······ ...... ...................................... ____ ......-................................................. ..,.......____ ,.__............................ _ to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the. ...10.thday of Oc.t.ob.or. .................. -·········---········ 19...4.9..., to testify and the truth to say in behalf of the Commonwealth against. ...........•............. _.............................. . ........................ LAWBENCE ...DEAN....a.nd ..F.LOYILSH.IFFLETT....................................................................... . 0 •••••••••••••••••OHOOOHOOOOHOHHOOHOOOOOHOHOOHH•• .. •••••--•oouooooo••••••o••••••n•••••••••••••••••••••••--•••••••••••••n••••••••••••••• .. • .. •••-•••••••-.-.•••••••• .. •n••••••••••••••••••••••••••¥•• who stands charged with and indicted for a felony H8@m68.IK.r. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ,r.Ree£R~-9Wff"LER;-6lerlt-of om-smd£'ffllrt, at the Court House,.the .......3..0.th day of ...S.ept.embe.r ............ , 19..49 ...., and in the 1 .. Tfl ■ ,aav1c1. .... u. HAa&UON ■ Ul.<o, t'A, monwealth. �COM. V • ) Subpoena LAWRENCE DEANANDFLOYD SIUFF.LE~T To October 10, 1949 at 10:00 a.m. ~4~ !)/ �Executed the within summons at the office of Dr. N. M. Ganter, Professional Building, s. Main st., Harrisonburg, in Rockingham County, Virgtnia, the usual place of business of Dr. N. M. Canter, by delivering a true copy thereof and giving information of its import to Thelma Brunk, the person "o J.nd n ch.a;;:-ctJ e-f- -such pTace qf bustness,this 30th day·o~ Sep ember, 1949. for ..!::!t&ki;·d:c~~~~, ~:::,;::. R~l.• ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~.✓....-:;!/..~..~.., You are hereby commanded to summon...... fy•:••-;p•,•;-:;;:_••~::••:~••:~••••••••z;••••••••••••~•••••••••••••••••••••••••~•••••n•••-•••••••• ~~""; .. .. ••••••••••••• ........ ,~..~n.c-7- ..~..>=:-:. .... /~ .......... . : ~ .......................................................................................................................... ........... • to appear before the Judge of the 9!cuit at 10 o'clock., a. m., on the.f.Q..½;y ' C<nrt o);,Roclu7gham County, at the i::O#rtHouse thereof, of.......... ~'. ................. 19 ..4,,o t1tify and the truth to ~~~.~ .. :~~,.·~·~.k;:;::;;;'>;~~_z.;::;.. ..~::::::::::: ................................. --·-.-..... ,_I_., ....... ,............... ,.... ,... ,.. ,............................ ······ ........... ,.......................................... .. who stands charged with ¥nd indicted for a felony mistlemeano,. And this you shall not omit under penalty of £100. And have then and there this Writ. WitneJA--f•_ROJJERT 'SWITZER, Clerk. of our sa~t, at the Court House, .the .~ day of .~~........... 14..7,and in the/./ . .. ye ....... of the Comm nw_~alth. k. ��In the Name of the Com~onwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to S#m11tMl ..... County, Greeting: #.:.~ .... x~.~~ ....... . .~·~:··;~·~:·~·········-;;p·-p········1··········y-;~·~················································· ..............:........................ . r-•~•7•u•••~•~•/••••*••@•~•••~•r••••••~~••••• to appear before the Judge of the.2i£~it CO#rt gJ Rockingham CO#nty, at the Court House thereof, tl...~ ...... 19.d..9to at 10 o'clock, a. m., on the./.~/.1t;ry of ......... testify and the truth to ~:'';;;::;:;;::;;~:./..~;:;;;:;~:::::::::::::::::: ~~~.~~ .. .. ······•··•····•••••••••••••••••••••••• ..••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• who stands charged with and indicted for a felony 1'1"tkmeanac I" And this you shall not (!mit under penalty of £100. And have then and there this Writ. !./.J.:t.!.. ... WUn,u, J. ROBERT SWITZER., C/,,ok of ...-_uj,IJ!;l_t, ,t the C...-t H.,..,, the ... J,y of~ ,94._1, and m the/1//./;t.;",M...~. ' Cle,k ��In the Name of the Commonwealth of Virginia: ............................................................................................................................... -~ ....................................... . to appearbefore the Judge of thf!i!Jf!!!I Court Rockingham County, a:,J_J,eCourt House thereof, at 10 o'clock., a. m., on the./f~of........... . ................-::.. ..........191:/Yto testify and the truth to ·:.~.::·'.~~=~~-:7;;;:;:•~. ······ ...... ············ .................................... ........................... ,,. ······ ......................................... ··········· ....................... ~.. �.It ~ g. s- i g t~ ~ ~ I ! l i �•~ ......_,...--...... -11!115C'l"ll'-_.,•~Jr..w_..,..,o ... , ___ .,.,.~ .......... t-o her. Not 1'inding...VJW:.d..d.~~5c:l:::!=C:M.-..,.11!!~"='tc'!i~~~:a 6 - ,I£'..- pt ace of abode, Executed . tn,e oopy of this--~~-' ,L. ._}_J ~ --~ ueual place of abode.~ bv deliver! "8' a Jb✓.,.-.<!.Y'. £&, J1I.M . . _ lnperssn,atsald.~~ ,J.Ulj,dr ;r- p ·-· /1 · ... member ~•::;,"'J:°#'"z.✓ -~•ain; k<,~t),(@ ~- he purport ~ r thereo' o· ��Not finding place of abode, Executed true copy of this. ~ dd,f!,,,,. • z._.,. ,Q..:.. Wij .l=. t,~ . .. --. ........ bv delrverlng •. to/ hu.l! ab"'J.th°tJ.-;;z;;• ~.~(£~.~- d....Jo a. ~ in pe,son, at said-~~ usual place of abocfe...~ ~~•::,~ily at hla ll8md . ;;:: ., eing a member the pu,port of the,eor -- ��• ♦ .P ........ ♦- •• .4 2.0 1.6 1.6 5.6 ,1,5.:, 0 * 0 0 0 0 * ~ 7/ . ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon_ ......J..Ohn ...C.r.. County, Greeting: Jr.t.ar..d ............................ ----····················· ·······················································································································································-······················---- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10:00 o'clock, a. m., on the ...lOthday ............................................... 19...49 .., 0L~---·····Oc.t.0b.er to testify and the truth to say in behalf of the Commonwealth against.......................................................... . ...................................... LAWBENCE ...DEAN...and ..F.LOYD ....SHIF.F.LBT.~ .......................................................... . who stands charged with and indicted for a felony flWSQ81lHM1~8'11P And this you shall not omit under penalty of £100. And have then and there this Writ. at the Court House, the ......2.8.th. Witness, f.-R..~~~~,.~l,e~.Q.W:;.sai,d,.Gow.t, day of..S..ep.t.e.mb.e..r ............. , 19.!4.9...., and in the 1.1-r.",. -.u. ~-:::,.!rl,-= e:h!rtc Tfta :HAVIC& PUU, HAR&ltONauao, .... �COM. V. ) Subpoena, LAWRENCE DEANand FLOYD SHIFFLETT To October 10, 1949 at 10:00 a.m. C/-af./ltTHE COUNTY01' EXECUTE!) ROCKINGHAM BY DELIVERNGA TRUE C T �In the Name of the Commonwealth o.f Virginia: To the Sheriff of Rockingham Cou , Greeting: y OU are hereby commanded to summon .......Dr..•..... N.•.... lf.•..... C.ante.r........ .Dr.•.... H.•.... He.lhert., ................... ._ ..and ...R...... :E...... T.1171.er ...................................................................................... - ...... ;................................. .. ··•···································-···-···----··········-···························· ······~--·························-······-·--······...,......-- ·······································-··-······················r--·········'··········J ··············-····-·················-··············-····-•················ .. ···········'-·······••l-••······ ..................... 1 .. -·-···.Jr to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..1.7.th day of ......... ........... June .. .. . .................. ......... 1948 ...., to testify and the truth to say in behalf of the Commonwealth against ..Ls:wrenc.e.... Dean ...and ......................................... .l:Qd .. Sh1!t1o.t. ·····························································~···-························ who stand~charged with and indicted for a felony 111.iiMMUi!.MIWIII And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, tl~~¥HR;~~~ day of.........J.una ......................... , 194.8....., and in the THE SERVICE PRESS at the Court House, the .......9.th ..... . �COMMONWEALTH V. ) Witness Subpoena L~WR~NciDEANand FLOYDSHIFFLETT To June 17, 1948 at 9:30 a.m. Witnesses: 1. nr-. Canter 2. Dr. Helbert 3 • H. E. Taylor �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham -"T•••••••••••••••t'..-•-• •••••l-•••••• .. ••••••-••••--••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ................... ., ........ .,. .............. , •••••••••••••••••••••••••••••••• ••••••••~••••••••••••••••••••••••-•••--•••n•••o•••••••••••••••••••••••••••••••••••••••••••••••• •••••••••• _ .. •••••••••••••••••••••••••••••••••••••••••••••••• _..,Oo00-00•••••••••••••••••••••••••••••••••••••••••••• .. ••••••••••H••••••••• County, Greeting: .......... •••••••••••••f--••••••4•,r•••• .. ••••••••••••••••••••--u--•••••••-·••••••••••••••-• .. ••••n••••••••••••••••••••••••••••••••••••••••••••-• .. •••••••-•••• ..... •••••••••••••••~• ..... •-•-•••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..17.th day of..........,._...,,.,.....~·-· . • • ............................................... -".19...48., to testify and the truth to say in behalf of the Commonwealth ...............l.o~....t-le against ....Law.r.enc.e ....De.an ...and tt ....·····················-···············-··············-··········•····································· who stands charged with and indicted for a felony mtede"1.@M}@Pl And this you shall not omit under penalty of £100. And have then and there this Writ. f. &G~J;P,.J: eW,l+~..(;leirlulkJ.tKI.~ 172n day of ........... ..Iune..................... , 194.8 ....., and in the ........ ye Witness, THE SERVICE PRESS at the Court House, the .......9.th ...... �COMMONWEALTH V. ) Witness Subpoena LAWRENCE DEANand FLOYDSHIFFLETT To June 17, 1948 at 9: 30 a.m. Witnesses: 1. John Roach 02i E-t H 2. 3. John Duff Tom Bailey �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: y OU are hereby commanded to summon ....c........ w...... S.a:un.de.r.• ..J......J.r. ........... v........ o...... S.mi.th..... ...................................... and ...iT..obn. ...Craw.f.ord ..................... ··························-···-························· ..··········•··········-········- - ................................................................................................................................................................................... ,................... .............. •••••••••••••••• .. •••••••••••••••••••• .. •••••••• .. • .. ·•••••·••••••• ...................................................... .. ••••••••••••••••••••••••••• .. ••·••• .. ••••••n•••· .. •·••••• .. •••••••••••• .. oHO·••••••••••••••••••••·••••••••••••••••••• ...,.-r-••····~•.......... ~.~••••·••• ................................... ••••·•••••·····•=vP••--••··•..._•-..•-..._.--- .. .. •••••••••• _ ..................... ..... ~ •••••••-• ............... --.. to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..17..th day of................. J: ...... " ....:.....................................• _.., ······-······l to testify and the truth to say in behalf of the Commonwealth against ..Lawrenc.e ....De.an ...and .................. Floyd •••••••••••••••••••••••••• .. ...-- t-················-·······-·- ••••••••••••••••••••---•-•••••••■-•U•••h••• .. .. ····-·-····································-·····················• •••••••••• ■••••--•--- l. ................ ·-········-·· ----••¥••·······-··········-·············-····---· who stands charged with and indicted for a felony Mi!!d@M~l't And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,-:J°,.a.GBi;& 1=-e-w.I'I=~ day of ........... .Juno.·---, THB SBRVICB PRESS ~It,~~~ at 2n 194.8 ....., and in the ~c.=:-;e~µI~~ the Court House, the .......9.th ..... . �COMMONWEALTH V. ) Witness Subpoena LAWRENCE DEANand FLOYDSI!IFFLETT To June 17, 1948 at 9:30 a.m. Witnesses: 1. c. w. Saunders, 2. V. O. Smith 3. John Crawford_ Jr. I -- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon·-····~?.. .......~~·~·~·~···············································-······························· •••,••••••••••••••••••••••••• .. •• .. ••HhO••••--•u••••••~••••••••••••••••••••••••••ouoo•--•• ~--• .....-••••••••- •••••n•• ....... •uo•u•• .. • ➔••••••••• .... • .. u•n••••u•••• .. ••••••• .. ••••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the.2.0.t.b day of....................... w.,n ..•.•. r ................... _, ................................. 19 ..iJ:L, to testify and the truth to say in behalf of the Commonwealth against..Law.r.en.c.e ....I»..an.......... . who stands charged with and indicted for a felony Ift~M'lffl'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ~~~E.R.~ ~:f"~eR-,-Oierk,,f-crur-s:rid-€«:mrt; at the Court House, the ...18.:tb. ...... . day of .................. ...~Y THE SERVJCB PRESS 48 172 , 19............, and in the-tt,t-:-: ...:-:-: ...::-; ...~.vet:~~:he. �COMMONWEALTH v. ) Witness Subpoena LAWRENCE DEAN To May 20, 1948 at 9:30 a.m. Witness: Joe Sugaroo KXEcuTED5-/f..Jfn~ THE COUNTYOF ROCRTNGm.ttBY DELIVEfµNG A TRUE COP OF THE THIN ~:,c~ TO_:;;,.~=::..,~~~~~=z2_ __ _ IN . szdt,1-<r~ �Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ...John County, Greeting: ... Q~aw.f.o:r..d ....and ..Har.l.et.2'-.S ...E .......T.8.J'1.or. ... ••••••••·••••••••••••••••••••••••••••••••••••••••••••••••••••••••••·••••• ..·········-························································································ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:Jo'.o'clock, a. m., on the ......l'1.tb........ day of. .............Jl&.y..................................................... 19 AB .., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY .....1n ..:th.e. .......................... ~1'.t.~ .... Qf...L.~~~.nQ.t...D~.~ ...an.d ..F.l~:y.d...Shif.fle.tt ............................ . who stands charged with a felony •--.,.<NAntl this you shall not omit under penalty of £100. And have then and there this Writ. Witness, fi~~•-61Q.l.•eM,-Gl,.-~ .. j-tH#◄tli•~I, at the Court House, the .......8.th ....... . day of. ..... .llaJ: .................... 19..48, and in the.l.:/. THE SERVICE PREU, HAa.a.JSONBUI.G, YA. �COMMONWEALTH 0_-f>A-""' ~<J;....AVS v. ) ur~u~ ummons LAWRENCE DEANAND FLOYDSHIFFLETT To May 17, I948 at 9:30 a.m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........... 1111.i.ar..d ...D.e\Y.1..3................................................................... . ••••••••••••••••••!"H••••• ..... • .. ••••••••••••----•••••••••••••••••••••••••••••••••••••••-••••••••••••••••••••••••••••••••••••••••••••••H••••••••••••••••••••••••••u••••••••••••••••••••••••••••••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...1.7.thday of............. :.............. .J.\\Jl9............................................................ J9.48...., to testify and the truth to say in behalf of the Commonwealth against....La.wre.n.c.e. .... D.e..an ....... . ... . ~ .... ....~ ···""."'"·········d·· Fl.oyd ..Shifflett who stands charged with and indicted for a felony ......................................................................................... . Mt68@rftet1.f!.e1."1" And this you shall not omit under penalty of £100. And have then and there this Writ. at the Court House, the .....17..tb..... Witness, f.~S-WFF?£R;€~-ettr-said.-&m!t, day of.._··········-·JUI).8 ............., 19.....48, and in the THE SERVICB PRESS 72nd �COMMONWEALTH V. ) Witness Subpoena EAWRENCE DEANand FLOYD SHIFFLETT To June 17, 1948 at 9:30 a.m. �selected List or persons lbt:at:Q from the regular Jury list as :f'ortllwi th provided by law, to be summoned/to serve as jurors.upon the trial of Lawrence Dean and Floyd Shifflett, set ror trial /J. this A. Bollen Harry i· 17th day of June, 1948: y jl ~ C. Long ✓ \ Robert F. Garber \ Chas. W: Wampler, Jr. \ A. ~ s. Kiser Isaac C. Shifflett Raymond Weaver ~ t/ J . F. Byerly I ~ Roy L. .Frank ' VJ. o. ~ Beard John D. Moore· Drawn this c. Smucker c. Button vile. A. A) ft. A ~J",a· c. c. c. c. Joe R. Rhodes f'John P. P. l;\1.,/JA.' L .. ,- .. " ....... P. Zirkle I B. Westbrook Hawkins £:U H,!1/ /John H. Rolston I 7 ;J,'l H. ,i Paige P. Price f-' Hubert B. Layman L. • Beery H. Kay charged with felony, Garold Myers t &-r/ff~-~ H. H.tQ..t- -,{iijf3?,L a.V L. ( D. C. I,. ·v'Harold E. Shomo P. ~c. .tic H. ·w111iam Frank H •• / I 17th day of June, 1948. ____________ , Clerk. ____________ , Judge. Drawn in my presence. H. ��r PMn OFTHE-,FORSECUR.i ARMY0/\Y.AP- Mr. J. Robert Switzer, Circuit Clerk Court of.Rockingham Harris on burg, Virginia County �... ... - - SUPREME COURT OF APPEALS OF VIRGINIA Richmond March 21, DEAR S1i~ I am in receipt of two original exhibits in. the case of- ..!D:sze..asn~.u&..___.S;ub.i..1u:tr&...fl~oe-1..t-l.lt--vs. Commonw&al th Which will have profer a.ttention. 1949 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lawrence Dean and Floyd Shifflett Subject The topic of the resource Felony Assault Description An account of the resource Defendant charged with felony assault Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1949 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_007 Dean Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_002_commonwealth-v-lawrence-dean-and-floyd-shifflett.pdf 3ed081780bb04e210b2f3acad3ad95ae PDF Text Text Trial Justice Criminal Court Docket No. A .. ,)_ 7-2J Com'th v. ~ Q.W( lo J; :J...- :i.,..!J- Y-7 Jt.lJ..- ►..1J . -2.,(lh,_,, 7o - '/-.,-,, ,:JI ..l; n - ,- ""... ..,, :2 loTo i p. 1-1· P.M· 6.,.,1-''11 ~:?.JYJ· J- //· ff s~»; Convicteda $50 & eo$'ts oO ays Jail"Susp pay fine & costs Appeal noted and grante~ 7-ll-49. �' �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA: COMMONWEALTH v. CHARGE TO JURY LAWRENCE DEAN If you find the accused, wounding H. E. Taylor with malicious or causing intent, Lawrence .Dean, guilty him bodily as charged in the so and fix his ~•punishment by confinement a period of not less bodily him guilty therein of unlawful charged, finement injury, in jail exceeding five If afo~esaid, years, hundred you do not find injury, punishment of not less in your discretion, twelve as by con- than one by con- months and by a fine him guilty him guilty by confinement or by a fine bodily but find not dollars. in the indictment, such fine or, not exceeding but find punishment both five a period far wounding or in the indictment, his say ten years. of malicious say so and fix for you will in the penitentiary wounding or unlawful in the penitentiary finement months, as charged you will year nor more than charged him guilty by any means, indictment, than one year nor more than If you do not find malicious injury, of of either of assault then you will in jail for not exceeding five of the felonies and battery, as further say so and fix his a period hundred not exceeding dollars, twelve or by arid imprisonment. If you find him not guilty, you will say so and no more. ��.All et the lllat1•••• Pr••••t: .LAW.RDCE DM.NANDJ'J..OYD SB.IFn.ETT •T• Reoor4 Bo. )~l). Oi'IliIO.NBY JUSTICEC. VE.RlfO.NSPRATLEY, Rioluaon4, Va., April llta,19~9. COMMOHWEALTB 07 VIRGINIA JROKTHI CIRCUITCOURTOJ ROCXllfGHAI( COUNTY; w. v. lord, Judge. ot the Cirou.it Court ot Rook- At the Aprll,1948,tera 1apam. oou.ntT, an 1Jld1otment was returned 8ll4 l'l.07d. lat ittlett, waioJa. oll.uge that againat Lawr•noe Dean t..b.•7, "on or u.bou:t t.ne dq ot May, 19.le.8, in the OouatT ot Rooltingaam, 41d ualawtu.llJ an4 telonloual7 ooabine, the purpose ot ooJlllitting 'l'a,lor, together t1g\lJ'9, cU.aable or kill, an aaaa\llt and bo4117 inJur1 upon R. E. tae7, and in pursuance or said ooaepiraoT and the said Lawrence Dean and 11074 Shittlett, la all4 upon the ea14 B. K, Taylor did JUlke an aaaault ■ aid B. E. 1'qlor beat and woUDd•1th tor .tda, the said B. E. Taylor to me.ill, di•- with intent oontederatioa, oonapire and oonte4erate l&lllawtullJ, their riata wit, a traoi\\l"ed nose, bruise• telo oulJ and him. th• and malioioual7 and oauae hi.a and lacerations, did 4117 1•JU!7. with intent tohim., �-- l • 0 '1 • l • 1 • l l C r t .. l:. .r1 • .t ~ l l d l l - .[ L ! l • l l l Li • t • t 1 • l �tll• a. x. aa14 Tqlor, then and there to uia, dlatlgure, 41•- able or kill,••*•" On Jue diotllent an4 17, 194-8, the defendant• to quaah 1t on the groun.d that lll0Te4 oh.ara•• ot iwo otfenaes, other, dem.urred to th• ia- one, ooaaplrae7, it 1noluded a lllisdeaea.nor, and th• mal1o1ous aa1a1ng, a tel0117, wb.1oh deauner oourt OTerr\lled. indictment th• cou.rt auetaiaed. relatiag wlrl.ok a,tioa were uraigae4 The detendanta then aoTed the oourt to beoause it had ruled upon t~e toregoing murrer and motions when neither ot the aooused was present Th• court ewsta1ned their on A Ju.:ry as alll8nded and eaoh pleaded not guilty. a Jliatrial person. to a eonapirao7, TJlereupoa the 4efeadanta waa ia;paneled and sworn. deolare trom th• The deteD.d.anta then moTed \o strike the lacaac• th• iadiotment and motion the motiona, declared deia a llistriel, and dla har e4 the JUJ• Thereupon tu d1ot strike at on ta• 4et nda.nta demurred io the oricinal grounds torurly from the indictment The oovt oTerruled ase1&ae4, and aaa1n mond to the lans~ac• both the deaurrer tendanta were rearraip Jlll7 was then 1apaaele4, 1a- relatiag to a oonepiraoy. and the motion. Th• 4•- 4 an4 eaoh plead. 4 not guiltJ. A new awon, and Gh&J'IMa• tollowa: �- .1 l it 4I l.l • • .[ ' .! • • 1 • l l .r. • "l l l l - l .( .t 1 l 11 l L �•It 7ou tind the aoouse4, Lawrenoe Dean, gulltJ ot or oauaing hill. bod.U,- in~u.r7, l,7 a.n1 aeana, woudina B. •• 'lqlor with aal1o1ou• intent, as ohar&e4 1n ihe 1nd1otaent, ••1 ao and t1x his puaiahlunt DJ oontineaeat you will in the pea1tant1arJ tor a period ot not less than one year nor iaore than ten years. "It aal1o1ou.s bo41lJ 1•Jlll7, hilll pillJ therein ot ma.liolous wolUld.1.ngor 7ou do not t1n4 hi.a guU,1 as oharge4 1a the 1nd1ot.m.ent, but tind ot Wll.awtul woun.d1ngox- unlawful 'bod.11.J'i&J\U'J', aa 70u will oharged, ti.neaent .so and tix sq in the pen1tut1ar)" tor a period ot not less them one year nor more \han tive yea.rs, or, in tinement in Jail his pu.aisbment \l7 oon- JO\ll' 41aoretion, 07 oon- not exoee41D&twelve months and DJ' a tine not exoee41ag ti ve huJ.u\re4 dollar•. or either "It you do not tind hia guilt7 .felonies aa further e.tore ■aid, but find hi• or th• ot aaaaul t and bat"t•J"J, g\l1lty charged in the 1nd1otment, then TOU will aa7 so and tix hia p\1Disluaent 07 oont1n•en~ 1a Jail tor a period not ex- oeecllllg twelve month• or ~7 a tine not ex eed!ag t1Te hundred dollara, or by both auoh tine and 1lllpr1sonme.nt. •It 7()Q tin hill not g more.• -)- l\7, 7ou will aa7 so &l'ldno �t e Lt ,: IJ l:n I 0 ~ .i.l: u o l .( u l u .t't • Ll~ '1 l 'j'SJ I t ~ 1 n .I l -.a~ 't l C #t .u .[ OQ: '¥ I t al j ~ i._ 8 l • .I' £1 t .L_ .t't a ...,1 0 l oJ Lt IJ vl't :1 0 • .. .i: t 1 "I iJ l Jl ll rt:-n l -I �A aimila.r ohuge was g1yan 1a the oaae or Ylo74 Shitt- The 4efeD.4uta oauae ot its failure aa to the otteaae ruled, ooJeote4 to the o.b.u • to th• Jv1 l>•- to include a 41r•ot1on of oonapirao7. Tb.is oiJeo,ton that th• indiotuat hold or a •~1o1ou to JU.lee a finding aaaaw.t, an4 that the court oYer- aolel7 ollarge4 the oouisaioa •ea• whioh referred to the l a OOIUIJ)irao7 was but a JU.tter ot inducement or a part ot the teloDJ' ob.araed. the deteadant 'l'he trial then pro•••4•d waa charc•4 with ta• upon the ,heor7 that felony oal.7. After hearing th• eYideao• and instnotiona court, th• Jv7 returned a Y•rdiot ot •• ding K. B. Ta7lor with llal.1oioua iatent, 1nd1otaent," and fixed penitentia.r7 tor two rears." guil\J aa ohuged 4eteD4ut, "his pu.nia t1ad1ag "Lawrenoe Dean, guiltJ aeat 1A th• pea.ltentiarJ" 'l'b.e7 further "his pwiiahaeat aontha." 4ulJ m.oYe4the oour\ to aet aside tb.e trial toWld "11074 Shittlett; or aiding a11daoeit1n& the and tixed tor tit•••n as oharced in the eat b7 ool>.1'1aeaent in the 1n. tile 1nd1oiaent, Lawre oe Deu," or the ••nio, l,7 oon.t1n•- The defendants and grant a new tor reasoaa aaa1pe4. 'l'he oourt OYerrul.•4 ike exoept1oaa and entered Judp a, �.[ l. 0 l l .t .l l 0 1 l '1 1J 1 '1 l L l l l • • l ' ! l 1 l �aooor41ag to the verdiot. We are asked to reverse the verdict on the grouad.a, tirat, to sustain quah tailing that ,he oourt erred in tail ,he de.aw.rrer to the 1nd1otaent an.d end the indlota•nti to strike Shittlei\ or that wu guilty second, that the court erred 1n reputation ot tlu ottenae ot Lawrence Dean, eharged; and, third, illp:roper •vidence as to the oharaot•~ should etate, the nature ot the oase will perait, 1nten4•4 to be oaarged, with as muoh oertaiAty tae taota ao as to olee.rl7 apprise • enable hla to prepare his defense thereto, ooaT1ot1on or aoqldttal the ud thus and tur\her that tho may be plea.4ed in bar ot any tuture tor th• same otten••• Aa a aueral an4 t.h• sue rul.•, a detendant o&J1D.ot'be ahar&e4 in oae oount with two or mo.re 1n4epo4ent a bJeot to ditterent pr•Ten as which coaatitut• acoused ot the oriae with wh1oa he stand.a charged, proeeoutioa t.b.a.t ot the detenduta. An indictment the ori•• u 1nautt1oieat aa an aider and abatter ,ne oourt erred. in ada1tt1q and general and the motions to the OOlllllOnwealth'a evidence, to eatabl1ah Dellll and aet aside the JWlpeD,, oontuaion, peaaltlea. aulti~lioation ottenses, as au.oh, 'l'he reason ot the rule is to ot iaaues, aad preJu41oe to �.t l V ~ a l ' "l r L • ..i t 1 1 1 �Hatoh9r v. OolllllOnw•al h, 106 Ta. 827, j5 s. E. 677; a defendant. 121 Va. 112. 9J S. E. 652i Dige•t ot Va. Pine T. Qgaonwealth, • w. Va. Repena, 4,2 o. J. s., S, Pa&• 6)), (IU.o.tUe), Tol. Indiotm.en~• &114WorJ1atioaa, We have JltJlJ tiau hel4 that Code, 19~2, (Mio.hie}, utm1ng ao,, 1a puel7 1.Jl an 1ndiotunt ia neoeasary seotion atatu.t•r7. to aooura\elJ ot the statute. ot that Conapir Vir- 4402, aoJHt1• • ea.lled th• section and adequatel7 In U .Aa. Jur., 162. 11ld1otmenta tor ataiuto17 It 1• aot req\liaite tor a Tiolation oite4; page 1112, section otteW1es slaoul.4 be oouohed 1n th• laaguqe ginia and oases to ch &• aa, more than charge the telony. J, aeotioa 9, page 5A.9, i't ia aa.14: "The nle diotiona that appears 'to b• well settled a oonap1rae7 to ,, .. ,., and punishable orille, rule where the equal gra4e, offense as auoll, notw1th•tan41n& its obJect, ot whether the oonspirao7 the This is the wl1Ter1al 7 an4 ta• eieoute4 aa4 alao aeeu grade ot ott•n•• ~ut is a 41•t1not haa De•n aoooapliahed. oupira Juria- ommit a or1 • is not merged in the oollDlisaioa ot the OOJII.Pl•$•4otteaae, ot itaelt in aost to l>• 1enerall7 aot are orillea ot true now ngardl••• or ita obJe t ia regar4e4 aa the sue or th• one ia recarde4 aa ot a higher gl'ade than. �.. '""' • • j r . ,Ste Q, oJ:tt ...., V mlj rt. .! - nl ;i 0 • • • ~ Yflil l1o ,ill S ~.( r e 1 l,l ho~ i C .t J:. Lol · l .t 't't 0 "I .. ' jf _ g ' d .u 'l l 0 ;tl LJ • no· u ) ( a In 1J II&l LS I "'J: l. l .O'n . ~r , S::I.Cl a -:rol . L, I .( l o - . O.[ ,ti ' 3 0 ; ~ ~ '. ' .[ a. :0 E 1 T l I;t.:t nl - l rt .. .n.l l .lJ. !l.t t l uet 0 8 1 11 _"ID l 1:"t Lu:t l d l b I I "l V IL "L .rl L ' .. II lq srlj J.. n d ! 0 E. l l ml o i!i ' ..1 l.t 0 a 11; b I 3 B to b "! 1 ... "! "l ...... 1 I .n L 0 2J1 '? 'l �\.b.• oth•r, as where one 1• a tel0117 aad the other a aia4euaur. Soae ot the cas•• haTe atat• -., w,q ot 41•-tua-tllat --••tl7 where a oonapira J ia a a1a4eaeanor and it• atan\iTe or1ae, atanti•• or11185 but this applied a telo 7, the o upirao7 doctrine ob,eot, would •ers• th• •ubin the au'b- haa eeldom been actuallJ and seems now to haTe been generall7 abandoned.# The 111.noritJ 1'111• was tollowe4 ia .Aathonz •• Ooam.oaw9alth, 88 Ya. 8lt.7, 850, 14 "But al.tho itself s. into etteot, spired to be done be a telon7, audit tor the 00D.Qirao7." In State•• 7et it the aot oon- 1• curied into etteot, ent should be tor the t•lol17, WisJUJ1, ~J ia al.J10at the 1dentioal w. Va. la 183, 116 uac• ot or oOD.apua 7 therein oluded la the oriu The 1nd1ot•n~ Commonwealth, s. ot aalioiou E. 698, an th• one before us th• W••t Ylr 1nia oovt tha~ the leaaer ori•• rater and not (Citing oasea.) was held good upon 4eaurrer, of the ott@aoe b7 is oo:m:m1tte4, the oonap1rao7 ia merged in the tel0117, and the indict in41otaent '!'here 1t was aaid: h the ooaaplrao7 is a o• ple,e before it 1a carried and the'teloJ17 I. 284. holdin& oharged waa ia- uaault. betoro ua, aooor41 to the oon~en\1on rel7 sets out the pnl1Ja.1D.u7 atec•• of �b • 'I l1 n d 0 1 tic ;t -:L.t. 'I Ll '"l - .,lj Q; tiJ al I - • ,e .t ,::t 0 0 T iJ j • C alI II 0 l s c, - I -. ~ . e ' I t a.t l 3 0 1 0 Bl ~l J j~,: 1 l. dtl o!'9 't.l o1 .n :to { .e .[.[ 'l "l. £ l . u) I l .t l 'l n al 'Ui LI l -n: .10 0 l • . l. I ! l l tI to 0 �the t loa, oharge4. It 1a contended tut th• all• oal7 a pa.rt ot th• general a oonapirao7 conatitute w.b.io.hthe orlm• charged. waa a part. neoeaaarr to oharg• a teloiq ~~02, and the7 can be reg81'4e4 aa •lll"Pluaage • th• oovt llligll aa to aoheae ot ••r• Wl- Sueh allegat.iou under the •aiJliD& oauae the aTerm.ents or the indiet a\lona aet, Code, aeotioa .Inasauoh as the7 ent ,o border upon d•plioit7 1 have pr perl7 at.ruok out the laaguage nlatiq to a oonapirao7. Virginia Without ~h• obJeotionaole Code, l9A.2, (Mi .b.ie), aeotion ~178. allegations, a t•lo Th.at 7 was oharaed. was the oal.7 oriae tor whieh the Commonwealth aought ooaT1ot1on, and the 0Jll7 oriae 4etend. oharge4 whioh th• 4eteD4ants lor the•• reasons, rul.1.nga ot the 'trial Thi• tliot. we tind no preJ\ld1o1al error in the court upon the demurrer an.cl :motion to strike. \triage us to the ertdeaoe wh1oh was in ahari, oon- In new of the conclusion a new trial, to were required we •hall whioh we haTe reached requ1r1q state oDl.7 ao muoh as 1• neoeaaary to a proper tul4erataad1ng ot th• reaalni.Dg quea\1ona. ot the B. E. ~a7lor 1• an ua4eroover inTeatigator Y1rg1.a1a Alooholi• ie'Yer•&• Control lloar4. work in the area near Bl.ban, tain.1».g 1Btoaat1o again.at Tirgiaia, violators -a- Be we.a uaiped to tor th• purpose of ol>- ot the .A. B. c. Aot. Re �l l • ) t • l l 't 1 • 1 �••• bi-otlgb.t into ooataot with ;olul Crawford, a aaape i•d Ylelator ot the law, who agreed to aot as an iat'oraer otura. h7lor The 4efen4anta, or auspeote4 Tiola,ora ·On J'r14a,, Dean and Shittlett, April )0th, on the ~ollowiaa ni troa th• latier. Elkton ot~ioer, them in to bq wh1eke7, that he had do11.ethis. ollllle to .Elkton a.ad ••t to Dean and Shitt- , tor the p\&l'pose of puroaaaing llaJ lat, and saw both Dean and Shittlett. c. lett On Saturday llight, Orawtord and 'fqlor Dean. Dean, when asked tor wh1alte7, aaicl. drc>Te waa there on a llhopping They enter- to Perr7 Baile7's een1o• aa\ 1a the baok seat and Dean on tae When tb.87 arriYed at Baile7'e, over and atoo4 aga1.nat tll• lett, to briJI& Crawtord, .boweTer, 414 not inform Taylor Crawford an4 Tqler driver. them. that He a aid he told e.ad. taai h• waa goiq ed a ear driven bJ Jl&ffJ .Lea, and seat with tll• liquor Orawtor4 went to he had none; but oould proba-17 ge, soae up the roa4. •tation. were on a Taflor met Crawtord and mad• an On Satu.r4a7 aoraing, Taylor was an A, B. he t'lll'niahed to 1'a7lor 1»7tellow ott1oera. arra.ng .. ont, wherelf7 OraW1'ordwolll.d take Tqlor le\t b7 aaree4 to pay Crawtor4 t2 tor eaoh Yiolawr h•l»•4 to oatah. list ot Tiolation trip. 'fqlor 1ot out aDd walked ai e ot th• a,atioa. who had known eaoh otb.er tor 1 Yl 7d Shitt- Dean u.4 Sl11tt- , becaa to wre•tle, �l l .t l .[ 1 .. �In the oourae ot th• wreatl1ng matoh, Shifflett was puahet. or shoved into Tqlo.r. W1taeaaea tor the oo... onwealth aa14 that Shlt~lett grabhe4 Taylor around the hipa and 'fa7lor att•pted aelt. Dean then grabbed Tqlor till& baok. Taylor ti a.ad began etr1king to tree hiahilll, with TQlor was thrown to the ground b7 Dean and waa aeTerelJ beaten about the tao• and heat. Witnesses tor "11• detenae teat1f1e4 leti, that Dean ud Shitt- who had known eaoh other tor somet1Jlll8, beoame engaged in a triedl7 grabud match; that at'ter they qu.it wrea\ling ue•tlin& Shifflett from·oehil14 ud began wre•tliq Delill ae.14 the aouttl oupt a bad ankle. atepped between Shifflett eparate Dean thu th••• and the two un Deu. duriq and Taylor to used the words and struok Dean wi\h hia tiat. Dean retaliated with the resu.lt stated. denied that h• h1i Ta7lor or aided and abetted the tlgll,. and T 71or and to •r1q He aa14 that be tried to separate peao• betw en thea. ot thea prior to the ti&,tlt. Dean Both detendants 4ea1ed that Orawto.rd ha4 reTea.led the ident1•1 thea or either ha4 said !qlor Ngan to tight, Shittlett with hila; and to be stopped because Bhittlett One ot the witnesses "aoa ot a bitoh," T,qlo.r ot h7lor to Thay said that tlle7 �I b t e l t • J l •t .1. lI l d' ~ 11'0 l ,_ • • l i1 I • l i ,r l 1 l. l \ �cl14 not kn.owhe waa aa ottioer tendaata did not p•t repu,atioaa their ot th• A. B. reapeotiv• c. Boar4. oharaoters Th• de- and seaeral in iaaue. Without pasaing oona14ere4 in the light wa• autt1o1ent upon ite weighi, ot ill to present we are ot opinion tAe oircwastan.oes, a Jv7 the evidence quea~ioa. ~h• oourt pel"'llitted the Commonwealth's attorney, the oaJeotion exaainat1on, trial J\ll7 to ask Shittlett, whether he had been ooavicted Justice oonv1ot1on. ot th• 4etendanta, oourt in J brual7, that, 1946. Bo evidence was presented on oroaa- ot petit Shittlett over laro•Jl7 1n a denied auoh a to oontra41ct him. The wu not told tor what purpose the question waa asked. SbJ.ttlett of assault was also asked whether an.d batter, 1a the trial ooUDt7 in Ootobe.r, l91t0, ottenae in llaJ', l9~S. an4 again He replied Juatioe in the atti.rmative, Th• Commonwealth's altorne7 ta• ot and W14er- ooaviotione. waa allowe4, on oroas-ex- \o aak Dean whether or not he had Hen reoent17 oon- vioted on an aaaault atti.raatlve, court ot Rooldllghaa ot the same oharaeter took to oJ:l)la1n th• reason tor on• ot udn tion, ae had been oonvioted charge. When the detendant th.e Oommonwealta'• atto -11- •1th.on answered ia the a■ ked hill, "That 1a �• J .I. l �ta• \lsual Dean replied your attaJ.ra, ae\\le WaJ' JOU 1• better that •T14enoe ot l>ad general \>e ottered in Virainia th.an tile nl.e oannot, in th• abeeno• r•p~tat1on in 1aaue •1 tirat hie good aeneral NJUtatioa." s. settled by tl'a.• OoJ1110:iwealth 1 unl. ss ta• haa put suoh tharaoter UO, 2) '?o thia it?" "5o." "lio rule ot stat\lte, iaa't ot~•ri a.coaaed evidenoe ot Jonep •• LaCroaae, 180 Ta. 406, 1. 2d, l~a •. ~alker v. CoJJU10nwealth,1 Leigh (28 Va.) ,1~, Culoer,aon v. Coam.oawealtA,1;7 Va. 752, 119 s. &. 87; Ba.rold v. Oommonweaj.t.b., 1~7 •~• 617, 1)6 Va. and • Ta. Ro rta, s. E. 6S8; D1&••t ot (lU.chie), Vol. 3, C~ia1D.al ~••• seotioa 101, and oasea o1te4. It is equal.17 well settled ouastances, under aiml.le.r Gir- it 1~ error to adait in evideaoe agaiaat an acoueed another apeolt1o ottenae DJ hiDl, wholl7 u.noonneoted with t!lat tor which ne 1• put on trial. aaaault and bati•rJ ditterent that, ta,• Ev1denoe ot the prior -1 ta• 4•t•D4an.\a upon oth8r p•raona at 4itterent plaoea, 147 Va. 66.), 669, 1)7 s. s. . E. l)J. 1 ot on w&a noi &4mia11Dle as oom- 1.ng w1ta1a aa7 exception to tlle rl&le. )8), 3911 1-0 ottensee ColT1A v. CollllOnwealth, 476; Limoay.ll .... OOJIWlOD.wealth, 1~9 Va.. �• I. 'l lL • • • •• l l -ii .~ o.l 8 i 0 lJ 'I 'S • I • • • { . . ) • i 1: l • • LL • : 1S • • • L •• • 1 • • 1 .be l - 1. ,U al 1 l II t • l I l I I .I.; y 8 - • 't , l o e l • • V • • • L- 1 . • �111ColT1n y. Oop.onwealth, supra, ,.tda was aa14 b7 "G•••raJ.17, it is not ooape,ent, on th• \rial or1111Dal.oase, tor the Comonwealth to otter prior, iadepend•nt Suoh •••tilloBJ ori•• plea41a.ga, and would be an utair aocuae4, who doe,~• eTery aot ot hia paai lite. ••••1111DD.7 ot a 1a no\ within the and pi-eJu41o1al ,o the 1upri.1e oome to the trial o~ a p:re:pare4 to Tin.dioat• Bul the exception ,o the rule ia aa well estaoliahAJd as the rule itaelt, that auoh •••tilloa7 a411.1as1ble, wb.en it ahowa 11.0tiTe, latent ia or gv.ilt7 knowledge, or 1a oonneete4 with or lea4a up io t•• o~t•na• tor whioh the aocuaed ia on trial. )96." 1 Wig. ET., •••tioa In Bland T. Oop.onwealth, 177 Ta. 819, 1) )17, the 4etenda:at waa ,:rled tor the la.roe Teati 'AJ waa a4Jl.1tted to proYe that E. 24, ot an automobile. be had been oonv1oted some tiTe years betore or aleal.1.ng amt.bar autoaobile. ,o.a, the toraer s. ooay10,1oa was a ••pua\• troa tb.at harged. and could. 11ot M properl7 ahow gllilt in the later It was held and dia\iaot oriae and l•&all.7 proYen to oase. In QULpDell •• Coaqnwealtb., 24, 577, tb.e late Ml-. Juatioe 176 Va. 564, ,,,, .Bro1'1liag, deallag 11 s. witb. a aWlar I. �• l • l • ' • ( • • . I • l: • t • I y .L. l • 1 il • .[ �que•tioa, aa14i •In. oontr 41al1no,1oa ot a orille at one -tlae, atruoture and a\ a 111)aequat The quet1oa• the etteot ot eu1;1q J\U"J' box, The 4eten4aau offense with which tuJ reatrain aa asked and '11• eTideaoe adduced had an innueato untaTOrable to tha were requae4 were eharge4. his ooaT1otion row mr: he aaa COJlllll1tie4otllel'a. perhapa, ot our ln oal.7 to••' into the th• apeo1t1• The rule 1s intended te 111!cAone ot nol~41ng regard• a detendaat, otteAse 'beoauae, It 1• againat.t.b.e tradition to oonviot a aan or a apeoitio he 1• 1•••rall7 to ottena•• proot within the 11.mita ot the oharge againat and to pNTen• ••olioa 1.aproper, under the oirowastanoes, ta• witneaaea io be questioae4 as to ap•itio were on trial. unfair ,1.ae M aa wait• ot aalTat1on UPon whioh it 1• built.• It waa elearl7 allow one •&T be gu.ili7 ot U• o lllll1 lo oriu MHlJ •• a aan ot ba4 reputation. beoauae The pol107 auoh eT14ea • ten4a to preYent ooatusioa ot iaauea, nr,priee, a.ad wa4ue :,reJu41••• 1 W1gaore, h'i4enoe, (.3rd. J7. 7or an 1atena-t1q diaouaion ot the h1atol'7, purpo e, -)1 , �. :b.t • n l Ll 0 .e d'ld 'l • • !l "!. 'II • 0 ! ;;t 'O :t oltav '!IJ.t J ol l -01 L n .to • l.1&l· T 'lrui 3nl a , t;t 0 "1 n: l: do 11T • 'to d J: 'l 0 l it. I • ':i jo ) ..o 0 • 0 ol L "to t.u ol .ba L t l or.: C ut I l ;-'I • t .d-.t t I. ,e ., J n 8 il l 0,1 "! "I oe • .t U"l I -b ,8, 0 q_.u .t .t b .d V ''I: o!':L. 1.t :n ' ' 8 - 0 1 1 • I-- 'I •nl o'I 1 .t "t!ll.i .l: 0 �aa4 traditlcm 4etendot'• or ill ot the s.n•ral prior trouble ,aat r\ll.• •1~h the law, apeoltl• fraudulent otten••• conduct to establish recent oase ot 10.ohelpa y. ll• or1a1nal aota, exoep, when ta• prior crill• au.e amoag his n.eipbora, ia an el ... at ot the later iae State ••1 aot ahow a or 41aoloaea a oo\ll'ae ot fraudulent i•• 69 s. i•~•nt, see the Ct. Re». 21), u. a• • • ,or the forqo1q :reaaona ihe ~udpleat ot the trial eo\U', 1• reTerae4, the Ye.rd.iet of the Jury ••t cause r8ll8J14e4 tor a new tria.l aa14•• and thia in aoeor4anoe w1~h the Tiewa herein expreaae4. ReTeraed an~ rem.anded. �l l l .. l. C 0 • �~ a arr char t - 0 ade etty, ssue him' in Rock 1th do e eoy rele sea and 11.respo s bil aving under ~ ~---,;.-~...-.q._- comr tted rge 1th that my nand th day oI ~ebruary Virgi,ia a simple tl e said l~ao~llt request ~tnesses: ~- ty on the gham County, 1ct ct sc~ and ao respectfully Giver did ror assault 9 LaNre~ce u on me. Lawrence ean from said alle ea assault, .t bed snissed. sa~d warr s 1th for 1 aay 01 ~ebruary 1~4 • ve Dean L ny �... 1 �STATE OF VIRGD.JIA COUNTY No______ . To-Wit: _ OF_'--~-------------- TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, (Name) .... cr:__..-i~"-''h-f,"'+"''.,;f)../=_.!,..z-..t,L-f=--c=.._._,r~---✓ "------=--t:::..J,_...... ~=--"--""· did on the /3-k , ~,_ day of___ ~,_-___ -_· -=-__.in t,/.c___-_~_~"":'r__.'--"· '--=-,.,,__...:=,,__ _____ ... the said County ...,_____~--=-.----- I These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law, And you are also directed to summon ----------------- color ____ Address ___ , -------~~------~ _________________ color ____ Address ----....----------------w __________________ color ____ Address -----------~---t--w __________________ color ____ Address ---,------------------,--L!.l __________________ color ____ Address ------....--~-------LJ as witnesses, Given under my hand and seal, this JJ Yl dal'. o._£----'-( itl4 of f.{utg fficcr) II (Seal) �, to-wit: the County aforesaid, State of Virginia, do certify acknowledged to the Commonwealth be made and levied of their ~ctive upon this condition: That the said Dollars of _ goods ·and chattels, lands, and teneme g:,r-etl<?~~ 1 J indebted of Yirainia in the sum of -~~~r,2:._.:~z..i::.,:::c:1:..::i!,,i::!!!l:;.~a,..;~~-"~#-!ee(:4',~i,JJ~---------- ($,/1Cb J!.!f:_ ), to be themselves <:_o~~tY.:,.;'i'li,e ,. 1'? cJ/) 1111a-.J',;>~tlay the use of the Co~m~nwealth , shall appear before the of Tr.iafJ~:ti~e ~ to Court , 19.>/1--, at Y., at ... ~ta1{nia, and at any time or times to which the proceedings may be continued or fur~r he~rd, and before any court reafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offenae with which he is charged, and shall not depart thence without the leave of said court, the said o,bligation to remain in full force and effect until t charge is finally disposed of or until it i11declared void by order of a competent court; and upon the further condition that Given under my hand, this g •r: s= ...... I» a :;, CJ) "rl >-i 0 g_ c:.: S- s· l'D 0 ::, n 0 ~ "' l'D s· IIQ > .... g ~ I» IJQ l'D > ... s= .... 0 ~ I» 'O 'O ::s p. .. ri l'D ... I» I» ::s p. ~ ; a' n 0 ... ti::I 0 n e: p. l'D ... "'"'"' ::s l'D l( l'D '< \ \ 0 ::s ~- ; s, .. l'D "' "' l'D f \ r n0 § .... ~ �\Vitness Subpoena Commonwealth of Virginia: • County of Rockingham, to-wit: To the Sheriff of said County, Greeting : You are hereby commanded, in the name of the Commonwealth of Virginia to summon,~----~---- Wade Zetty .Lawrence Dean to appear lilefore the Trial Justice Court of said County, sitting in said County, O'h :},1th day of..._ ____.J ....... u... J-.11----, of that day to give evidence in behalf of _ds. te half beerr changed in the pending v. to Harrisonburg, 19---49....,at the hour of.__ ~jrgioia ' ...,3,,...: .... o~d-.~n•riM!i&-e-.--.,.,"--. m rem:ind Lawrence Dean t.bat .b.i, trial 11 , 1 g:4g at 384) 1, , , Com~t,,h,, (and July: :it case of -~OM,o~&-•..,t ... ll~·.-----------------------------·--' I4,wrence Clean Given under my hand this,__ =---- 4 11 ..,2,..,4:.tu..b.,1,1,_ __;day of o I �Not fi~ding Wade Zetty nor any member of his family above the age of 16 years at his usual place of abode, executed July 5, 1949, by posting and leaving posted a tPU.e copy of the within summons on the front door of the said Wade Zetty•s usual place of abode. • 12,L , /,i;i!-~. for am . Callender, _,Dep S.R.c. • fl 0 ~ ~ '1 8 ,:::; t:, I-' tO - 1:1 I-' I-' h Ii b g 11) (J) (J) ~ (fl .... 11) i:: <» ~ I '1-i c:, () ~ I ~ (J ~ I ,-..,-..,-.. ~ ~ .. < - ~ O" 'c z 0 9 ,(1) ~.,_ ~ Pl ~ I ~ • IT ~ "!I .... ◄ EXECUTED64,#jlft-N. THE COUNTYOP ROCKINGHAM BY DELIVERING A TRUE ,/r CO~Y OF TEC WITHIN TO~ f.ll.,cu1U<t4' IN PERSON . C • f,.. ~ e4 :1<":= • ' * dJ .'29kd4 ~ rdtz, .J~-1£14&,Jlft <-<.ff4· _Jlf,, .w»t .,....; �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth ... Zettz ) l of. Virginia to summo.~------·--- f, Lawrence Dean to appear before the Trial Justice Court of said County, sitting_ at.__ _.H...,a"'"-r.._.,..._j.._9..,o...._nu.hu1u.1r,1,.;gE.+,-V.a...a.i,.rgi~.1.llu.i,111&1 in said County, on 24th day of ' 194!L-, at the hour o,fL____.2 ...:>.\.o .... o,,__1>;~J4.a.,------- 1lay of t11fili_~~ to give evide~ce in behalf of ComI th .(and. to rem.ind Lawrence Dean that in the pending v. 1 Jl1; caSe of _c..... a.... m.... ... b.__ ________ is his trial •__ --_ ... _.:..._·~-------------------.-------- ... LawrenceDean Given under my hand this this 21Bt day of �. 8 i¥- ~- s- ~c-t,. i ::J-- ti (I) § ' !' ' -~ ' ' ,., U) ~ tI Trial Justice Court ----~Docket ~ No. __ _ 'I:. ''-l) 0 b Com1 +,h c-t- ?-~.' ~ J? ' ' ~ ·~ ( V-. ( Witness Subpoena ( ' Lawrence Dean To May 24, 1949 at 2PM I . ,---· 0 �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said Omnty, Greeting: You are hereby commanded, in the name of the Cominen~vea.lth of Virginia to summo.,_________ -----------~r~~~~--·-·_· ---~-•--~-" 11,__ :·•• -~-~~''"°='~ _ G>~ ---··--·---3b to appear before the Trial Justice Court of said County, sitting in said County, on___ ....:,__,day 0£....__ of that day to give evidence in behalf cit iiarriaonDurg• •__,....;;,.-r--"'...,--__ _,;·19·. ·, at the hour of.____ Fleft Mitt.I, ' v. Given under my hand this ~ a..c....,O,...O-J>-•.,.g.,. ____ ........--r,-,..,. ,.....,,.,.,__....,..~....,...,..•""•...,.,;::.,,.r-:-..----------------tam~"=.' 0£,__~-----~ in the Yirg1nin day o£~lY---r-+---{};--H--~ ......... �Trial Justice Court ----~Oocket No. 4 ... i;!.?£7 t ( V. ( Witness Subpoena ( �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: _ To the Sheriff of said County, Greeting: You are hereby commanded, in the name ol'fue 11&,-,0d Leake, a.bf. Pollo• llktcm., in said County, on-----E,ML--_,day v. Commonwea1th of Virginia to summo.~---------- 31.. of__ l,a.l;.__-i,_.,. ____ , 19____., at the hour of--~~--------- �--------~--=----...,,----------------~------------ Trial Justice Court ____ :Uocfcet No. A 2'127 728 ( V. ( Witness Subpoena ( tt l ll, l • t • �------------------------~----------------------------------~ INSTRUCTION,No. The Court instructs resting reasonable element does not mean that to establish certainty the jury that the burden upo~ the Commonwealth to prove the accused beyond all material 1 doubt of an offense thereof, it the guilt or beyond all charged against is necessary guilty and every the accused, for the Commonwealth of the accused to an absolute possibility more than satisfy the jury that whole the accused is guilty of mistake or to do upon the evidence thereof beyonp all as a reasonable doubt. -- (Signed by the Court's initials). ---------------------------------------------------~----• 165 (The instructions copied on Pages 155 to and through 166 were evidently given; they were not marked as refused, as were the others here copied). �j' �------------------------~----------------------------------~ INSTRUCTION :No. The Court instructs resting the jury that the burden upon' the Commonwealth to prove the accused beyond all material l reasonable element does not mean that to establish certainty doubt of an offense thereof, it the guilt or beyond all charged against is necessary guilty and f!Very the accused, for the Commonwealth of the accused to an absolute possibility more than satisfy the jury that whole the accused is guilty of mistake or to do upon the evidence thereof beyonp all as a reasonable doubt. (Signed by the Court's initials). 1~5 (The instructions copied on Pages 155 to and through 166 were evidently given; they were not marked as refused, as were the others here copied). �\ -.../ �---------------------~~~-----------~-----------------------~ INSTRUCTIONNO. 2 --- The Court instructs in this case, it warranted the four following injury; to-wit: (3) Assault instructed that and maliciously to another, intending wounding or wilfully, wounds or causes bodily thereby either injury to maim, disfigure, disable Unlawful wounding is committed when one such other. person wounds or causes bodily injury wilfully, and feloniously, thereby either to maim, disfigure, Assault and battery an angry, and malicious is committed when one person unlawfully, or kill wounding or Not guilty. (4) feloniously fully, you may find one of (1) Malicious wounding or injury; You are further injury under the indictment by the evidence, verdicts, (2) Unlawful battery; the jury that is any physical rude or insolent to another unlaw- but not maliciously, disable injury or kill intending such other. done to another in manner. (Signed by the Court's initia).s). ------------------------------------------------------------156 �·- �------------~--------------------------------------------- INSTRUCTION NO. The Court instructs applied to this express anger, and revenge, justifiable any deliberate or excuse. duty, not only and unfrom reasonable Malice in law is every evil depraved is meant that de- the act has been as are ordinarily and malignant indications and fatally It or implied act done without with such circumstances with them the plain as sense. but every unlawful and by it toms of a wicked, social malice It includes It may be inferred and cruel sign in general; attended or implied. motive. provocation the jury that case is used in a technical may be either hatred 3 spirit, of a heart sympand carries regardless of bent upon mischief. (Signed by the Court's initials). ---------------------------------------------------------157 �• • �-------------------------------------------~-------------- INSTRUCTIONNO. 4 The Court instructs intent may be proved like direct or circumstantial of both; ditions therefrom and if facts, the jury that any other evidence surrounding are proven which warrant of the existence same may be inferred fact, the malicious by either or by a combination circumstances and justify of such malicious and con- an inference intent, the therefrom. (Signed by the Court's initials). ----------------------------------------------------------158 �I • ----~ .....-- �----------------------~~-~-~----------------------~------ INSTRUCTIONNO. The Court instructs 5 the jury that one who is ' present at the scene of a crime aiding participating crime. therein is guilty The Court further ment or act of assistance tells and abetting as a principal the jury that constitutes or in such an~ encourage- participation in such crime. believe The Court further instructs from the evidence beyond a reasonable the prisoner, the jury that Lawrence Dean, aided and abetted Shifflett, assaulted prisoners, Lawrence Dean and Floyd Shifflett, fix their punishment jury in this H.E~Taylor, in accordance then you shall if you doubt that by Floyd find the guilty, and with the charge to the case. (Signed by the Court's initials). ------------------------------------~------~-~------------ �J. �-------------------------------------------------------~-INSTRUCTIONNO. The Court instructs of witnesses is a question the law is that, directly -- exclusively to each other, the number of witnesses one side as against side; the jury that ance of the witnesses timony, apparent intelligence witness from all trial, right other to determine their and consistency candor and fairness, of the trial, surrounding determine testify who may have testified or ·1ack of intelligence, in the result and the jury is not bound to on the stand, the reasonableness their for the jury; the number who testified the jury have_the fying, the credibility where a number of witnesses opposite regard 6 which witnesses on the other from the appearmanner of testiof their tes- their apparent the interest of the if any appear, circumstances on appearing and on the are more worthy of credit , and what is the relative to give credit (Signed by Court's accordingly. the initials). weight of any such testimony, and ��-------------------------------~---~-------------------- INSTRUCTIONNo. B. The Court instructs may find the defendants, Dean,or felonious either assault, caused bodily doubt that injury words, to find either of these must believe jury may find said Taylor, or kill that two charges and Lawrence intended and without assault or or one of them, with the intent to the said H.E.Taylor. of the defendants against to permanently such intent guilty them, the jury they o~ the one, if either, guilty, you from the evidence they, to H.E.Taylor disable before of malicious you must believe maim, disfigure, of either Floyd Shifflett of them, guilty beyond a reasonable In other the jury that which the injure the they can be guilty only af simple assault. (Signed by the Court's initials). ---------------------------------------------------------161 �---_,J ~----- �---------------------------------------------------------- INSTRUCTION No. C . The Court instructs which the defendant, - the jury that Floyd Shifflett, H.E.Taylor did not, and unless the jury believes reasonable doubt, and abetted of itself, that unon the said H.E.Taylor, Floyd Shifflett, (Signed Court's by the may have had with constitute an assault, from the evidence, defendant the defendant any tussle Floyd Shifflett Dean in committing they shall find beyond a aided an assault the defendant, not guilty. • initials). ------------------------------------------------~------162 ��---------------------------------------------------------INSTRUCTIONNO. D. The Court instructs believe from the evidence was the aggressor apprehended - bodily and that in this case that if they H.E.Taylor Lawrence Dean reasonably harm, then he had the right force as was necessary lieve that reasonably the jury that to protect himself, and if you be- the said Dean used Qnly such force deemed necessary to nrotect to use such himself, as he then you should find him not guilty. (Signed by the Court's initials}. -----------------------------------------------------------153 ��--------------------~~~------------------~---------------~ INSTRUCTION NO. E. The Court instructs every person guilt beyond a reasonable Commonwealth, and this - stage thereof; through hearing the entire the evidence they bear a reasonab1e goes with case and applies that to every although case, the defendant Floyd doubt, on behalf Shifflett, or circumstance essential them in the indictment, they its yet if after of the prisoners, doubt as to the guilt ant Dean or the defendant made against of innocence beyond reasonable introduced his doubt by the Lawrence Dean and/or were guilty to any fact until when the Commonwealth closed the defendant Shifflett presumption and they are instructed might have believed, that the law presumes charged with crime to be innocent is established the prisoner the jury that of the defend• on the whole case or as to prove the charge it is their duty to give the accused Dean and the accused Shifflett the benefit them of the doubt and finAfor either of them, as to whom they have a reasonable doubt, not guilty. (Signed by the Court's initials). -------------------------------------------------------164 ��------------------------~--------------------------------- INSTRUCTIONNO. F. The Court instructs one of the essential - the indictment, elements doubt. consistent inferred "intent" is of the crime charged in and the Court tells of proof to prove "intent" and that the jury that you that the burden is upon the C0 mm.onwealth, the same must be proved beyond all It must not be inferred reasonable from circumstances with the guilt of the accused, from circumstances inconsistent in• but must be with the illll())- ' cence of the accused. (Signed by the Court's initials). ---------------------------------------------------------~ 155 ��---------------------------------------------------------- INSTRUCTIONNO.G. The Court instructs is one of the elements - the jury that of malicious assult malice and that the burden is upon the Commonwealth to prove malice beyond a reasonable of the defendants doubt, in order of malicious to convict either assault. (Signed by the Court's initials). ---------------------~--~--------------------..... ---------~ 166 ��----------~-------------------~--------------------------- INSTRUCTION NO. Z. The Court instructs - cused Dean and Shifflett offence alleged against the jury are instructed to consider sidering case, evidence the guilt the jury that are on trial that (Marked) only for the and they are not at liberty of other law violations or· innocence as witness the ac- them in the i~dictment, but may only be considered credibility 1 of the accused in connection & as to their in conin this with their intent Refused (Signed by the Court's initials). --~---------~--------------~-----------------------------167 ��----------------------------~----------------------------- INSTRUCTIONNO. The Court instructs Dean and Shifflett - ·alleged against sider of other the accused only for the offence them in the indictment, that the guilt the jury that are on trial are instructed evidence z. end the jury they are not at liberty or innocence law violations to con• in considering of the accused in this case. ( Signed by the Court's initials). ---------------------------------------------------------168 ��--------------------------------------------~------------- INSTRUCTION NO._!_ The Court instructs believe - the jury that from the evidence Taylor was the aggressor Floyd Shifflett attempting in this to break up any fight whereupon Taylor tried struck between the two, the said Lawrence Dean, and that deemed necessary (Marked on margin) on Lawrence Dean, in to separate then he had the right he reasonably H.E. or scuffle the said Lawrence Dean reasonably harm, that case that and made an attack and the defendant, Taylor and Shifflett, if you apprehended bodily to use such force to protect as himself. Refused (Signed by Court's initials). -------~-------------------------------------------------169 ��-----------------------------------------------------~----- INSTRUCTIONNO. X. The. Court instructs the jury that reasonable doubt is one that excludes reasonable hypothesis that except a every of guilt. {Marked)Refused (Signed by the Court's initials). (Added below): Court discourages defining A reasonable, would be confusing ------------------------------------------~--------~-----170 ��-----------------------------------------------~---------- INSTRUCTIONNO. Y The Court instructs believe from the evidence was the aggressor apprehended - bodily lieve that the said Shifflett should find him not guilty, beyond a reasonable H.E.Taylor reasonably himself, to use such and if you be- used only such force to protect,himself, unless doubt that aided and abetted-Lawrence case that he had the right to protect deemed necessary if they Floyd Shifflett harm, that as was necessary (Marked} in this and that force reasonably the jury that as he then you the jury believe thereafter Floyd ~hifflett Dean in assaulting H.E.Taylor, Refused no evidence (Signed by the Court's initials}. -----------------------~----------------------------~171 ��Copy of"Commonwealth's Ex. l." ---------------------------------------------------------My name is John Crawford. and have one child Merak's I am 23 years one year old. I live at Elkton above April 29, 1948, John Duff and Tom Bailey came to my house to search me for whiskey. turned me in for having whiskey. I told .th.em I didn't have and Lawrence They aske.d me if I would help them catch them. I them I would help them and they said they would bring a man in. I planned try to buy whiskey. was afraid thought to take the man around J!·riday night I didn't Bailey that Saturday night They are two rough guys. have anything and they would come up and beat me up. about 7:30, Taylor and I went down I asked him if he had anything had gone around back. We got in back seat us where of car and in a few minutes Lawrence Dean came to his car with Harry Lamb. drove out of Elkton up to Perry Bailey's Floyd Shifflett in a 1934 or 1935 one-seated was. He said he didn't but to go get in his car and told When we got there, I Floyd and He. looked around and asked where Millard I told him Millard to because I my wife was sick as an excuse. town in Elkton and met Vean. it was. night and Duff would say some.thing to Lawrence about it to drink. go Friday of Floyd and Lawrence. I used the fact - Someone had They asked me if I knew Floyd Shifflett Dean. told I am married plant. On Thursday, any. old. servide was talking Chevrolet. He left Harry Lamb station. to some man that car and ------------------------------------------------------172 ��----------------------------------------------------~----we all got out of Dean's the building Taylor was standing with his hands in the pockets one foot against scuffle car. the building. about ten feet of his pants from where 'la.ylor was standing a pack of cigarettes. I was in the store When I came out, arms buckled Dean came up and pulled and Lawrence and Floyd started p~ayed around to where he was. Taylor had their up beside and buying Floyd Shifflett around one another. Taylor to and Lawrence away by the neck. Then Lawrence and Taylor went down and Lawrence got on top and started beating Taylor. Taylor had his faceturned ground to keep him from hitting tried to pull Floyd helped- and Lawrence apart. we heard I got him by the arm. sure it was Floyd-..get some one coming. After I Taylor Taylor and I ran on down the road when went on to John Duff's - him in the face so much. Lawrence off Taylor. I'm pretty down toward We walked to Elkton house to get Taylor I got back to Elkton, and then cleaned up. I went to the bowling allay, and Lawrence .L>eancame up to me, he told me '.L'aylor was a tough guy and ~ad given him a black eye. He asked me who he was and if he was kin to Taylor in Elkton. because morning before I had told him on Saturday between 9:00 and 11:00 o'clock,that'I He knew who he was was comillg down with revenue man to try to buy some whiskey. He.said dirty He didn't thing statement to do-try a~ that told him because he'd see h_im thst to catch people. the fight that was a make any time as to what he was going to do. I was afraid night he would beat me up. when I brouglt him (Taylor) I He said down.- I -------------------------------------------------------r1z ��----------------------------------------------------------never-did because it. tell Floyd about it, but Lawrence must have told Floyd came up to me Saturday Floyd told night, to bring me if I couldn't Taylor about noon and asked me about find him around town that up to his house. Lqwrence Dean and Floyd Shifflett yesterday to see me. what they had called me to, said. Floyd a "dirty Che fighting. They also tales. do something--! don't They told me to say that Taylor son-of-a-bitch" said Floyd also tell the and that to say that had started 'l'aylor had tried when while they were them I would or wouldn't tell their said to tell that when they had their arms buckled around one another that ~aylor search I know Guy Monger but I didn't that - I didn't tell they'd to kick Lawrence in the privates fighting. came up to my house They told me if I didn't ~ale the way they told know_just him. night. there that. He didn't because him try to separate was trying see him around the fighters if he was I would have seen him if he had tried Lawrence Shifflett was a by•stander to while to do the tight was g&'l_ngon. I didn't know they had any plans going over but I thought it somewhere. I didn't to give Taylor maybe they were going toge~ know a fight noon, he said he didn't something other in a package. threats to Floyd Shifflett have any whiskey Neither about the man. into was going to start ~ th~ time I went in and bought a pack of cigarettes At the time I talked a at from Perry. Saturday about for themman but he had Lawrence or Floyd made any They must have planned where to --------------------~-----------------------------------174 �.. �---------------------------------------------------------meet, and I believe waiting that for Lawrence, was already while we were in the car Saturday that he contacted at the service hang around that good friend filling station of theirs--he I didn't tell station because Floyd when we got there. all doesn't the time--Perry They is a care what they do. anybody except Lawrence and Floyd that a revenue man was going to be with me. know it until Floyd, night They didn't afterwards. My wife didn't promise me any money for my information. When I talked noon, I told to Floyd ~hifflett him that the revenue agents on Saturday about I could make $35 or $4:o a week by giving information and helping to buy wh~sk:ey from bootl1:g·gers. I made the foregoing informed a criminal that statement the statements therein voluntarily and have been can be used against me in prosecution. Given under my hand this 4th day of May, 1948. (signed) -=-=-J-=o=r-h_n_E.,_l__,m~e.:.r_cr_a.:.;..wf..:.....o:.::r...:d:__ ____ _ Subscribed and sworn to before me by John E'.Crawford, this 4th day of May, 1948. My commission expires (Signe_d_)_V_i-r_g_i_p_i_a~L_._st_i_c~k~l~e~x--=--.Notary Public November 3,1951. (Each of the four pages from which this was copied contain, on right-hand margin,the initials J E cl• ----------------------------------------~-------------175 ��(Copy of "Ex. 1 of Defendants.") ------------------------------------------------~-----------John E.Crawford. Elkton, Va Box 285 Wife - 1 child Friday - girl (1) Night - Met Taylor Elkton 2 Taylor - 2 3 Port Republic with Duff & Bailey agreed to pay me $2.0.Q_ FOR OK for Cup of whiskey - On 1'hursday - ~greed with Bailey Did not work .lfriday Night Sat nite Met -to do the work. as wife was sick - Made date for - Abt 7:30 Taylor Sat ni te in Bailey Bailey - going to') left and Taylor car with Baily & h.is wife and I came to Elk with Lawrance Deane. Asked L D for whisky said would take us up road to find Got in his - car by RR with Taylor rode around back to Baileys out - F. Stalked . fTaylor some Law.D. Harry Lamb & me in Back - All got to somebody - F S & Dean got to scuffing - not mad Went in Store were soufling, fighting tried for cigaretts When I came out Taylor & F S L D ran up & got Taylor both Went down L . D on Top. ◄ to pull Lawrence Doff Elkton ... .us Hit him 2 times .. I & F S helped me a got up and we went on road running Deane after around neck and started s. Taylor - looked Back & thought ran abt 50 yd went into field - vame to Dutt ent to Duff's home Washed . Came back to Elkton_ got out. I --------------------------------------------------------------tab176 (lThe part COP.led above was on two pages of ruled et paper, in pencil.) �.. �(Continuation of copy ot "Ex. 1 of Defendants.",-the on third and last page of ruled tablet paper,also (Corner paper torn). ~~$U$$~•$~$~$$•$•••••~$~•••$~••••••$•l•$•••$•~•••••••••~• of ~ F Shiflett " 2 L 3 L - Deane 1. Ray(?) 2. .Bill Via • Place in Elkton Port Republic Lawson L part in pencil.) i_Ajjowlig ally Saw- D after fight W Did not see any of them after this Sat nite - Did not see any of them on Sunday. Monday - F. & L came to my hous~ - Did you know that was revenue Man - I denied C & g (?) Construction Alex I knew him - (Written with the paper to one side, five so that turned these words did not coincide with the lines of the rul.ed paper). --------------------------------------------------------(The pencil marks on the copy are an effort to represent the punctuation used on original and the way a capital letter or something else was marked out). 1?7 ��Commonwealth's Ex. 1. My name ia John Crawford. I am 23 yeara old. and haTe one ohild one year old. I am aarried I live at 11.kton above Merak's plant. On Thursday, April 29, 1v,e, John Dutt and Tom Beiley came to m7 ho~ae to search me·tor whiskey. tuned any. me 111 tor haTing whiskey. Someone had I told th·em I dldn'' 'l'he7 asked me it I knew Ployd Shifflet, Dean. have and Lawrence !hey asked me it I would h·elp them catch them. I told them I would help them and they aa14 they would bring a man in. I plaued try to bu7 whiskey. wee afraid to take the man around hi day night t·o I didn't go Friday night beoauae I of Floyt and Lawrence. I uaed the tact They ere two rough guys. that my wife wea aick aa an exouse. thought Bailey and Dutt would aa7 aomething to I 11074 and Lawrence about it and they would come up and beat me up. Saturday night about ,:30, Taylor and I went down town in Elkton aad aet Uean. to drink. I asked him if he had anythiq He looked around and aeked where llillerd I told him Millard had gone around baok. waa. He said he didn'' have anything but to go get in his car and told ua where it was. We got in baok aeat of car and in a few minutes Lawrence Dean oqe to hie car with Harr,' Lamb. drove out of Elkton up to Perry Bailey's When we go, there, llo,-4 Sb.ittlett in a 1934 or 1935 one-seated service waa talking Chevrolet. Be lett BarrY Lamb station. to soma man that car and -----------------------------------------------------172 ��. -----~-------~-.~-·~----~---..----~~---..--~-~' ' ' we all gol out ot Dean's car. Taylor waa standing up beside t the building with hie hands in the pooke1ia ot hie paata and • one toot against aouftle the building.· about ten fHI a pack of cigarettes. had their lo from where 'lllylor wae standing and played around to where he was. fa7lor Lawrence and 11074 started I waa in the store buying When I came out. Flo)11.Shiftletl ams buckled around one another. Dean oaae up and pulled and Lawreaoe Taylor away bJ the neok. Then Lawreaoe and Taylor went down and Lawrenoe got on ,op and started beating Taylor. Taylor had hie tao~tuned ground to keep hia troa hittina tried hia in the face so much. I to pull Lawrence ott Ta7lor. 11074 helpe4--I'a pretty and Lawreaoe apart. down·toward I got hill by the arm. sure it was n07d-•get Taylor Taylor and I ran on down th• road when we heard some one coming. We walked to Elkton and then went on•to John Dutt'• houae to get Taylor cleaned up. After I got beok to Elkton, I went to the bowling alley, and LawNnoe Dean came up to me. he told me Ta7lor was a tough guy and ha4 gi Ten hill a blaok e7e. Be a eked me who he was and it he was kin to Taylor in Elkton. He knew who he was because I ha4 told hia on Satur4a7 morning betore the fight between 9sOO and 11:00 o'olook.that I was oomillg down with reTenue man to t17 to buy some whiskey. Be asid that waa a 41rty thing to 4o-•trJ He didn't ateteaent to catch people. make any at that time ea to what he was going to do. told hill beoauae I wee afraid he wnu1d beat m.eup. he!.4-&M..Ja.Sa..tu: .Ja.i&bLa.U.-l-~.'111-1tutttl_4i!!j:gI I He said ��I nSYer did tell 1'1074 about 1t, but 1.awrenoe·muat haTe told him beoause 11074 came up to me Saturda7 about noon and asked 'me abou1 . it. 11074 told me if I couldn't night, find hi■ around town that to bring Taylor up to hla house. Lewrenoe Dean end 71074 Shittlett yea,er4ay to see me. They told me it I didn't tale the way they told me to, they'd know Ju ■t what they aaid. had called n074 a "dirty Iha tip.ting. came up to my house tell the do aom.ething-~I don't They told me to aa7 that Taylor son-of-a-bitch" and.'that had ■ tarted aa14 to 1a7 tllat •ra7lor had trfe4 They also to kick Lawreaoe in the pr1Tatea when while they were tigh,tns. talea. I didn't tell th•'I r10J4 al10 said \o tell would or wouldn't tell their that when they had thelr· araa buokle4 around one another that fa7lor was trying searoh hia. I know Ouy Monger but I didn't that nipt. Be didn't tr'7 to separate see hia around th• fighters Lawreaoe Shifflett was a by-stander he waa it there beoauae I woUld haTe seen hill it he had tried that, to to do while the tight waa going on. I didn'' know thq ha4 any plane to g1Te Taylor a going oTer but I thought 118Tb the7 were going toge\ it 1omewhere. I didn't know a tight was going to start the time I went la and bought a pack ot oigarettea At the tie I talked noon, he aaid be didn't aoma11.hingin a paokage. other \hresta into to 11074 Shittlett at from P ny. Saturday about haTe any whiskey tor themman but he had Be1ther Lawreuoe or 11074 aade any about the man. The7 must haTe plaued where to ~~--•~-~---~~~-~-a---~---•-~•~-------~---~ • • 1?4 ��---------~--------- ...___ ......... -.-------------------------------.-.-----.... meet, and I belieTe that while we were in the oar Saturday night ' waiting tor Lawrence, that he oontaoted 11074. beoaua• 11074 was alrea47 al the aenioe hang around that fiiliq good friend I didn't when we got there. The7 station all the time--Perr,- of their•--he tell atation doesn'\ 1a a care what they.do. anybody exoept Lawrence and noy4 that a revenue man was going ·to be with me. Ky wife 41dn't know it until They didn't afterwards. prom.la me an7 money for my 1nto1"118tion. WhenI talked to ~1074 Shitf'lett on SaturdaJ about noon, I tol4 hia that I could make $35 or MO a week by siving the revenue agents lntoraatlon f'rom bootlegJera. • I made the foregoing inforaed and helping to bu7 whisk"er Toluntarily atat•ent ,hat the statementa therein and haTe been caa be used against me in a criminal proaeoution. Given under my hand this 4th day ot Jla7, 1g4e. Subacribed and sworn to betore me by John E.Crawtord, 4th day ot lla7, 1948. • (Signet) K7 oommission expires !u i1,:9r • lot ey b Vka!DJI Noveaber 3,1951. thia ,j 1o (Each ot the four page from which this was copied contain, on right-hand margin,t e initials J E O ). ------------------------------------------------------- 175 ��(Copy of •1tt. lot John E.Crawford . Elkton, Wife• Va Detendante.") .U Box 285 l child - girl (1) 1 Friday Night - Met Taylor with Dutt• Bailey - going to 2 Port Republic agreed to pay ae t2. 09... lOR OK. Elkton Taylor tor Oup of whiakey On Thursday - Agreea with Bail8f' -to do the work. Did not 1r0rk ¥r14ay Night Sat nit• Ket aa wife was sick - Kade date tor Abt 7:30 Taylor Sat nit• Bailey left in Bailey oar with Baily• and Taylor and I came to Elk with Lawrance Deane. tor whisky said would tak Asked L D his wife. Oct in his car by RR with Ta7lor rode around 'ba .ck to Baileys 1 T 7lor out - 7. Stalked to somebody - r ua up road to find some Law.D. Barry Lamb All got & me in Back - S & Dean got to soutting - not aad ·ent in s,ore were aoutling ~ \ih D on Top. Deane after .us F S Hit him 2 times. to pull Lawrence D ott & l S helped me• got up and we went on road-running Elkton. n I ·came out Taylor• L D ran up & got Ta7lor around neck and started .Both Went down L. fighting~ triad tor c1g retts I s. Taylor - looted Baok & thought ran abt 50 7d went into tield ."ent to Dutta home - Ca.meto Dutt ashed . Came baok to lUkton_ I got out. (.The Bert oo~1e4 eboYe)wea on two pages of ruled t ble~ aper, 1n peno1i. ~------~----~-------~--~~--------~~--~-~~176 ��(Continuation of copy ot."Ex. 1 ot Detendanta.",-the part on third and laat page ot ruled tablet paper,aleo in peno11.) (Corner~~ot ........................ paper 'I Shiflett torn). ·········~························ .. Place in Elkton 2 L 3 L - Deane l. Ray (?) Lawson Port Republic Bill Via L ~aw - D after tight,~· 1~ Bowlig ally Did not see any of them after this Sat nite - Did ·not aee an7 of them on Sunday. Mon4a7 - r. & L came to m7 house - Did you know that wee revenue Man - I denied I knew him - C & g (?) Oonetruotion A1e1 (Written with the paper turned to one side, so that these f1Te worde did not oo1na1de with the lines ot the ruled paper). penail marks on the copy are an ettort to represent the punctuation used on original and the way a capital le,ter or something else was marked out). (The 177 ��STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: .... IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the.County J 1 Circuit their ~/~~ Court oaths of said the j £,~_ did unlawfull) _~ ½~ -43-ogetheP for \\· the with and wound with or kill, nose, against This the peace indictment eRQ eon!1iderille feloniously and there the grand to give and him the and maliciously injury; with intent did beat to-wit him, a the disable or of the Commonwealth of Virginia. is found upon the testimony before t'o ·maim, conspiracy an assault to maim, disfigure, and dignity and John E. Crawford, t"njury .a.wl-eo-dtt:y of- said and cause him bodily Taylor jury of Rockingham, Lawrerre~ Dean and Floyd Shifflett, and lacerations, then upon hifn, the sai-4 ~ El'. -~or the said fists bruises said H. E. Taylor, County oonsp1re and in pursuance unlaw.fully, their the Term, 1948, in the @e.i~H. E. Taylor~make said H. E. Taylor in and for LAWRENCE DEANand FLOYD SHIFFLETT, intent, they, .Ht miJupon(-t;he kill, April purp.oaa ~ -e-o:mmitt1t1g an assault confederation, fractured that at its and feloniousl{"'"."'UM, t"~ . upon H. E. Tayl~, l{ J di-sfigure, •disable J~~and County, day of May, 1948, 1st of Virginia, of Rockingham and now attending do present on or about of the State witnesses evidence. sworn in Court of H. E. and sent �t \ ' CONiMONWEALTH v. INDICTMENT } LAWRENCE DEANand FLOYDSHIFFLETT ·1 Felony April Term, 1948 A True Mf7 Bill: I I ,-/7-lf~_9' ~~ F~re:man ) [ .--!. (-, ~ 'I Witnesses: 1. H. E. Taylor 2. John E. Crawford ,; George D. Conrad Commonwealth's Attorney -;,-... - �C AMENDED INDICTMENT STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: THe grand jurors of the State of Virginia, the body of the Gounty of Rockingham and now attending Circuit their Court oaths of said County, do present on or about the 1st did unlawfully that day of May, 1948, and feloniously said H. E. Taylor maliciously did beat with injury; intent disfigure, disable the nose, against make an assault feloniously their H. E. Taylor, or kill, in the County of Rockingham, unlawfully, a fractured said Term, 1948, upon upon H. E. Taylor and wound with to-wit, him, April the LAWRENCE DEANand FLOYDSHIFFLETT, and him the bodily at its in and for fists and cause him bruises then the peace and and lacerations, and there to maim, and dignity of the Commonwealth of Virginia. This indictment is found upon the testimony Taylor and John E. Crawford, before the grand jury to give witnesses evidence. sworn in Court of H. E. and sent �COMMONWEALTH V. ) AMENDED INDICTMENT LAWRENCE DEANand FLOYDSHIFFLETT Felony April Term, 1948 George D. Conrad Commonwealth's Attorney �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA: COMMONWEALTH v. CHARGE TO JURY. FLOYD SHIFFLETT If you find the accused, wounding H. E. Taylor or causing with malicious intent, so and fix punishment a period his one year If you do not find bodily him guilty therein injury, of unlawful charged, finement finement in jail exceeding five five hundred charged but find months, both by confinement or by a fine such fine but injury, punishment of not less ' or find as by conthan one by con- months and by a fine him guilty him guilty in the indictment, punishment wounding in your discretion, twelve for ten years. bodily his say not dollars. If you do not find aforesaid, a period or, not exceeding you will in the indictment, or unlawful for years, by any means, of malicious say so and fix in the penitentiary year nor more than nor more than as charged you will injury, of in the penitentiary him guilty wounding guilty in the indictment, by confinement than Shifflett, him bodily as charged of not less malicious Floyd of either of assault then you will in jail for not exceeding of the and battery, felonies as further say so and fix his a period five-hundred not exceeding dollars, twelve or by and imprisonment. If you find him not guilty, you will say so and no more. ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMMONWEALTH- v. CHARGETO JURY FLOYDSHIFFLETT If you find the accused, wounding H. E. Taylor or causing with malicious intent, so and fix punishment a period his of not If malicious him guilty therein year in jail exceeding five If aforesaid, charged him guilty wounding five hum.red you do not find in the by confinement or by a fine such fine If you will in the penitentiary say for wounding indictment, bodily his but find injury, punishment of not less or as by con- than in your discretion, one by con- months and by a fine not .. him guilty him guilty indictment, a period twelve dollars indictment, in the or, not exceeding of by any means, of malicious say so and fix years, injury, or unlawful for guilty nor more than ten years. as charged you will but find punishment months, one year in the penitentiary finement both injury, nor more than in the by confinement than of unlawful charged, finement less Shifflett, him bodily as charged you do not find bodily Floyd of either of assault then you will in jail for not exceeding five of the felonies and battery, say so and fix a period hundred as further his not exceeding dollars, twelve or by and imprisonment. you find him not guilty, you will say so and no more. ��C IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMMONWEALTH v. CHARGETO JURY LAWRENCE DEAN If you find the wounding H. E. Taylor with malicious so and fix a period his accused, or causing intent, punishment one year If you do not find bodily him guilty therein year of unlawful charged, finement injury, you will nor more than five in jail not exceeding five hundred for charged but find months, both by confinement or by a fine such fine him guilty him guilty in the indictment, punishment discretion, mbnths but find injury, punishment or as by con- than one by con- and by a fine not dollars. If you do not find aforesaid, twelve for wounding of not less in your say ten years. bodily his a period or, exceeding you will in the indictment, or unlawful years, by any means, of malicious say so and fix in the penitentiary finement nor more than as charged of in the penitentiary him guilty wounding injury, in the indictment, by confinement than Dean, guilty him bodily as charged of not less malicious Lawrence of either of a~sault then you will in jail for not exceeding five of the felonies and battery, as further say so and fix his a period hundred not exceeding dollars, twelve or by and imprisonment. If you find him not guilty, you will say so and no more. �' �#1380 la/11/411 CHARLESP. CHEW . Executiw,Secretory RICHARDW. COPELAND Director RALPHE. WILKINS JAMESW. PHILLIPS PAROLE BOARD lllCHMOND Ja.rmary 3, 19Ei0 Honorable Hamilton Hawes Judge, Twenty-Fifth Judicial Luray, Virginia Circuit Dear Judge Hawes: In Re: Lawrence Dean 57618 We are building·up a case file on the above-named inmate. The materials in this file will be used by the Division of Corrections an4 by the Parole Board. The following information will serve to identify this person, Offense: Felonious Assault Court': Rockingham County Circuit Date of Sentence: Sentence Imposed: 10-21-49 2 yrs; and 6 months This man will not be considered for parole Ulltil )le has served onefourth of his sentence. MY. information you should like to give regarding this case will be ~st helpful. If you c~re to recommend for or against parole in this case, that reco~_ndation would be welcomed. Your usual splendid cooperation will be sincerely appreciated. We will not send you th~se letters year·imprisonment. With kindest personal regards, on persor:is sentenced I am Sincerely yours, Richard W. Copeland Director of Parole me to but one ��#USO 11/11/49 CHARLESP. CHEW ExecutiveSecretory RICHARDW. COPELAND Director RALPHE. WILKINS JAMESW. PHILLIPS PAROLE BOARD JUCHMOND January 3, 1950 Honorable ~amilton Hawes Judge, Twenty-Fifth Judicial Luray, Virginia Circuit Dear Judge Hawes: In Re: Floyd Shifflett 57617 We are building·u.p a case file on the-above-named inmate. The materials in this file will be used by the Division of Corrections and. by the Parole Board. The following inform~tiOI). will serve to identify this person. Offense: Felonious Assault Court: Rockingham County Circuit Date of Sentenc~: 10-21-49 Sentence Imposed: 2 yrs; 6 mons. This man will not be considered for parole Uiltil lie has served onefourth of his sentence. A,ty information you should like·to give regarding this case will be rDQst helpful. If you e~re to recommend for or against parole in this case, that recomme,ndation would be welcomed. Your usual splendid cooperation will be sincerely appreciated. We will not send you th~se letters year imprisonment. With kindest personal regards, on perso~s sentenced I am Sincerely yours, Richard W. Copeland Director of Parole me to but one ��STATE OP' 'IIRGINIA, COUNTY OF ROCKINGHAll, To-Wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, that the foregoing is a true transcript in the case of Commonwealth of Virginia Dean and Floyd Shifflett, do hereby certify of tbe record vs. Lawrence on an indictment for a felony. Given under my hand this ber, 21st day of Septem- 1948. _____________ Transcript Fee.$ ____ . , Clerk. �L l -o .. :t... :J ... J r l. ri n cwoJ 0 JO, l j .:,i .. u 0 0. 0 0 \ ...- rl , ,U,..1. 0 0 i v1 ,.I. J \-~---·--------- .l • �DESCRIPTION Last known address __________ Colo~----_Marks _____f.Y' __ OF PRISONER -~"f._-0__ -~---- Height_ __,L::__~ __________________________________ _ Eyes---~---- Hair_ __~--~- Weight_~~-=----- ,_f------------------------------------------------------------. Occupanon ___ Date of Trial_ ___--~--- J- --•?- ~. ~~---- I ________________________________________________ _ --Y-!_·l/2_:_---------------------------------------------------- Result ___________?,::-:_~-------------------------------------------------------------------------------- ��COMMONWEALTH vs,__;& .............. ~.. :.(::q.~4,~£.1"""""'==----C.~~-'d-~~=:..---- DESCRIPTION OF PRISONER Last known address---~----------------------------------------------------------------------Color ____________ _ ~ Marks ___oq: Age______'}-. Height___£,.!"':"-/__ Eyes---~-- Hair__~ Weight_1=. L_?d____ ________________________ ·-------------------------------------------------------------------- 3 _'- ____ Occupation ____{4,,..f/, _____________________________________ _ Date of TriaL_~~- _/_')..~(_f.:: __'C_~~- ~0-- ----____________ ---------------- Result _____~~ _________________________ •________________________________ • ______________________ _ ��mMMONWEALTH VS. ~ ?¥ DESCRIPTION OF PRISONER Last known address----~---------------------------------------------------------------------Color_ _____~_:- Height__J_-:-_r--- ,&':/' Eyes___ Hair_~----- Weight_L_.f_q ____ Marks ______b,/(---------------------------------------------------------------·-----------------------Age.------~-.:.~------ Occupation ____~-J4/!~---!::::-::~-~---- Date of Trial_ ___--~ _j_J _,C./.._f:::-_ __ ~~-~JJ.---- __________________ :.____ _ Result _____/£~_,--------------------------------------------------------------------------------- ��COMMONWEALTH VS. DESCRIPTION 7 OF PRISONER I 11? ... Last known address_________ -lM-i...------~------------------------------------------------------------Hair_:__,_ ______-~-- Weight_j_'i_Q _____ Marks ____-YG-,-/--~-------------------·------------------, ------------------------------------------------,.. 1 Age____________________ Date of TriaL _ Occupation ___~--------~-------------~---J---------------------------------- ~vv:e-Ld ___ / ~~~.~ __________________________ _ Result ________~-F-------------------------------------------------------------------------------- ��llarch 25, 1949 Re: L&wrence Dean and Vlo7d Sh1ffl tt v. Commonwealth Record No. 3513 Mr. K. B. Watts, Cler~ Supreme Court ot Appeals of Virginia Richmond 10, Virginia Dear Mr. Watts: As requested in your letter or March 24, I am sending you herewith copies or the instructions (granted and refused) in the above case. • Yours ver1 truly, J. Robert Switzer, mb Enclosures: In,structions Instructions l to 6 (inclusive) B, C, D, E, r., G Instructions Zl, z, Clerk ) ) A, X, Y (refused) granted �~~----------------------------------- l ) l �CHIEF JUSTICE: EDWARD W. HUDGINS SUPREME JUSTICES: HERBERT JOHN COURT Of' M. B. WATTS APPEALS CLElltK, B. GREGORY W. EGGLESTON C. VERNON SPRATLEY ARCHl&ALO C. BUCHANAN ABRAM P. STAPLltS WILLIS 0. MILLEFI Of' WILLIAM VIRGINIA DEPUTY RICH MONO W. SMALES CLE1'K, Richmond 10 March 24, 1949 Re: Lawrence Dean and Floyd Shifflett Record No. 3513 v. Commonwealth Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Mr. Switzer: I received from you a few days ago two original exhibits filed in the case of Dean and Shifflett v. Commonwealth which you kindly sent me at my request. The court thought possibly that included with these exhibits would be some instructions which were not made a part of the record as transcribed. You will find that these instructions are referred to on page 145 of the printed record (a copy of which you have.) I will be obliged if you will examine the papers on file in connection with this case and if there are any copies of these instructions with the papers, kindly send them to me for the examination of the court. Yours very truly, ~~ MBW:lch Clerk STAUNTON ��VIRGINIA: ~ tk in o/~ftea6 ~(){W/ Y¥M<eme t/w~~ oj'Pldllllllmd on Lawrence Dean and Floyd against kid a1 tk tk Monday !!t{Uu;lfl ~oan=!f~ 25th Shifflett, day o/ April, Plaintiffs 1949. in error, Record No. 3513 Commonwealth of Virginia, Defendant in error. Upon a writ of error and supersedeas _to a~udgment rendered by the Circuit Court of Rockingham county on the 23rd day of June, 1948. This day came again maturely said considered and arguments ing and filed plained or. with It the transcri:pt by counsel, of the record of counsel, is of o:pinion, the record, that is therefore be reversed and annulled, is remanded to the views e.xpressed the :parties, said in the Which is ordered there adjudged the verdict circuit said court written of the for reasons is error in the and ordered that of the set jury for a new trial opinion of this forthwith to be/certifjed A and the to the said court having judgment afore- stated in writ- judgment the said aside, com- judgment and the case in accordance with the court. circuit court. Co:py, Te ste: Clerk. (over) �Writ ta.e.XA-.. _______ _ Prjntin~-------AttorneyTs fee ____ Small fees ______ Transcript ______ Printing brief ____ Total .... _ _ _ _ $ Teste: __________ c. C. ��.... ~ �INSTRUCTIONNO. O. The Court instructs is one of the elements the burden the jury of malicious that assault malice and that is upon the Commonwealth to prove malice beyond a reasonable of the defendants doubt, in order o! mal.1clous assault. to convict either �.o '1 lo .0 j IT'"'U l1 e T �.... INSTRUCTIONNO. The Court resting instructs the I jury upon the Commonwealth to prove beyond all material reasonable element thereof, does not mean that to establish doubt it charged or beyond more than satisfy the whole the accused is guilty -/ 41!7. all of the certainty doubt. against for accused possibility jury that the burden the accused of an offense is necessary the guilt that and every the accused, the Commonwealth to an absolute of mistake or to do upon the evidence thereof guilty beyond all as a reasonable ��Z:__ INSTRUCTIONNO. The Court in this the four injury; ease, instructs if warranted following the that under by the evidence, verdicts, (2) Unlawful jury to-wit: wounding the indictment you may find (1) Malicious or injury; one of wounding (3) Assault or and battery; (4) Not guilty. You are further injury is committed ~nd maliciously .thereby Unlawful bodily either when one person wounds or causes is committed to another but not maliciously, disable injury or kill intending malicious unlawfully, injury disable wilfully, thereby Assault in an angry, either and battery rude wounding or wilfully, feloniously to another, intending or kill when one person unlawfully, such other. done to another that bodily to maim, disfigure, wounding injury instructed such other. wounds or causes and feloniously, to maim, disfigure, is any physical or insolent manner. �l �INSTRUCTIONNO. $. The Court to this case express or implied. revenge, but every every It design has been attended of social with malice sense. depraved and fatally and cruel Malice bent and It may act done in law is is meant that the act as are ordinarily and malignant in:iications hatred motive. or excuse. and by it as applied It may be either not only anger, such circumstances them the plain duty, that from any deliberate in general; with jury and unjustifiable provocation symptoms of a wicked, carries includes unlawful or implied reasonable evil the is used in a technical be inferred without instructs spirit, of a heart upon mischief. and regardless �--- -· --, �INSTRUCTIONNO.-±- The Court intent may be proved or circumstantial facts, proven which warrant inferred like evidence and if the existence instructs surrounding the any other that fact, the malicious by either or by a combination circumstances and justify of such malicious therefrom. jury of both; and conditions an inference intent, direct therefrom the same may be are of �.... �INSTRUCTIONNO.£ The Court at the scene instructs of a crime the aiding is guilty as a principal further tells jury assistance constitutes The Court believe Lawrence assaulted H. E. Taylor, Lawrence Dean and Floyd punishment #ff the and abetted you shall Shifflett, or act jury beyond a reasonable then The Court of in such crime. instructs Dean, aided in accordance or participating any encouragement further from the evidence one who is present in such crime. participation prisoner, case. that that and abetting therein the jury with the charge doubt by Floyd find guilty, that if you that the Shifflett, the prisoners, and fix to the jury their in this �r �INSTRUCTIONNO. The Court of witnesses the law is directly that, jury to each other, on the the reasonableness or lack candor the for the is not bound to their manner of testifying, of their their the interest testimony, apparent of the witness circumstances appearing on the trial, which witnesses are more worthy of credit relative of any such testimony, their intelligence and from all ~ other -from the appearance any appear, accordingly. on on the if weight and testify to determine stand, and fairness, of the trial, jury jury; who may have testified and consistency of intelligence, surrounding the credibility the number who testified have the right of the witnesses apparent that where a number of witnesses as against the jury exclusively the number of witnesses one side result the a question opposite regard side; is instructs in the other determine and what is the and to give credit �t ...... �INSTRUCTION NO. B. The Court may find the a reasonable caused bodily injury maim, d1sr1~ure, words, Taylor, simple that to fins guil~ tha~ with the intent the aX!l'.ba of the against or the if said they to H.E.Taylor. defendants guilty them, the Jury either, to permanently such intent or fs)Jr)d••• or one or them, they, or kill one, assault from the evidence two charges intended and without assault. or malicious either ~ and Lawrence Shifflett to H.E.Taylor disable of these must believe may find doubt before you tha:t, you must believe beyond of either Floyd jury or them, guilty assault, In other the defendants, Dean, or either felonious instructs which the injure the can be guilty jury said only of �..a . .uoy T.T n~~ ! ~ .... ,~ J l'J" 0 e. t '"U t1' 1o· ii, e "t"IL B E V r r.fj lJ;J ·w t ['4 w wlnl d I cw - l /--...:,.,,.J,s<'l"Q J-... C, ~1'! ., ... ~ -r 'J! ) ' 1 [ ll le ,. t • b "I II lOG -'l !"'". '! ee.1 r1 ' eIJ Jsrl .. { Cf bl tl 0 t •• • ,Hl • ~ O'l 0 ~ er,:o '!0 ' • r :i.t brrl'l 1 !I t ::i .... 0 3'-:uroO e :t OJJ'Ij Bl11 b.,.. I l r ;- rl:t lfj 6'lOlad I WITOUH ;t r~ ,1 j.(li ~ '\.._ C .t ., 1 r r l T �INSTRUCTIONNO. D. The Court believe from the evidence was the aggressor prehended force instructs bodily and that harm, as was necessary the jury in this that case if that they H.E.Taylor Lawrence Dean reasonably thA\he had the right to protect himself, ap- to use such and if you ✓ believe that reasonably should find the said Deacn ;1sed only such force deemed necessary him not guilty. to protect himself, as he then you �.a . HO OH HI ... rlj j e 110 'll: e :i a.e bns to t 'lI lrl j ".Hfe v:J: o b e~aeb ve erlj mo~1 al ejo~q ve1Ieo lT.8 oj n,n ue a , t.0 _nj' s j .. rt ml: . fa ·' va 1- r d .fJO �INSTRUCTION The Court which the defendant, Taylor d+d not, unless the able the defendant Taylor, instructs they c.-. the of itse~f, defendant find that any tussle may have had with constitute an assault, from the evidence, Floyd Shifflett Dean in committing shall jury Floyd Shifflett, jury believes doubt,that NO. and beyond a reasonaided an assault the defendant, H.E~ Floyd and abetted upon the Shifflett, said H.E. not -------------------~--- --------_.,.._ -------------------------·--_,_ �ere JJ "( 8 b rl •I.iJ -1- .ed: , •· ~£ • ve n.a ba l.a ;t;teI'l .. . .aB Ifj rro r j !lr.se " dol. t c •iiob ea ;trx 1>rro1 b Id rlj ..._,r LH - -----------------------------------~-----------------~-- �INSTRUCTIONNO. E. The Court sumes every until his instructs oerson guilt charged crime to ~e innocent stage although they might have believed, its case, that and they Floyd Shifflett doubt, yet after hearing behalf of the prisoners, if to the guilt the is their duty to give Shifflett the benefit or either of them,as not guilty. charge Lawrence Dean and/or were guilty the evidence beyond reasonable introduced a reasonable made against the accused on doubt Dean or the defendant on the whole ease or as to any fact to prove that when the Commonwealth they bear of the defendant case and applies are instructed the defendant the defendant doubt of innocence the entire to every closed the law pre- presumption through thereof; that beyond a reasonable and this the prisoner jury with is established by the Commonwealth, goes with the or circumstance as Shifflett, essential them in the indictment, Dean and the accused of the doubt and find them mll~~tlt~ to whom they have a.reasonable doubt, it �• :3: • s.£ -e'Iq j ... j ;tneoo b e B nl: r b r, nl "JJ'lJ j eid -noe 'I bnov. d 't no beou ,o.,.;tnf ! a d'duob I'l:'l:1rl8 ;t ' 1 ned I b B.UO · .xi.lUl , ;:t ·.ucb sI noe 1 < r. erfj h merl;:t ,nl '! o n 11 9rfj .... . .) j V ~ cu mo dj dn ·u 0 VO Cf 0 ,dj v ('., ;t ;t ;t _(tr lo ·"!j! .. • 'lo d J o;t t J 0 "I I.JO T rl ,. ... b j rl3 lo j' !l JJO jf "' b ~ 'IO ~ J n "t0 .,. j .L :, e;H b BO(O ~ t ,e eno l"' n e o r{-1- A;j '"llf ;t j- edj j 'l" V arl I1 'I 'I ed;t 0 ~10 lid 8'I !IO 0 l ert;t nl noe ba "HJ '1 .tolbal 'I-ij :+~ hf' 'IO ;tn V t .... J.... l;tnee ;t• rl 'I 'IWB T ITS 0 r t ;:tr, e I [ ~ .:.tru e e ..,e d 10 ns l I rfj rlo rm 0 b ertl -+!HJ .. :nl'I!> rl;:t OJ ·O d r'llJ JdH b e!d.e 8 'KOITDU .'.t'8HI •• 9 u ' �INSTRUCTIONNO. F. The Court instructs one of the essential p" indictment, to prove elements and the Court mintent" guilt be inferred that "intent" of the crime tells beyond all you that with the charged inconsistent of the in the and that doubt. but must be inferred innocence is the burden reasonable from circumstances of the accused, inconsistent jury is upon the Commonwealth, same must be proved not the of proof the It must with the from circumstances accused. �• el -r ;t al ,.. VT'.'l' 'lo ";ta~1;J'at· 1 d'.s.61 ,.,..~".J·. be~· ..... p_io ~,m edd' 1n ejneme!e a:~ --wd .::teIJ j! 8f ;t dj r: .. lw ! ...1~J w~:fj uo jrrnjel ':l e rll O't -·Cio~ - e• ~CI0"'1'1i i• e.dd' ej:,_,•:r;teal "l!I~j I~· j'IUo r 1ld'rreeee d''IlJ'O') • !L bno . c "'ono:.te;,:::.ro'Ilo rr ' erlT b .,, OT.mO'Il ~ ba_ erl:t ':.o aao ,j'..,.(1_[ t1d jau -~'.:"'l'Ier·rt! -, ' dJ .. j 11 J J ""o.t:bat o urn e-J j'Q[t J e ,, , o 1 • �VIRGINIA: CO_.0 IN THE CIRCUIT COURT OF ROCKI! ..:.Al CCT TY: ,EALTH vs. LA'WREiWEDEAN AND FLOYD SBIFFLE'I'l' This day came the defendants, Shifflett, in person as the grounds jury assault of returned their October and fixing Penitentiary and by counsel, for 1. to set 11, 1949, finding punishment a period aside the following the verdict them guilty of the of malicious at confinement of two and one-half verdict Dean and Floyd and assigned motion their That the Lawrence in the State years: of the jury is contrary to of the jury is contrary to of the jury is co trary to the law; 2. That the verdict the evide 3. ce; That the verdict the law and_ the evidence; 4. That the court testimony offered objections 5. erred accused; That the court erred of the defendants appearing article heretofore been filed Tnat the court motion of them, paper against if article, the to poll the motion a mistrial concerning in the Daily 11, 1 49, ant's in overruling to declare of October 6. certain b: the Commonwealth over the of the of the newspaper in admitting ~ews Record by reason the trial on the mornin a copy of which newspaper as an erred exhibit in overruling the jury any, had read in this 6 has case; the defend- to ascertain the aforementioned which news- arid wl.1.ether they had been prejudiced accused by said article. �~~ ~ .... >, I ~ \"· ft\ ~ ~ (j l1 'l\ 'i .... �C 7f'. Docket No.e{ca COMMONWEALTH of VIRGINIA ) vs. ) Misdr. (appeal) ) LAWRENCE DEAN _J_ul_i_an_K_;_.._H_i_c_kman ________ Own 1949 July ( X) 21. Appointed ( p. d. ) Docketed. I I I CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. �Kevotone Envelope Co., Phlla., Pa. �\ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lawrence Dean and Floyd Shifflett Subject The topic of the resource Felony Malicious Wounding Description An account of the resource Defendant charged with felony malicious wounding Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1948 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_002 Dean Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_020_commonwealth-v-lawrence-franklin-plume.pdf bf578b804ee23be29fcd3bb5ca00b2c9 PDF Text Text �---- --------- �COMMONWEALTH v. LAWRENCEPLUME CHARGE TO JURY If you find manslaughter, his punishment the accused, as charged than cretion, by a fine ment in jail in the by confinement not less one year for If you find Lawrence warrant, not exceeding five you will you will or, Dollars, one year, of involuntary say so and fix for years, One Thousand not exceeding him not guilty, guilty in the penitentiary nor more than a period Plume, a period of in your disor confine- or both. say so and no more. ��Commonweal th v. Plume INSTRUCTIONNO. I The Court instructs the jury that the law presumes the defendant to be innocent until he is proven guilty as charged in the ~(,.,J:~J;'by the Commonwealth, by evidence of moral certainty be- yond all reasonable doubt, and to the exclusion of every reasonable or theory .lilfrhypothesis consistent with his innocence. This presumption of innocence goes with the defendant throughout the whole case and applies at every st~ thereof, so that unless the jury have an abiding conviction of the guilt of the accused, guilty. they should find him not ��COMMONWEALTH v. LAWRENCE PLUME V INSTRUCT ION The Court instructs is the killing an act that negligent follows the jury of a human being involuntary unintentionally 1(~~~-N~~ is unlawful performance that of a lawful as a consequence act; while or in the and that of such a reckless manslaughter performing improper or when a homicide or culpably negligent IS' act as~incompatible causing with the proper such death II- II - is guilty J1 ✓ II. regard of involuntary for human life, manslaughter. the person ��Commonweal th v. Plume INSTRUCTIONNOo The Court instructs the jury that the gist of the crime charged against the defendant is criminal negligence; by the term criminal negligence is meant not simply such neg! igence as might be the foundation of a suit for damages by the person injured or by his personal representatives more than that; in order to be criminal negligence, if killed, but something as distinguished from such • ·1 damage, /"eca1 neg I•1gence as •1s necessary for a c1v1 111 rert,. 111.u, 1t must bes hown t hat t he negligence of the accused was gross or culpable negligence; negligence culpable or gross is that which indicates a callous disregard of human life and of the probable consequente of his act; criminal liability cannot be predicated upon every act carelessly performed merely because such carelessness results in the death of another, but in order for criminal liability to result from negligence, it must necessarily be reckless or wanton and of such a character as to show disregard of the safety of others under circumstances likely to cause injury or death; the crime is imputed because of recklessness, and where there is no recklessness, there is no crime. �'i (. �Commonweal th v. Plume INSTRUCTION NO. The Court instructs the jury that f\it ~ I • • J • tJ. ·cl• the burden is upon the Commonwealth to prove every essential element of the offense with which he is charged, before you can con vi ct, beyond every reasonable doubt, unless you so believe from the evidence has proven the guilt of the defendant and in this case that the Commonwealth beyond every reasonable doubt, it is your duty to find the prisoner not guilty. then �..' �COMMONWEALTH v. LAWRENCE PLUME INSTRUCTION In considering burden whether of prOJing the the Court instructs the "reasonable" nor its is founded on reason, possible doubt, guilty ences doubt, not overlook A reasonable doubt law does not say that imaginable, its conceivable case, including The jury or doubt. of the charge, presented and reasonable cannot which a man must be proved evidence the natural the word imaginable or possible the doubt, is a doubt with of the proof consideratio¢o to be drawn therefrom. to create you should upon the sufficiency of this beyond reasonable and is not to be confused must limit the trial that meaning. beyond every jury of the accused jury for the In passing the guilt or not the Commonwealth has met its at infer- go beyond such evidence nor can you go beyond such evidence to find infer- any iiliif doubt enc es of guilt. Furthermore, arising the from lack questionable material proof fact jury should of evidence, bear from conflicting of any particular essential in mind that to the fact, proof and not a mere doubt concerning testimony should of the guilt immaterial or from be a doubt of a of the accused and nonessential cir- cumstances. If, evidence, after a reasonable your minds are you from reaching then left belief the Commonwealth has failed If, on the other of all conviction of the truth reasonable the doubt. hand, consideration ins uch a state a convinced sideration all and honest after evidence of the an impartial in the charge, of doubt of the guilt to meet its case, of all of the as to prevent of the accused, burden. and reasonable con- you have an abiding you are then satisfied beyond �• ' �I, Lawrence Franklin Plume in open court, before the Judge County, Virginia, do voluntarily of involuntary manslaughter Given under Witness: my hand this ~ warrant, , the accused in the attached of the Circuit Court of Rockingham waive indictment on the said charge 21st day of October ---------- , 1957. �-· :t �B851280 F ,, TATE POLICE ~/// Improper I hereby promise lo appear al the time and place specified above I (Defendant's Signature) ?_-_/._v'_./_-7 __ Date __ _ Summons required under Title 46-Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS JURISDICTION, CITY COUNTY, I PLEA □ GUILTY □ aE PENALTY IF S IELD NO. 1/ This abstract is filed by the Judge or the Clerk of the Court having Jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. CITY CONVICTED OF COURT DATE OF :~~LTV IMPOSED DEFENDANT JNG- I CONVICTED OF SPEED- SPEED TRAVELED APPEAL OF JUDGE OR CLERK LICENSE SUSPENDED □ I TITLE YES TAKEN OvEs SPEED ONo ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- SIGNATURE NAME OR TOWN PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �@ - m •••• ~ Qfy_D_E_PA_R_T_M_EN_r_o_F _sr_A_T_E_P_o_u_c_E_ Date,_/_B_B_5_1_~_e_o_ •-•-::..fy ,,. M--~-----------------/=-fi_c...;?,_, , Trial Juslice ______ to answer ___ for violating the Motor Vehicle Laws of Virginia, Improper . ... CITY ( .I SEX I HE~GHT FT. STATE I WE.IGHt IN. POLICE Driving D Exceeding to appear before: a.~ ______ o'clock.____M. N Operators Li ° Chauffeurs cense D Speed Limit .. j I D r Summons required under Title 46-Section 193, Code of Virginia, Failure to comply with this summons constitutes a separate offense. ABSTRACT OF CONVICTIONOF WITHIN NAMED DEFENDANT JURISDICTION, ,,,,_) COUNTY, ...l , STATE , EYES summonsed __________ Reckless Signature) ADDRESS You are hereby at the time and place specified above promise to appear (Defendant's RACE to-wit: D I hereby --'-_____ ~--------------o~ ~------------- HAIR I I YEAR BORN I OPR. OR CHAUF. LICENSE 1 LICENSE /• PLATE .· NO. I PLEA □ GUILTY □ STATE PENALTY CITY OR TOWN CONVICTED I NAME OF COURT OF I :~~LTY APPEAL TAKEN IMPOSED /r ✓ STATE IF J. SHIELD , NO. This abstract is filed by the Judge or the Clerk of the Court having jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. DEFENDANT ING- CONVICTED OF SPEED• - SPEED TRAVELED I QvES SPEED OF JUDGE I OR CLERK SUSPENDED □ TITLE ·- YES ONO ZONE MPH MPH LICENSE IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDJNC:.SIGNATURE DATE PERIOD SUSPENDED □ No I DATE - } �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road--not Following too closely Failed to signal tum or stop Disregarded stop sign overtaking �.... --_ ....,. .. _. __ ,.,..._.,.._,.. __ ._..,.,..,.. ...______,,,....,._._ - ~---•-..-m~•-•••• ...,.,,...,.,_ Comr. l'orm 18-A I ST A TE OF VIRGINIA X:~ OF Harrisonburg City No ______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: C.P. Bucher Whereas, John G. I.eake has this day made complaint and information on oath before me, ___________________ Justice of The Peace ____________________ of the said Lawrence Franklin __________________________ did on th~ __29th , ___ kill and slay day OL---------------, Robert ,lills, tha~--------------- Rockingham Plume in tbeam4d County and feloni· 011sly , __ 19__ 56 : Unlawfully __________ December against ~y, _ (Name) City the peace and dignity of the Commonwealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of ~ County, the Lody (bmltms) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: ___________________ color ____ Address --------------- □ __________________ color ____ Address ----------------□ __________________ color ____ Address -------------□ ------------------ color ____ Address ---------------□ color ____ Address _______________ --------------- □ as witnesses. 9th Given under my hand and seal, thi~ _____ day of____ July __, ____________ _.;::> _ _;-;{__-=-=-/==-----JUSTICE OF THE PEAC~ ---;;"1---'-<-Y ;, (Title of lssuing_Qffiw) 57 , 19__ (Seal) �Ci'tif HaITisonbarc STATE OF VIRGINIA--CXJIClllll'Y OF --------------------, John G. Leake I, that and Lawrence Franklin Plume Gilbert Plum.e (Rt. 3-Elkton) _______________________ to the Commonwealth of Virginia in the sum of 2500.00 ($ to•witCity Jin!PCmit~ a Justice of the Peace in and for the ~ aforesaid, State of Virginia, do certify v __, BJ his suret " Lawrence Franklin f Pluae __._ shall appear before the ._ CoWlty Aucut 6th Rockinch-• p M., at iaITiso•burc 2 Dollars ) , to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to be rendered, yet upon this condition: That the said -------------------, 0 have this day each acknowledged themselves indebted Tw ThouaanaFive Hundred-------------------------------------------------------------------- County, on the ------ day of ------------- at , Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; Court ~ '19_, -:,7 the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that ~J.P. ~~ ~ ~ Q ., i;: ~ ? \ " a. it ~ ~ ~ er... ~ ~ '--" ~ ~ .....s:, ~ a";; ~ 0.. _..,..__ ~ Ill * 9 Er !!: 15· C, (D " ~ I-'· ::s Q '-r1 s· .-j 0 E. " .-j 0 a. (") 5l i;: 9 30 V, i:: 9 30 :, :, 11 e. & ~ 8 ... :, " '< s· °" ~ s· " ~ .," ~ s ~ ~ ;; C, ...... 0 t '-r1 > ... ... ~ c:, ., :::.: .-j ::i. ~ ~ ., ... .,... 8.. ~ ~ i z ~ ~ 9 0 V, .-j ~ i> ~ @ "'v ~ I-' +.- 0.. , ~ 0 ..... r: :, .,0... I < < 8 ji' 'b 'O !!: ... :;· JJ' ... a. °" " s· s· __;· '< ~C, ., !!: ~ 0... n ·,:t 0... g " .,:, g:, ., " ! ~ 0... .,:, ~ ... " i'I"" s· I I 0 ~ ~ g; I-' ~ (") '"xJ 0 '-r1 'i P> & ~ ~.-j 0 ..... ~ (") (D 0 ,<p .. g 'i ~:T * ~ ::s ~ :E! ~ O" ..... "~ 0 ..... * "& " .-j :,- "..... (") 0 V, .-j ~ Q0. V, 0 i:: C, C, ~ i:: -:.I :;· & ro .... (") 0 '-" .\ I) c:, ----~ V' ¾ ~ C, \ i:: ::; <:> C, - £. 0 11 s· °" 11 ;· ~ ll 11 ... 0 ..... "... " \D (") 0 l :, " 9 " n 0 :, °" N. "0... �C. A S. No. 4 N'l _,, ............... 13642 ,a. �I '. r r.l I I- J_l - o;ir --I I I I I JO �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded to summon County, Greeting: ............. . ................................ 'r.RO.O.r.ER ...BU.CllER ............................. . ...D.ONALD ..MEAD.OWS ................................................................................................................................. . ......C.ll.IEF ...NO.RVELLE. ................................................................................................................................... . to appear before the Judge o'clock. a. m., on the 11th of the Circuit Court of Rockingham day of ..Nov.emb.er County, ........ , 1957 , to at the Court House ther,eof, at 9 :30 testify and the truth to say in behalf of the against Commonwealth 17efore--th-e-6-r.m-d-J-m-.Y",~"'-~~ who stands charged with and--nrdictcd-for a felony -m-:i~l'e!rl'IO.[. And this you shall not omit under penalty. Witness, CHARLES Harrisonburg, Virginia, of the Commonwealth. E. EARMAN, ......... .LAWRENCE .. FR.ANKLIN ..PLUME ...................................... . And have then and there this Writ. JR., Commonwealth's at the Court House, the .21s.t..of Attorney for Rockingham County and the City of . Commonwealth's Attorney �a~ tlW£ OOPYOF THEWITH! . .,Id..!-::..~.2~~~~ ~-IJJ}::.~fa .._ E .......... ... ························-··-··--······-·-~--,. ·······~·······-···············•····· ~....,...' .... !JI!..~ ..~· -----~ ·-· ···············-·······•~·· ----·---------------------------------___ .__________ t•: !" r.c0i • �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: on.....'fa •.).J............................. . You are hereby commanded to summon .. fOt:fj./ff before the Judge of_th~ Circuit Court of Rockingham County, at the Court House thereof, and the trnth to ....--day of. ........ .... '........ ....~a.. say in in the prosecution of the Commonwealth against... ................................... . behalf of the Defendant ·•··•··························· ················:····JI: .... :.•......... -... . 19$.1 .. to testify at'M!o'clock, a. m., on thn ............................................ who stands charged with and indicted for a felon)' ···········•································· ~-!I· And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....... ··"· ........... d,y of..... • ••••••••• '11''! • •••19$'1, ,nd in th'}SZ .Pf~+ ......... , Cl,,k ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon ..Edwin ..Shor.t of Rockingham County, Greeting: . (.Elkton, ...V.a.....).;............................. . .:---1)gni.el ...Flory ...(Elk.ton., ....v.a• .)..;....Herman ..L.ongley, ....Jr.o.....(.Elkt.on., ....Va •. ) ; v'Billy .Wright ...( .C.ampbell ...C.ourt ...Apts •.,I 1.burg , ...V.a.•.)..;................................... . to ~pear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 9· 9 at • o clock, a. m., on thellthday say in behalf of the Defendant of......... Nav:emher., ............. 19.5.7 .. to testify and the truth to in the prosecution of the Commonwealth against....................................... . ...................................Lawr.ence ...F .•....Plume ....................................................................................... . who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .........8th day of ....W.9.Y.~.:rril:)~.:r., .... 19.57, and in thi.l.f3.~4.. year ...... �t • ........ - . -- , • '" '•.SO;J. �R. P. Goon & ASSOCIATES U. S. HIGHWAY ..!Jn6urance SHENANDOAH, OLIVER JANUARY 340 VIRGINIA :lax Service 2-5251 24, 1959 THE CLERK OF THE COURT COUNTY OF RoCKINGHAK HARRISONBURG, VIRGIN IA DEAR SIR: RELATIVE TO THE .ATTACHED SUMMONS FOR THE LAWRENCE FRANKLIN FLUKE CASE HELD SEPTEMBER 27, 1957, MR. & MRS. BEAGHAN AND I HAYE NOT RECEIVED ANY COMPENSATION WH.ATSOEYER FOR .APPEARING .AT THIS C.ASE. WE UNDERSTOOD THAT MILAGE AND ETC. WOULD BE ALLOWED• WILL YOU LET KE KNOW YOUR COMMENTS. YOURS TRULY, ��I Witn_ess Subpoena 4 Commonw:ealth of Virginia: County of Rockingham, to-wit: To the Sheriff You are hereby commande·· 1, in the name of the Commonwealth\of . ~( Virginia to summo. __________ _ ~{ • to appear before The County . ,. ___ t_•_• ___ day of~---~~---- to give evidence in behalf 111 the pending Court of said County, 1c£L, sitting at Harrisonburg, Virginia, m said County, on at the hour of_=?.==-1:~t __________ oP~o-' __1 ---------------------------------- case of ___ C_____________________________________ _ ------".-...:...:.....:.....:...-'--'----=--=-==··:.....------------------------------------- Given under my hand this __ 2·-"--_____ day of __ ;:~~_,t,-'---~-'--'·•-'·=r'--------, 19~:.•, L/L/w-La~1 6-56-SM-Garrison .of that day �The County Court _____ Docket N 0. ( V. ( Witness Subpoena ( 2.14ju .h �V, • th 11//1 ?a k? -L ~Ill✓ �I /( \ \ �---.,.,..r~ .. .0 0 T .0 0 T 5 .l 8 4 .9 0 3 .5 0 5 .6 0 3.50 350 4 .9 0 5 .3 2 5 .7 4 3 .5 0 5 .4 6 4 .3 4 3.50 4 .2 0 4 .0 6 6 .0 2 6 .0 2 4 4 6 6 4 3 .3 4 .6 2 .0 2 .0 2 .9 0 .5 0 .00 108.64 T �I. �' TRIAL JUSTICE COURT Criminal Docket A N<! 24337 j Com'th µ t"U/ V. ,_ /) ~ Jl Defendant I c',,-, T} .'t- " Appearance Date ci°5 Trial Date ,f - 6 - '\l-? 7- 2 7 - ,r / ~e:;::_ �• �Docket No. ,a~;/ ~ . ' ... COMMONWEALTH of VIRGINIA ------- ) WARRANT ) #1 ) VS. Felony ( inv. mans.) LAWRRNCEFRANKLIN PLUME / D-c.......c..._.. _W---'-._E=-ar_m---'-a_n _________ Own (x) Appointed p. d. ( ) 1957 )ctober 21. Indictment &c. waived; accused arraigned and plea not guilty; set for trial Nov. 11. 9/41,;,.. /J1 II. n. • flU-U • . ~7--~ f ! ~ 7 v ·. Lt ~~J ~/. c ~ -I' .:!? t" . 1.,. ;s : ,, -, -·,,~·:: rf O I,..,,,. J I 1 CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. , �Keystone Envelope Co., Phila., Pa. " ' �DESCRIPTION OF PRISONER i,,,ut/ ~1 Last known Color _ address --'~~~~~~-~c'-:---6 _.;:...-'-'--- Heigh~~--~ __ Eves'--1--'--=--- -----'-'_;:_'-:-'-----=-"-----~-------- Hair_"--'-""--"--'-'-''----- W eightc__ ____!_--===-- :;:ks-------=~---=--=-;-t-+-;J=Oc-cu-pa-tio-----"n u=--=i~::~--+1-~-=d,=---,.· ~:=-&~£-J-t:;;--., -------- Date of Trial / / --- I I' - !J 7 Resul.__-=&::__:.:)=----_O_~_. _v__________ ____________________ _ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lawrence Franklin Plume Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1957 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_020 Plume https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_019_commonwealth-v-lawrence-franklin-plume.pdf 904c8591c6dbb25c6dbc0babc8601bc4 PDF Text Text _,,.---. ��COMMONWEALTH v. LAWRENCEPLUME CHARGETO JURY If you find manslaughter, his the accused, as charged punishment than cretion, by a fine m-ent in jail one year for If you find Plume, in the warrant, by corfinement not less Lawrence in the nor more than not exceeding a period you will penitentiary five years, One Thousand not exceeding him not guilty, guilty you will say so and fix for a period of or, in your dis- Dollars, one year, of involuntary or confine- or both. say so and no moreo �.,. �COMMONWEALTH v. LAWRENCE PLUME { INSTRUCTION The Court is the killing an act that of a lawful instructs death jury of a human being is unlawful act; of such a reckless with the the proper is guilty improper when a homicide or culpably for involuntary unintentionally or in the and that regard that ------- negligent human life, of involuntary while performing or negligent follows act performance as a consequence as is incompatible the person manslaughter. manslaughter causing such ��Commonweal th v. Plume INSTRUCTIONNO. ~ The Court instructs the jury that the gist of the crime charged against the defendant is criminal negligence; by the term criminal negligence is meant not simply such negligence as might be the foundation of a suit for damages by the person injured or by his personal representatives, negligence, if killed, but something more than that; in order to be criminal as distinguished from such negligence as is necessary for a civil damage recove it must be shown that the neg( igence of the accused was gross or culpable neg! igence; culpable or gross negligence is that which indicates a callous disregard of human life and the probable consequence of his act; criminal liability cannot be predicated upon every act carelessly performed merely because such carelessness results in the death of another, but in order for criminal liability to result from negligence, it must necessarily be reckless or wanton and of such a character as to show disregard of the safety of others under circumstances likely to cause injury or death; and where there is no recklessness, • the crime is imputed because of recklessness, there is no crime . , �1 • �C ommonwea Ith v. Plume INSTRUCTIONNO. The Court instructs the jury that the law presumes the defendant to be innocent until he is proven guilty as charged in the indictment by the Commonwealth, by evidence of moral certainty beyond all reasonable doubt, and to the exclusion of every reasonable theory or hypothesis consistent with his innocence. This presumption of innocenc goes with the defendant throughout the whole case and applies at every state thereof, so that unless the jury have an abiding conviction of the guilt of the accused, find him not guilty. they should ��Commonweal th v. Plume INSTRUCTIONNO. The Court instructs the jury that the burden is upon the Commonwealth to prove every essential element of the offense with which the defendant is charged, before you can convict, beyond every reasonable doubt, and unless you so believe from the evidence in this case that the Commonwealth has proven the guilto the defendant beyond every reasonable doubt, then it is your duty to find the prisoner not guilty. �1 j 1 �COMMONWEALTH v. LAWRENCEPLUME INSTRUCT ION In considering burden the whether of proving Court the instructs or not the Commonwealth has met its guilt the of the accused jury that "reasonable" nor its meaning. is founded on reason, and is possible doubt, guilty for beyond every In passing the the jury the trial ences of this ences doubt, conceivable sufficiency including to be drawn therefrom. to create doubt not to be confused the natural The jury which such or a man must be proved doubt. of the charge, evidence presented and reasonable cannot nor can you go beyond the word imaginable or possible to the doubt, is a doubt with of the proof consideration case, not overlook law does not say that upon the its you should A reasonable imaginable, must limit beyond reasonable go beyond evidence at infer- such evidence to find infer- of guilt. Furthermore, arising the jury should from laclc of evidence, questionable material proof fact bear from conflicting of any particular essential and not a mere doubt in mind that fact, to the proof concerning testimony should of the guilt immaterial any doubt or from be a doubt of the of a accused and nonessential cir- cumstances. If, evidence, after a reasonable your minds are you from reaching then and honest left in such a state a convinced I belief • the Commonwealth has failed If, on the other sideration of all conviction of the truth beyond all reasonable hand, of the of all of doubt guilt rf the as to prevent of the accused, • to meet 1ts burden. after the evidence an impartial in the of the charge, doubt. consideration case, and reasonable you have an abiding you are then satisfied con- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon . ......Herman ..Me.ado:w.s., ....He.rman...Longley ..,....J.r.•.,........................ . .Ed ...G.~rber., ...Hugh ..Fre.y,. ....an.d ...Alan ..N.orve.lle ................................................................................................... . ....................................................................(.El kt.on.,. ...Va .•.) ..........•................................................................................................... . to appear before the Judge o'clock, a. m., on the the Defendant of the Circuit 23d..day .......................................................... County, at the Court House thereof, of the Commonwealth L.awre.nc.e ... Frankl.in who stands charged with and indicted for a felony against ........................................................................................ . ..Plume ............................. ,........................................................... .. ~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, thel8.th of the Commonwealth. at 9 :30 . D.e.c.e.:mv.er.~........... .. , 19 ..57,to testify and the trnth to say in behalf of oL. in the prosecution Court of Rockingham County, Va., .day of .. ......D.ecemb.er.,.............., 1957- , and in the ...182nd ..year �le-I?:.l.L_JNTH£OOUNTYOF L'm.JTED BY.~UV t • t l:O 1)¥J,,11'...._,. A TRllE (.'..)! y er Ti :f. \\'ITHt~~ a~~--~ ............................ - .. ~.-;; .... ..~.,id--~~ 1/.LZR4.t,~--.., ·--····--·········•·~--- t �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ...................................................... T.RO.O.PER.. BUCHER ..................................................................................................................... . CHIEF.. NORV:ELLE ................................. .. .........................................DON.All)..MEAD.O.WS, .. Eltkt. on .. to appear before the Judge o'clock, a. rn., on the Commonwealth of the Circuit Court of Rockingham at the Court House thereof, at 9 :30 . 23.r.taay of .....De..C.~:mb.~r. .. .. , 19 ...5.7,to testify and the truth to say in behalf of the befoir~ tlre-6rand who stands charged with @ad- CHARLES ..LAWRENCE ...FRANKLIN..PLUME ................................................ . ·:,-nry, against.. +-04+c+e6-~t"a felony And this you shall not omit under penalty. \Vitness, County, E. EARMAN, 1n-i~1+-'l~r. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �, n_.'.l ~ BY Di::L'.',r::! :" A .. , - • ('' ~ TO.. t, -· --.... .• I .... IH? ---- ---·---• _-:·,:-········::Ji.,t:,c;,~d.CLr/4-.-- -- • •• ""-- ..--,-·--- 5 ·R & DEPUTY SHERIFF _............ . _,, ... �13714· �0 . _er 1c • 1· - !------' I I �Witness Subpoena Commomv:ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, "Janald Clee : eadows, to appear before The County __ 2~7_t_h ___ day of in the name of the Commonwealth Elkton, _ Vir,;inic_ Court of said County, ....eptenb of Virginia to summo. __________ r 19 sitting at Harrisonburg, 57, at the hour of __ Virginia, 111 2_:_f_I_ .._________ said County, on ,of that day to give evidence in behalf of Com' th 111 V. the pending L;:,;,rence case of _C_o_r.1_,,_t_h _______________________ rranldin _ Flume Given under my hand this __ 2____,_4 _____ day of bept ;r.lb,,r , 19 57 ~ w~rza✓DP.TI. ¥/' k 1 6-56-SM-Garrison Clerk C!.¢.rlc �ket No. 24336 A ~ 0 rs. 11::: ~ E-4 E-4 < ~ 0 1 th Co111 >I- 0 :z r.r::I :r:: E--1 z ~ I i:,::i H ~ ll'.l ::s <C ffi z H 0 :::s::: 0 ,.q 0 ·1 :s: < a: w p [:ij ::::> U.I I.I.. 0 C I.I.. (..) 0::. cc: X I- Cl) Cl)~ ( V. ( Witness Subpoena ( 2 <t :::c - ~ (..) ~ J.mvrcnce E:i:ank] j n Pl 1n:1e ~e,Jt ,mbor 27! 19S'l i c.t 2: 1)1' �Witness Subpoena Ccmmonw:ealth of Virginia: County of Rockingham, to-wit: To the Sheriff ~:]ii';~:Xt~iift~iXXG:i3~~ You are hereby commanded, f.:>.y()r ,r. Robert & r.xs. Good; 27th ;. J. Beaghan, day of County, in the name of the Commonwealth Shenandoah, to appear before The County of Page Vao ~""'0 ~ J""t) Srienandoah, of Virginia to summot._ ________ ,, I) sitting at Harrisonburg, i Septe:nber 19.51.__, at the hour o Virginia, 2 • "'""' the pending case of ___ v. Lawrence :franklin 1_t:_h C_o_m_ ____________________ 6-56-SM-Garrison 2_4~ ____ said County, on _ _ Plume Given under my hand this __ 111 of that day 1_t_h to give evidence in behalf of~C_o_m_ _________________________________ 111 _ ~'"o ~ Va.. Court of said County, Greetin13: day of~-~S~e....._p~t~e~rr~1.b~e~r~----, 19-$..- �- a c,,.:z 01 aa' Q,, g t The County Court ____ _J.Jocket No. Co th ( V. ( Witness ( L· ,rence Se~temb~r ~ 24336 A Subpoena ran.l:lin ?l1L"".le 27, 1957, at 2: C ..... > - �I, Lawrence Franklin Plume , the accused in the attached warrant, in open court, before the ~udge of the Circuit Court of Rockingham County, Virginia, do voluntarily waive indictment on the said charge of involuntary manslaughter Given under Witne~~ my hand this 21st day of October ----------' 1957 • ��Improper I hereby promise to appear al the time and place sp Summons required under Title 46--Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. I (Defendant's Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS JURISDICTION, CITY PLEA □ GUTL TY COUNTY, □ I :~~L CLTY I OR TOWN CONVICTED NAME OF COURT DATE OF TY PENALTY IMPOSED STATE V IF DEFENDANT ING- I CONVICTED OF SPEED- SIGNATURE TRAVELED OF JUDGE OR CLERK LICENSE I TITLE SUSPENDED □ YES TAKEN DYES SPEED MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- This abstract is filed by the Judge or the Clerk of the Court having Jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. SPEED APPEAL ONo ZONE MPH PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis ar~: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal turn or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �B851279 DEPARTMENT OF STATE POLICE / / Date,_____________ Trial Justlce ______________________ (Defendant's _ Li D ,o,~--------------O-----------a~-----~o'clock____M, '10 answer for violating the Motor Vehicle Laws of Virginia, lo-wit: Reckless Driving Improper I hereby promise lo appear -"I D N D Exceeding Speed Limit ,, J7. al the time and place specified above Operators ° Chauffeur■ cense r Summons required under Title 46--Secllon 193, Code of Virginia. offense. I Failure to comply with this summons constitutes a separate Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS JURISDICTION, .~ _ _, ,a - CITY RACE I SEX_ I HEIG7T FT.✓ STATE IN. ,:>A" _} l.~AIR l Y~AR BORN COUNTY, ) STATE ,, ~EYES,, WEIGHT POLICE l· I I OPR. OR.CHAUF. LJt:ENSE - , PLATE LICENSE NO, - NOT PENALTY IMPOSED STATE IF -~ .. SHIELD - NO. J This abstract is filed by the Judge or the Clerk of the Court having jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. DEFENDANT ING- I CONVICTED CONVICTED - NAME OF COURT OF OF SPEED• I I SPEED TRAVELED DATE APPEAL TAKEN OF JUDGE OR CLERK LICENSE I SUSPENDED □ TITLE YES □ No OvEs SPEED ZONE MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- SIGNATURE I GUILTY STATE . f PLEA □ GUILTY □ < <, CITY OR TOWN MPH PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road--not Following too closely Failed to signal turn or stop Disregarded stop sign overtaking �C:,mp. P-oYm 18 l STATE OF VIRGINIA OF Harrisonburg ~ r No .._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: C.?. Whereas, ------------------------------------- Blcher John G. Leake has this day made complaint and information on oath before me, -------------------- Justice (Name) Sity of The Peace of the said o?omtty, that _______________ _ Rockingham (Title) Lawrence Franklin did on the.__ 2_9_th __ kill and slay day of____ Velva Dover, Plume ______ D_e_c_em_b_e_r ______ against , 19~: the peace Unlawfully and dignity of the in t~d County and feloniously, Common·wealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of t~ County, the body (~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address ----------------□ color Address _________ _ □ color Address ________ _ Cl color Address ________ color Address ______ _ ------□ _ ·---□ as witnesses. Given under my hand and seal, this_-'--9_th ___ day of____ J_u_l__,y'--T----~--.......,,~--~ iL7~· /cr0e of Issuing Officer) JUSTICEOF THEPEACE 19~ 7 (Seal) �City STATE OF VIRGINIA-cxxm:tX JohA G • Leake I. . ~ a PJ.mne to the Commonwealth 2500.00 ($ (Rt. J-EJ.kton) , as his suret of Virginia in the sum of in and for the CQaxy aforesaid, State of Virginia, do certify Justice of the Peace Lawrence Flanklin PlUJle that and Gilbert, lf:tt~= QF _Ha_r_n_·_s_gllb--'---ar=---'-----------~, Y Two Thousand. Five Hundred--------------------------------Dollars ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the , have this day each acknowledged themselves indebted lands, and tenements Lawrence Franklh1 Plume said _____________________ 6ta Recki.Jlchaa of -----------'=-------------- County, on the ______ to the use of the Commonwealth <mt , shall appear before the _ day of ___ County A_up=-•-t_____ to Court ~ 192L, at 2 p M., at HarriSOllbq ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ___________ days Judge. 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"' :a n, .., ,.. .... ., 0 "0 (") 0 C ::, OQ ~ 0.. - 0 ::, ;:r ,.. �TRIAL JUSTICE COURT Criminal Docket Com'th V. W, w.W ...- Defendant t,,[ - ¢ Appearance 1 ;,.(,) 'p. Date J- - (;, - 0 - e../,', Trial Date '/ - .2. I - -.J-i' 7 �I v �f4-ku:~ ,-b1.-v~,t_ Docket No. ~?Yd:. 71--~ -;<L............... ~ COMMONWEALTH of VIRGINIA -~ VS. WARRANT# I ) 2 LAWRENCE FRANKLIN Felony ( inv. I, PLUME D • W . Earman Own (x ) Appointed mans.) / d• --------------P· 1957 October accused '/J~ ~---~,_P~). 2l. ( Indictment &c. waived; arraigned and plea not guilty; . y~. ) ~~~ / /) - - 9/;./7?,. 1 ~ 1~ CIRCUIT COURT OFROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lawrence Franklin Plume Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1957 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_019 Plume https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_007_commonwealth-v-leo-hoover-hensley.pdf 919cf1940aa9e2de068936fb8ab34db3 PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOFROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors of the said Hensley of County, ockingha, upon their on the 12th day of April, ham, feloniously and unlawfully Franklin against ~erica, Term, of the Commonwealth of Virginia, the body of the County Court April County, now attending oath present 1956, did kill the peace the Circuit Leo Hoover County of Rocking- and slay and dignity in and for that in said 1956. one Benjamin of the Commonwealth of Virginia. Upon the evidence Ray Morris, Jury to give witnesses of Sheriff Dewey Haney, sworn in open Court Ernest and sent Merica and to the Grand evidence. .' �COMJviONWEALTH V. INDICTMENT • A TRUE BI LEO HOOVER HENSLEY flfl Foreman Charles E. Earman, Jr. C01mnonwealth' s Attorney �:1/..e_ ~ ~ p ~ c,,r~~ -~~~)~r1 '1?!~~ ~-~·-Fk~~ ~ ~~~ t--~ ~ ~~~~•: ~ tc f- r I~~) •• (J~l-'1 ~J • • �1 \"• ·1 . r: r., '~ I I I '1~·1 l '1 !] '1 '1 '1 ) 1 j I ;, �COMMONWEALTH v. LEO HOOVERHENSLEY I INSTRUCTION The Court is the killing ally while nious, ful instructs the performing and that such death involuntary an act that the proper is guilty regard is unlawful or negligent or culpably for manslaughter unintention- when a homicide of such a reckless ble with that of a human being or in the improper act; jury performance follows negligent human life, of involuntary but not feloof a law- as a consequence act as is incompatithe person manslaughter. causing �l, �INSTRUCTION NO. --The court every person charged is establishe~ and this having case, of innocence and applies heard all the law presumes until his guilt or as to any fact at every of the evidence of the doubt, essential it stage thereof; in this case, of the accused through and if, the jury upon the whole to prove the charge made against is their and find doubt, goes with the accused doubt of the g~ilt him in the indictment, benefit that by the Commonwealth beyond a reasonable have a reasonable case, the jury with crime to be innocent presumption the entire after instructs • duty to give him not guilty. the prisoner the ��COM}ONWEALTH v. LEO HOOVER HENSLEY 3 INSTRUCTION In considering burden of proving the Court possible guilty doubt, beyond for jury must limit the trial of this imaginable, its case, including to create the from lack material evidence, vent fact If, sideration viction all jury essential after should bear or doubt. of the charge, evidence presented and reasonable cannot at in- go beyond such in mind that fact, to of the should and nonessential reasonable and honest consideration in such a state a convinced belief hand, after the evidence truth doubt. of the in the case, charge, of all of doubt to meet its you are of the as to preof the ac- burden. and reasonable con- you have an abiding then and circumstances. of the guilt an impartial of a of the accused i1 aterial left or from be a doubt concerning on the other of all any such doubt testimony, of the guilt the Commonwealth has failed reasonable imaginable a man must be proved from conflicting to the proof your minds are then the natural of any particular you from reaching cused, with of the proof The jury a doubt which or possible to the the word nor can you go beynnd such evidence of evidence, proof not a mere doubt If, doubt, is doubt, of guilt. Furthermore, questionable conceivable consideration evidence arising doubt law does not say that to be drawn therefrom. inferences not overlook A reasonable ferences find you should upon the sufficiency the beyond reasonable and is not to be confused the every In passing that meaning. on reason, the Commonwealth has met its of the accused the jury nor its founded or not the guilt instructs "reasonable" is whether satisfied con- beyond �... .... ,.., r 0 ' j ., C' a \;) rorr P.8 8 il'O t '; .i: fl 0 vl: ~ 0 e 1 n J l JJ8 J.It 1 d 110"£ J.;0 , . r. , noe '1 110 t ' .t '10 • oJ .i: ll :t 1 C. 1: c_._:::,... -L~ ( 81: :t no D o.t e e .i: t . .t 0'1 ... J e I 'I j '"I 'I ei .i: I u~ n :t 8Li L ... .t 11 :t .,noa eIJ '..88Ci a:t 1o :t rr. litl e e .'t e I Ju u 0 .i ( j- 'r' lo ?. 0 f J •j ~·, , ...u J e 0 ' .: r 0 ... ue J j r l jt :r;l , o·i:1 O'l ~ 4- 0 88 j e en ' .a.Li (J ~ cc ,, [i ~ 1 .. J .., t a -! ;' n· !J() r :J r c.,e r ;:) . _; L. '~ .) I t n .J ! .l. ..I. rl J L �COMMONWEALTH V. LEO HOOVERHENSLEY INSTRUCTION The Court into:dcation instructs is may• e the result any purpose so drunk conduct of long during drinker jury for that crime, as to ~ecome on that such drunkenness. words, cannot account or voluntary such drunkenness and habitual in other or not, drunkenness al though continued to commit crime; he be an habitual self no e::cuse the drinking, a person, voluntarily irresponsible without whether uake himfor his �.,) " ... �COMMONWEALTH V. LEO HOOVERHENSLEY INSTI UCTION The Court purely tells accidental the and careless or reckless homicide is excusa~Jle of excusable accidental in death person must have of another jury the act conduct in on the law; done such if a killing unaccor~anied with killing of , in the order to prevail, due regard must appears by any part howeve homicide been and that have to be criminally slayer, such for defense the the act resulting for the life been accidental. and �.) t �CO· -IONWEALTH v. LEO HOOVERHENSLEY INSTRUCTION ---- The Court nesses instructs is a question the right their jury exclusively to determine the stand, the testimony, ness, apparent intelligence of the witness in the result from all surrounding determine the relative dingly. which witnesses weight their and the jury of the witnesses apparent or lack of the trial, circumstances candor if if any, and to give on and fairthe the interest any appear, of credit have and of intelligence, appearing are more worthy of any testimony, jury; of wit- the reasonableness to the parties, of the witness other the manner of testifying, of their relationship for the credibility from the appearance consistency their that and on the trial, and what is credit accor- �'O .i: J •J 1 .1: r n 0 0 ' r: �DESCRIPTION OF PRISONER Last known address - 7, Color_-----"'-)-"/-=----M arks (J r>vf) -9 ) ---'-7~,;---'I'----'fY------------"P,_______,Z-c=--------------------------- Height J- ~ Weight / b C) /y I ,,_ J Occupation Ag'----',--'---'--- Date of Trial ,1/IS,/f ResulL--.. __ !J"_/"z.,....---'-~---------- t __________________ _ ��D. W. Earman, atty. In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ..P..~.@...~P.9: ...Hul:?,~.:r,:t..,.M~adqw,~ .......... You are hereby commanded to summon ...... ..E.lt.j@ to ~pear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ,o 9: at of. ......May.,. .. . ... ....... . o'clock, a. m., on thel.5thday say in behalf ................................ in the prosecution of the Commonwealth against....................................... . of the Defendant ....... 1-!~<? 195.6 to testify and the truth to .... ~.~-q.Y.e..~ ...~~.~.~J.e.Y ............................................................................... .. who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ......12th d,y of M~Y , 19 5(, , ~ ...,J in th;J. °oz.'~ ::h, ?Z::.. -to/ ~.... ...... =•=~•u:'"_' ....6: f ,AJ-U t ' �0) CEI~ 'MAY 12195 SHERIFF'S OFF - . ROGk:IN~H ' Y) _r::/'f--~ ~ 'THE ROCKINGHAM BY DELI .aECUTED COUNTY 01' STRAWDER SHERIFF ROCKINGHAM C U~JTY �- --- �---- �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded NEY.............................................. . .....tc.ERNEST . RI.CA......................'9.. ............ ........... to appear Y...MO Is. #"I of the Circuit o'clock, a. m., on the .15.th.day Commonwealth ; ~ -, ~ "' __L).... ......... ' .~ .. ..... before the Judge Greeting: to summon ............SHERIFF.. .....l0 County, of J, 1. . ..{ 3 ..... q,,/__ ~~~·_,,,., ~ Court of Rockingham y County, at the Court House thereof, at 9 :30 ...., 19 5 6, to testify and the truth to say in behalf of the be+on~•-tiTe-,Gt,a,itfi-~y, against ..... LE.O...HO.OVER ...HEN.SLEY..................................................... .. who stands charged with and indicted for a felony n~i,gd.e.iJ.1.eaua.r. And this you shall not omit under penalty. \Vitness, Harrisonburg, CHARLES Virginia, of the Commonwealth. E. EARMAN, And have then and there this Writ. JR., Commonwealth's at the Court House, the Attorney .2n: .....of .. l\ ay /1 .~ /} for Rockingham . /J ......'/ ? ....... County and the City of 6, and in the ~ ,.·c~ Commonwealth's Attorney �>12! ::, 0 c.., :E < :::c c.:, z ;;2 c.., 0 a: �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded ................... to appear E.:UG:EN.E. ... to summon Commonwealth .. of the Circuit o'clock, a. m., on the 1.5th ..day of Greeting: ............................................................................................................................... :aAJl: ..IB....., ....E.llrto.n., before the Judge County, .Y.i.rginia ... Court of Rockingham ... {ay .. befor-e-tne-Gnr1*ft.n"Y,-against . County, at the Court House ther-eof, at 9:30 . , 19 .56, to testify and the truth to say in behalf of the ...LEO..HOOVER HENSLEY............... . who stands charged with and indicted for a felony 1ti.i-s~en+~aR0-r. And this you shall not omit under penal,ty. And have then and there this Writ. \Vitness, CHARLES E. EARMAN, JR., Commonwealth's Han,isonburg, Virginia, at the Court House, the .... 3.r.d...of of the Commonwealth. Attorney ..May for Rockingham County and the City of , 19 56, and in the 18Otlyear fLLL~~·· Commomvealth's Attorney �!\) \' '0 ~"~'-~ ~ -------~ ~ ~ , f ~ "'-. ROCKINGHAM COUNTY SHERIFF GA 'IROE ~XECU'rEDr:l1-j ipIN THE COUNTY 01' • ...:!-=----LJ.J ~~ r"'"'.I --~ -11?, ~\ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: Court of Rockingham County. to summon .............. ,......S.HERIFF..DEWEY ...HANEY. ................ .. ................... ERNEST....MERICA ....RAY..KORRIS .. to appear before the Judge of the Circuit o'clock, a. m., on the Jf3th..day Commonwealth of . ,i\pi;:tJ,. before the Grand Jury, against who stands charged with -a.+.EI-iiKHGt@d.. ;k)+· a CHARLES Hari,isonburg, Virginia, of the Commonwealth. E. EARMAN, thereof, at 9:30 ..., 1<:£.i.6 ..., to testify and the truth to say in behalf of the LE.0.. H0OVER...HENSLEY... ................. . felony ..i...i.e~~W)... And this you shall not omit under penalty. Witness, at the Court House And have then and there this Writ. JR., Commonwealth's at the Court House, the ...1.3.th ..of . Attorney for Rockingham County and the City of 22-~~~=~w Commonwealth·s Attorney ��In the Name of the Commonwealth of Virginia: To the, Sheriff of Rockingham County, Greeting: You are hereby commanded to appear to summon before the Judge of the Circuit o'clock, a. m., on the Commonwealth Court of Rockingham ......clay of County, at the Court House thereof, at 9 :30 ..., 19 ...... , to testify and the truth to say in behalf of the before the Grand Jury, against .. who stands charged with ~ffd'·•hnt'~~ ftrr a felony ffi'i ~M~ . And this you shall not omit under penalty. Witne~s, CHARLES E. EARMAN, And have then and there this Writ. JR., Commonwealth's Harr-isonburg, Virginia, at the Court House, the of the Commonwealth. Attorney for Rockingham County and the City of ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon to appear of the Circuit before the Judge o'clock, a. m., on the ...... ,J.'.,., Court of "Rockingham , 19.. ..••...••. County, at the Court House ther-eof, at 9 :30 , to testify and the truth to say in behalf of the Common wealth bef11r'e-rh-e"'Or:r1rcJ-fury ,-against who stands charged with and indicted for a felony misderneanm-. , And this you shall not omit under penalty. Witness, CHARLES Harrisonburg, Virginia, of the Commonwealth. E. EARMAN, JR, And have then and there this Writ. Commonwealth's at the Court House, the .. Attorney for Rockingham County and the City of �I l t .. l J ' I , �---, In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon 7 ....~ ...................... . ;i:3 --- 'J.•,··········· .. I' .'.}.~~·······~·······••cf:••··············•················•··· ..Y ...,._ . ·......... to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the .:..,::;; : .....day of Commonwealth ............. l,ofa-r@ Ii ~.H~-}u+y, " r 4·!,·'11·•········ County, at the Court House ther,eof, at 9 :30 ..., 19.. :;._;;,to testify and the truth to say in behalf of the against. who stands charged with and indicted for a felony misd.emeaJJ.ar. And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this Writ. f C'LL......... . JR., Commonwealth's Attorney Harr,isonburg, Virginia, at the Court House, the ..::,«: ...... of . . ,.. J . of the Commonwealth. for Rockingham . 9 , ", Commonwealth's County and the City of d in the �1 , ·, " �Comp. Form 18-A I ST ATE OF VIRGINIA ~ oF Harrisonburg No. ______ To-Wit: _ c·t:v 1 TO ANY SHERIFF OR POLICE OFFICER: Dewey Haney Whereas, John G. Leake has this day made complaint and information on oath before me, (Name) City of The Pe~ce Justice of the said Gicu<Jiy,that ______________ Leo Hoover ______________________________________ 12th did on th~ _____ kill .day o~------------ and slay Benjamin Franklin Hensley in tXllCJQ[X)County 56 April Merica, _ Rockingham (Title) 19__ against and feloniously ; Unlawfully __________ the peace and 'dignity _ of 1he Commonwealth of Virginia These are, therefore, to command you, in the name of the Commomvealth, to apprehend and bring before the Rockinghan Trial Justice Court of ~ County, the body (~ to be further dealt with according to law. of the above accused, to answer the said complaint and And you are also directed to summon color ____ Address ---------------□ color ____ Address ---------------□ color ___ _ color ____ ------------------ color ___ Address ---------------□ Address _ --------------□ Address ---------------- □ as witnesses. 19~ ( Seal) �STATE OF VIRGINIA-COUNTY ____, to-wit: Q.._ _______________ a I, __________________ Trial Ju,tice Justice of the Peace in and for the County aforesaid, State of Viriinia, do certify that--------------------------------------------------------and -------------------------, •• hi• sure.,_ __ __, ban this day each acknowledied themselves indebted Dollara to the Commomvealth of Virainia in the sum of ----------------------------------- ), to be made and levied of their respective goods and chattel,, Janda, and tenements to the use of the Commonwealth to , ________ be rendered, yet upon this condition: That the said._________________ _, Circuit Court Trial Justice shall appear before the day 0--------------. of ---------------------County, on the ________ at -----M., at--~-------------• Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he i1 charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it i1 declared void by order of a competent court; and upon the fu"rther condition that the said-------------------from the date hereof. shall ket•p the peace and be of good behavior for a period o,_________ Given under my hand, this _______ ,day1 ___ 19____ _ day of _______________ --------------T. J., J. R TO CONSTITUTE A WAIVER OF TRIALBY JURl ~ONAPPEARANU SHALL BE DEEMED ..r: < ~ ?' ti 0 ~ > (') ~ ~ t-1 ;ii:; ~ > z l:I: ~ ii:: ft tj (I) z a= 9 0 '1 ,-,J 0 >-l 0 0 l:i:J (') 0 'Il z > ~ ~ ~ t:rl U1 t" > tZ1 ,-,J I-' >-l ::x: a, cc: ::7> ::, Q, ;. " (") 0 'Il >-l ~ ~ s· n --l 0 E. () 0 .,~ U1 C: 3 3 3 3 " ;. > ::,q 0 "' ., 0 ::, ~ ~ .... ::, n, 0 ::, s· ~ s., n, ~ s en "' en ~ ::, "., ..... ~ 'Il n, n, ;..:,;- .. > ~ .. " ;., OQ n, txl ~ ::;:i ;.· ., ~ .,., ., ::, "' .. C: ::, Q, ., n, 'O ::, ~ " '< ::, Q, Q, txl ::, II' n n (i .. ., Q, '< - 0 <: ::;· OQ 5· F ., .. < ::;· s· 0 ., OQ 'O 'O n, F' .,., ~ CT "., 0 8.. 0 " ;. Q, " '< " ::r ........ >-l ., §: 0 (') 0 en ti!: I'll 0 ,-,J C. .... 1 ,-,J ~ ' ~ ~ ~ b. t.. '. \} ~ \"'· ,,,_, .\ ECi '-4::;· " ~ ::, ....s· ;. " C: g OQ V> -· ,:;· ~- ;n, V> 4 (i .. " .. 0 C: 'O 1 .. "' "' - ~ ., n 0 (i 0 C: ::, -:t "0 (') IJq ::, ;::;· n, Q, �INSTRUCTION NO. L The Court instructs the evidence killed, that the jury that Benjamin Franklin they should find if they believe Merica was accidentally the defendant not guilty. from �~IJ ~ I ~ ~I~ /-u h_J ~ ~- h h ~ 11Ad ... ~ ~~ (/7~~ ~~ ~ ~ /(_ ~ ; ~, -9 · ·:n,0/2 h-i ~~ ~ ~-I- ~ ~ '/_.,;T__,,,--/ h I ~ ~ ~-__... Pr'n,, _h ~ ~~ c:u;e/~ )x:, • ~cur~ ~ ~ ~ ~ It ~ ~v-~ t~~eaJ ~"~,*~~ ~~ ~, ~ ~-~ - ~ �COMMONWEALTH v. LEO HOOVERHENSLEY CHARGETO JURY If you find involuntary will manslaughter, say so and fix tentiary five the accused, for years, One Thousand not exceeding or, punishment one year, guilty in the indictment, by confinement of not less in your Dollars, If you find as charged his a period Leo Hoover Hensley, than one year discretion, by a fine or confinement in jail of you in the peninor more than not exceeding for a period or both. him not guilty, you will say so and no more. ��Docket No, j/ 34 . COMMONWEALTH 1 ✓- of VIRGINIA ) vs. ) ) LEO HOOVERHENSLEY ;t ,r ( (I ........... /2L~, *~--~-~~~~----P· Own ()( ) d. Appointed ( ) 7 CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Kevotone Envelope Co., Pbila., Pa. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Leo Hoover Hensley Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1956 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_007 Hensley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_008_commonwealth-v-leonard-caldwell.pdf c5411cab8e235657891257bc7823780b PDF Text Text STATE OF VIRGINIA, COll""NTY OF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUN'I1Y: The grand ju_rors body of the County Com~t of said do present 1952, that in said murder of the State of Rockingham County, at its of Virginia, a...Dd now August attending Term, 1952, LEONARDCALDWELL,on or about County, unlawfully one John Rawley Carr in and for the upon their the peace oaths the 7th day of March, and feloniously against the Circuit did kill and dignity and of the Commonwealth of Virginia. This a witness evidence. indictment is found sv10rn in court upon the and sent before testimony the grand of A. L. Strawderman, ju_ry to give �~ ~~ i· }· ~-._\ )=. l,...'t' ~tt· ~ 1 ttrL~ ~11 •t ~ t~ ·rf, p l1 CorJ,:OWIEALTH v. bill: INDICTUENT Foreman Term, 1952 LEONARD CALDWELL FELONY August A true "ITNESSES: D. ·Conrad A. L. Strawderman George Cor.unonweal th I s Attorney '"" ~ ~ '" ~ -~ \ \~ ~ ' ~ ''. ~ ~ .., "\ .V) \ ?t, 1~ -~ 1 ~ " ~ .... '\., \3 ~ \·' '\J { I;'· 'J '- \) ~ ~ 1~( ,; ~ ~ ~ ~ \ \~ -~\. I~ '<"c, ' \. '\ ~ ~ ~' ~ I\; :.~ \: ),, A.."'\ I '"1-11 ~ ''\ ~ t ~, "' I\ -~ \ r-- ~ ~ \.. "' ~ '~~ ' \ ,. ·~~ '\ -..._} ' ~ '\.,'\ ~ 0 ~ ;,.~ ~ {~ ~ \ . a ~) !~ ~ ~ ~ ~ ~ -~ \) ~i l �1. I 1 I Sheriff's Office Court House Harrisonburg, Virginia Marc h 7, 19 52; 9 : 4 5 p . m. 2 3 My name is LEONARD CALDWELL and I am twenty-seven 4 5 of age. 6 Virginia. My residence 8 unless 9 my own free 10 used against 11 do make the following 12 in the office 13 House, Harrisonburg, 14 A. L. Strawderman, 15 Earl 16 Trooper 17 is Hopkins Gap, Rockingham County, have been told 7 I desire that I need not make this to do so; that wi 11, and that everything anything me in a criminal statement 7th day of March 1952 in the presence Court of Sheriff Dewey Haney, Deputy Sheriff Attorney and court be Nevertheless, of Rockingham County, Deputy Sheriff D. M. Slane, I say can be and will this Virginia, Commonwealth's statement I say must be of prosecution. of the Sheriff Turner, years George D. Conrad, reporter State C. Overton Lee: Today, March 7, 1952, I met a man by the name of Swartz 18 around the Court Square, 19 in the afternoon. 20 not have anything 21 to go out to the Rockingham Construction 22 getting 23 would not let 24 Company. 25 him to in Harrisonburg, Swartz was drinking with him. my old job back. wait at about at that got a fifth two o'clock time but did of wine. I wanted Company to see about He wanted to drive me out but him, and we walked out to the Construction On the way out, there we stopped at the diner unt i 1 I went out to see about C. Overton Lee Court Reporter HarrisonJmrg, Virginia and I told the job; and �.r t J H M I' 2 t u n :t 2-'{:tn V -'< Mr n • >f... r qr 5M J _Jj e i >l i I ]J l b, Jn t , . ' . :t :te airl.t jn i '1 d :teum d f[i br. :i •L.n j :t,u :, 1 i, I I S j- jc;. rlg 1} , a >. I W, to r; \ ~ ucd :tud ~ It od ~ bn :t 9 dno i ,, i \l lo rl:tti't (i '{n q I m u,i an J') I b~s 11oqs1 1 7 ~doL .d:t nib :tuod J noit Hi t :t fuq~G t,u :> b .6 t I ?, j , "G • rl n1 i ' ., \ b ev .tuo t :tuo :tn'" I •. I I rl j l n1 1 H • e , I ... , :t '2 b . J r, n 12 . . ," 00 ~ <..l T p n t uo') ,. I :t bnu (, , .no j- rl .t s j 9ft '3.it nu ul tij 11 g u 'l' .n;tt·r, , mi rl t ,r V ( rl j V . >I:,sd doL bl· h s>I I rU fo b.qqof,. ' m Jb ,1sn1uf .r1 ni>l:, n ·, ~ n;ns' u t91 j 0 ,u .) i1Gmmo' I Ji i ., i1 f' 6ffi l s: I :tog t, o.t . 1ud r .r.e 1 o I J o1 0 u t t rt t ~ [ : .i ? "'!) \' , i rr i I i d ., n• t i i 1J 'rU u ·tf an vi1b ea n ri (.. i, :t j A .ni>lni1b :tud :tuo I of l riJ ,sini ni n rn 0 j l .,n, J 1 "b ni n V rU I t··o j e o:t n ij 11 i:t tslt . :tns , o. i " rl j 1 r bio ' I: .X nsH , t1 ?. 111 j l .nirl:txn xJ '{ j ,J vs :t rl t .noi Ju:>~,. 1,1 r J :t t rl t bo n I l '{ l '{ S?, l r1 :t 1 gn,d t itc,v ' ?, >l n) t i fU on I ' • '<n ._.moJ 0 mi t,• !>' (./' - �2 Statement of Leonard Caldwell 1 he waited there 2 down to where his truck was parked. 3 wanted to go out to see his father, who had the flu. 4 father We then went out to his 5 father's 6 there, 7 in the back of his truck and some cartridges 8 we shot target 9 shooting lives until I came back. out at the "gravels." and Swartz was driving his father target leaving a while, Swartz said the truck, was not at home. before We then came on back that His but when we got Swartz had a .22 rifle in a box, so his father's Swartz suggested home. that After we go to the 10 Gap to get some wine to drink. 11 and started 12 home, Swartz was driving 13 and got hung up in a ditch 14 Basil 15 pretty 16 take over the driving. 17 home of James Shifflett's. 18 in the Ga~. 19 couple of times. 20 There was nobody at his home but James and his wife. 21 not see Frank Conley there. 22 or twenty minutes. 23 to James about Carr; 24 I" was going to do to Carr. 25 James to get some wine. for the Gap. Brown pulled well on and that We then got in the truck As we were leaving the truck I his father's and he got over too far alongside us out. he of the lane. We got then told Swartz that I would drive the truck, he was and I did then drove up to the Gap to the That is the only place we went We did not ride up and down the road there We only went to James Shifflett's We stayed While I was there, there a home one . I did about fifteen I did not say anythin I did not say aoything to him about wha I did borrow fifty cents from While we were at James Shifflett's C. Overton Lee Court Reporter Harrisonburg, Virginia �Jr n n t , •' m ri t rU bi -e eiH .url r nsrl d j u,t t~ . 2 l 2 1 ,srlf morl w .tsrl.t oJ og 9rl.t t"'o >1·u11 erl:t ni .to) ' ~ :t l 2i rtiYS!,f t oo.t .toe 1 .to VO .sn .v bn bi srl.t o l q D tW :) , rf.t b bio nirltxns f Q '{fno 91 W bn xsa .ton bib 1ri oi em we qu eu 9W ; u !till u ~nurl :t·g n r j rl I/ 10'1 , -u ·• bn fie 018 no rr w ~ 1 ) • a,, ~ .t.t 1q oJ + , n ,1 ~fquoo lt ~ e,srlT e 2 .ton iog I ni J .tu dv am 0 morl Jnewj juni :t o 0 j to bodon c fno 8 vo s>lsJ j, t i11 .,, I St .2 ~it .• .ton bib I 'smorl . q sc) sri j s -, rt .t e w 919\'V t1 .ton bi . ,sn1 bib be.ti .ta bns ,swe srruq e qcc.J m l. ~o mo~ airl bsxst2 oi .t.tefllirl2 L o.t .tn w xrno ~ niioorl :t iviib .e rl.t ni , t .to?. ~ Y I .tsri.t bn b'1 nsL .tud nrlj sm i ni .:tuo (ij,. 1 i ni t ,srU ,, s .tsgis.t nivi,b 9rl.t .tsrlT 01,od L 1 •firfw r o ~o d ~in rl j e w b bn . sD erl.t ,ot bfuow gniri.t".{n m11l et 'O xiiit ~ou,t rl:>ti> vo b <'! , tiw o.t Vi , r1j ., 2 W n rl t b .tn w •, , niv er s1olsd iagn rl J1 .>lni,o ot eW em , uo e bn ·.t, gu2 rl.t .w b 01 ,, ':tjsf11irlc eirl nsrli ert.t o.t qu • liw j l ,t srlf svi, fllirt, t. mr e.ti :tuo 6w ts.tc na ri.t 1 ir1 t ri J 2 bfo.t n rlf e'tt m~rl o ri.t lo t~ I~ 1 j wri bns >lou,.t erl .tsrl.t s.t, t V eri.t g ivi, ti1.t1 ni o o:t Juo . on ,st, f It ' , u w l:>u1J t i, oe ,xod 1 .b >1, I no J :) b I fiJ rt.t b rl orlw t,s eirl oj .tuo .tnew nerl.t jog . ,I e .t, bf , L of I •1 OS - �I Statement 3 of Leonard Caldwell 1 home, Swartz did not get out of the truck; 2 to drive 3 Shifflett's, and continued to do the driving. drove the truck Swartz was still he was too drunk laying After we left on up towards Carr's on the seat and still and pretty drunk. 5 I do not know what time it was when I got to Hopkins Gap, bu1 6 it was in the evening 7 about fifteen 8 Carr's 9 it was dark and time, and I stayed at James Shifflett'~ or twenty minutes and then I drove on up towar<s where the shooting occurred. had the lights I who was in the barn. When I arrived of the truck on. at Carr•~, I called 10 Carr, 11 something 12 soon as I stopped 13 right 14 four fee t fr om me i n t he truck , I s ho t h i m. 15 shot. The gun was the same .22 that we had used to shoot 16 target at Swartz's 17 back of the seat 18 sa 'd 1 19 the gun down on the ground and drove off. 20 say anything. 21 on or not. 22 the gun, 23 told me the gun was loaded. 24 on up to Rawley Springs 25 Kyle's to drink, as I wanted to get some wine or had been getting I the truck, Carr started it from him. toward it. As He camE on out from the barn and when he got to about three , I don't on 1y s ho t one home, and it had been laying in the panel truck. "Oh , L or d'". store. father's I When Carr was shot, know what else I do not know whether he did. I it throwed he knew what was going from the front After he Swartz did not did not have to get back in the truck could reach or leavi~g seat. Carr's, to reach Swartz had I drove where I got a pack of cigarettes at I reckon Swartz knew what was going on when I C. Overton Lee Court Reporter Harrisonburg, Virginia �rr , r • nosJ o .tn I· ,4(I b ooj .. 2 t 1.nb j a1 i xqoi t 'I 7 1 t b rr :i ? I -, n· fl '\ ti ioorl , rl tforlc ,. b II i Of) <, 1 j .., Sf l ... -I Z..;1)07 iJ - t j ot :to . • 7 . ic i; • ', :> t f )'/::, .] c 8 I - I :J I nsriw no gnio 1 sa ,.. J t niv ,o >' 2 ' ·1 t m ·-: i ... rt I ti j ~. , j ,.vo, . "t1 oi 'Jl.t • j ti nrh1 to? rl J. \• 0 .j. rt; ·"t q rH Of' a j fi ri :> t :t 011' r ,etl jj .be 6' Joo I , :t rl w • n >I :t,, rl \I ~l ,l 1B ,, 81 ! t;t T u lU'i orl2 f j -, J ,1 n ,l::,s b. i,l \ I " 1 0 nu j u .. n irH 'rt e "'"" J 10 nu a no j I sm bf t rd 9, I r1 I ' rl bfuo~ ' z nil ••eP Cltl e . no . j 50 g tt n rl j no n ,01 J ·1 rl j' l 1 1'1 i i '1L ..l z tu i . I II P. 1 ~ 0 ri • ' r UQ I I )I I " ·1 bn bn f j I j i 0 ,. f f, '1sb QI•j ' flt orl z ,, n ,, .,fl .... Ii \" . n n· J n ,u i Sri jj r1 •·j, >! ·1 ,o :t ~ N 6 ., ni >fn bn i rl ib ' i ,, ·J j bn & 2 ~t' ,_,; . j I r 1 i rl ton )4 n. 6 0 erl n sr1 IJ d 09 I ,; bi V I b .;;,' .ton rl I • n1 f •11' rl . rii j ... " 0; -j, I() t njjo t bein rl nin '<. ( J .., I f I it f i i:t j .. nim a ,. j , -, V it ~ rH TO ?,Jrlgif j-' ' gn i' sf n ,,u:>.:, m >2 o:t bs z j :!'ori~ • f no ) i "' 0 9riW :>u j tuod 9. ·, ' ) j l st, bi b uni trio:> J 1, •j i H !Tl :> j t ob to. b 'l ,u 0 ,o ~niw ts I rj , vi u u no >l:>u,:t vo, n 11 ~ pt L , , I rit oi io 'H e . )niv.i,b rf i \I J J cr1:t J rt I • ,4 ) 'J ~; fl rl ! ,.t . ' 10 j ,. u no eI f ,\ ££ , .. " ,. ,- - �Statement of Leonard Caldwell 4 1 shot Carr, because we was shooting 2 home. 3 driving 4 the diner 5 I did not have it 6 Carr was because 7 Hoover was Commonwealth's Attorney. 8 eighteen 9 over some land and my brother After we left Rawley Springs, at the mill. But the reason he shot my brother. Carr and my brother 11 I shot John Rawlings Carr because 12 am going to plead guilty 13 The above statement 15 him. won out. for Carr shooting and in the presence i)JMJ-'1: /c{~ and let me out at He did not say where he was going. in for Carr. months. At the trial, that I shot That occurred while Mr Carr was tried and give had some difficulty That was the reason Carr pled self he shot my brother defense and I to it. has been read to me by C.r{)vt~roll"' and the facts stated 17 best of my knowledge. therein L Q.JJ. ~~; of~!)-~~) ~ ti:J.../ ~ 16 are true and correct 18 / at his father' Swartz took over the and he drove back to Harrisonburg 10 14 mark there I 19 20 21 i t 22 23 24 i 25 C. Overton Lee Court Reporter Harrisonburg, Virginia to the £ �ff , rd , l , rl t rl f ;t n , r ; rt ~ 1 ,, H ot tr t rl - u :> J 71 dT e -, t, j bn 10 j . j n 0 f J t 7, "b l, , } d ,s .trl I r , V n t rt tn , , ,J l rl l, ;t rl "> J ot I;, •• r ;t no . t . t; n ., n ' e n JOl ,, 1 ri , j I rt V t rl ,d j t nd 7 n:r ,., ' r ,u t rl j OT n rH • ', V .f fu ib 0 ~o d j or. i -d fl l .. 2 ni t z j J 0 00~ I >loo j ' i t I l (,l rU n cl of :) , - ./ I 11 , j j b r, n~ l rl t t m lo j t, - --- ·----·- - �-r:-. ; ~, ,, . .... ,. . ~ .r .. "7y ,;: .,. .,;;,' .' L ~"" Jo ,f i· . OG .._p -/7(.h' ~"Sl--l''''~ r c:< t /i Docket No. ~ t- COMMONWEALTH of VIRGINIA ,_ .! , ) vs. -I" ) Felony ) (I (murder) I) ] oc7f,. ? LEONARD CALDWELL /', \~~,-- ,c:,.,,,-1,0-v ~· Henry C. Clark Own ;,:: " -: zp "t'1 :, < "0 .., "(") ,,.., /, ~ c./ 0rU--t/> fu~ Lf > }/'r.'r/ ✓ I. ? 'ti 52 Mar ch 11 • ( &c. waived; jllX 8/331. ""'"""""=p ~ 'ti r !' .J/J.1kh ~ Z:· .... , • tr t1,,, - ~_,i2_ •. 3g;} ~~~:; - ~fa hp /' - .JA.,,,fl ljd-=<·, I, M, 'i&-·/r• ~_r---~7# .1-. 1 ~/ I1/ ~ _ '1• ,FiI /¥~~&" J/,;._r/n-. 0;~, J7~ Jr ,<7Jr w. "JI - ,,;_:_ . <AA,,. f=- d. ) /J• 1/1 r'.r -v ~ ff.I At,,,,_,/, (/ ;, & --~v' 7I .; p. Appointed Indictment ~ ;/ I (X ) -.-~ P .. %.;; 3t>/ !!--fr,., ..,.. ua ~ -1-7 t-'.: y k:, 'I- 3f ) ·+.·t. : ' '\ J f (} r/ ~ , ·~ -:;] if/ ,1--r 'I Ii ·.,•.!, .. , ~ . I :. "'- "--- . CIRCUIT COURTOF ROCKINGHAM COUNTY~ VA. �~- ' �Commonwealth On an indictment vs. Leonard this appearing and~ that facias by his from persons there the court list, persons list a panel ordered that were thereupon containing attorneysfor struck the names of said the names of four (insert constitute names) the jury, ance make between true verdict render in this case Having heard be excluded tomorrow morning from the court of the evidence, at ten o'clock. and a who each alternately the remaining twelve, as aforesaid and truly try case And the accused to and true deliver- at the bar and a ordered room during this found was handed to the selected wxx persons from exception; to the law and the evidence. for the ~IIJll'.tl,rtlt!ea"L-th, it a portion additional commonwealth and the prisoner according a, Mervyl were thereupon persons persons, A c...c:-v.:; £.I.J of the attorney with and free , moc jury And from persons persons were sworn to well the and the following John Hl Byrd, together twenty from the regular from such regular commonwealth and the accused, therefrom namely: taken C. W. Ewing. to be duly qualified the thereupon jurors, twenty of from exception, namely: day summoned as aforesaid, a writ in attend- by the court summoned by the sheriff, examination under such deficiency, sheriff, and sheriff And it number of jurors free additional selected and summoned by the after list of twenty be summoned to supply heretofore Henry C. Clark. summoned by the four Layman, Nelson Hawkins, this attorney, are not a sufficient ance to constitute jury (murder) Caldwell county venire for a felony that this On motion all witnesses trial. is continued until is remanded to jail. ��COMMON\v'EALTH v. LEONARDCALDWELL CHARGETO THE JURY If you find as charged with the in the malice aforethought, penitentiary his for find punishment life, Caldwell, and that and that you v1ill and fix Leonard indict~ont, and premeditated degree accused, the murder it him guilty of murder, was committed was willful, deliberate of murder at death, or for guilty in the or by confinement any term not less than first in the twenty years. If you find and that the him guilty same was committed t,_at it was not wilful, find him guilty ment at If you find of murder Carr \7i thout sudden heat, you will him not malice aforethought, nor of murder find and fix not less by a fine in jail five his in the not but and fix for less not his than but that actual five degree, he killed rcTohnRawley or ir plied, upon or in mutual manslaughter combat, and fix for not less of murder depree, at exceeding nor five first of voluntary manslaughter, confinement you find him not his than degree, manslaughter, you will say so in the penitentiary years, one thousand one year, in the or, dollars, or liy both for in your discretion, or by confinement such fine and im- prisonment. If punish- years. of involuntary exceeding in the first in the penitentiary one nor more than of not indictment, aforethought, degree, of murder of voluntary second punishment than second degree, him not guilty him e;uilty in the and premedi tate:1, t~-:en you will provocation, confinement If you find but guilty second one nor more than malice penitentiary in the him guilty at as charged years. on reasonable find punishment in the in the twenty with deliberate of murder confinement nor more than nor of murder, .E9-,lilty, you v1ill say so and no more. ��Circuit Court of the County of Rockingham on Tuesd~y, day of March, in the yec:..r of our Lord, nineteen the 18th hundred ·nd fifty- two. Present: o Hon. Hamilton Has, Judge. onw c th vs On a warrant cha.rginc.r a felony (murder) Leonctrd Caldwell This day c me the attorney accused, Leonard Caldwell, of' this county and came It having has been within Hospit 'las brought 1, thereupon, into lso by his attorney, been suggested recent for tle years common e 1th, court by the sheriff Henry C. Clark. to the court that the accused c1n inm te of the South,·estern the court, on motion of the attorney commonwealth, c..cti g under Section 19-202 of tle c?.ppoint D_. J mes B. Pet i , Superint of the Western Hospit~l, tendent tion of the Southweste1~n and Dr. St.:ta as they may deem nece sc.ry accused, r-port the tine tot Hospital, 't£ within fifteen for the dent Superin- to make such investig· to be fixed condition of the by them, und days xn~~BX~XE~ from the date hereof. A OPY.. ATTESTE: ____________ h R. Blalock, to the mental of such ex6 inatio is court os t~ te Code of Virgini of 1950, doth hereby St~te ~nd the , Clerk. - �rl :t l 1 o n.tx 0 2 10 ('I • o H no ll w ) •j'n n:.t nol 1 :t 'l ;tn no 'I • w ! 0 b,: 0 ;. ... . , 0 0 rl • 'I II :t :t1 0 O ~WO d:t n 0 'I !W t . ·oo j rl 0 cf 0 j .I l .j l - i..b: Lt on 0 0 ,;. I 'I l ' u I! . ..tt t.( lJ l • -ia • .l: no J:j -- t ~ l e 0 j' ,r; I - t l 0 d (j !! l ...... l J Ii cJ 30 9rfj r ft .r.0°1:'3: 0 ..:~~ J,.K~ 0 .... n· .i.: I., V ~ .t r. .I.; ~ . ·:oe•1 ~ rt ------------ .• , L- �Commonwealth On an indictment vs. Leonard the accused, day came the attorney Leonard Caldwell, sheriff of this Clark. And, notwithstanding by the accused set jury (murder) Caldwell This it for a felony being county was brought and came also to in the warrant which returned .;R:.court an indictment warrant, thereupon, the said dictment aforesaid and entered the accused case that was~ consldered the identical this offense is was remanded set into court waiver and by the Henry C. of indictment under which he was arrested, charging Whereupon, commonwealth, by his attorney, the previous on the warrant made to appear forth for the by the special charge grand in the form of a true originally accused a plea for trial to jail. the identical charged was arraigned of not guilty .... under bill, the on the inthereto. on November 5 next, and �'- Com v. Leonard Caldwell Order \ �WESTERN STATE STAUNTON, JAMES HOSPITAL B. PETTIS, SUPERINTENDENT VA. DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 24 March 19$2 The Honorable Hamilton Haas, Judge enty-Fifth Judicial Circuit of Virginia Harrisonburg, Virginia Re: Leonard Caldwell Dear Judge Haas: In accordance with an ,_.,_ t e Cir ·t Court of Rockingham County, Virginia, dat. Mi~~·Y 1952, we, the undersigned co • csion, have todlzy' above-named Leonard valdwell. As a result o history, ea.re of the nec.essary before can be and of our study of his ,ould be ,:;.A,4111u,.iui.~11v1 er observation ---~ 1~h his present mental condition de·. menta reco ation end c it further ent o this stuc:\Y. man to a Respectfully-, /?. ~4',:'../< I'~ :.s~Interilerxt Southwestern JRB:ael cc: • George D. Conrad Commonwcalth•s Attorney Roe • County State .D. Hosp·tru. spital of M. D. �.a .M i!ITT3"1 B c!llMAL flo430M3Tl,'IIR,3CIIU& .JATl•u:oH .ITAT2 Av IMl3Ta3W M0Tio'IUAT8 �WESTERN STATE STAUNTON, JAMES HOSPITAL DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS March 24, 1952 Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: Commonwealth of Virginia vs Leonard Caldwell Dear Mr. Switzer: You will find with this letter two Criminal Forms No. 4- These vouchers cover travel expense, meals and per diem fees in connection with the examination of above-named defendant on this date. The original summons is also b~ing sent herewith, together-with copy of report to The Honorable Hamilton Haas, Judge. One voucher is in favor of Dr. Joseph R. Blalock, Superintendent, Southwestern State Hospital, Marion, Virginia, in the amount of $30.80. The other is in favor of Dr. James B. Pettis, Superintendent, Western State Hospital, Staunton, Virginia, in the amount of $15.00. Very truly /;/ JBP-h Enclosures: B. PETTIS. SUPERINTENDENT VA. 4 yours, J'?ames B. Pettis, Superinterrlent M. D. M. D. ��WESTERN STATE STAUNTON, JAMES HOSPITAL B. PETTIS, SUPERINTENDENT VA. DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS • • M. D. �C M .elTT3q .a 23MAL J T!.1lOl-1.3Tl11~3~Uli Tl'leOH .A"i -=10 TM!!MTRACC30 2...IATl920H • 0111A 3~31.>YH ..JAT"1 M 3TATc ,HOT~UATB l'lfl3T23W �WESTERN STATE STAUNTON. JAMES HOSPITAL B. PETTIS. SUPERINTENDENT VA. DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 24 March 1952 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Harrisonburg, Virginia Re: Leonard Caldwell Dear Judge Haas: In accordance with an Order from the Circuit Court of Rockingham County, Virginia, dated 18 March 1952, we, the undersigned commission, have today examined the above-named Leonard Caldwell. As a result of our examination and of our study of his history, we are of the opinion that further observation would be necessary before a report concerning his present mental condition can be made. We, therefore, recormnend commitment of this man to a mental hospital for observation and further stuc\Y". Respectfully, ~~ ~ .../3..LJ~< / Superintendent Southwestern State Hospital ---::;~::=::~~~~.,.li~~=:::;M.D....,;, JRB:ael cc: Mr. George D. Conrad Commonwealth's Attorney of Rockingham County M.D. Hospital M. D. �t �Circuit Court of the County of Rockingham on Wednesday, 27th day of August, in the year of our Lord, nineteen the hundred and fifty-two. Present: Hon. Hamilton Haas, Judge. Commonwealth On a warrant vs. Leonard being made to appear the Superintendent accused, Leonard Caldwell, forthwith the custody hospital the custody is now sane, to said thereupon of said (murder) committed for terminated; the sheriff jail, there from that the to said institu- is ordered to the purpose whose previous accused, received Hospital the sheriff hospital stand him to the county State heretofore of the accused, shall from a report of the Southwestern for observation, proceed liver a felony Caldwell It tion charging of receiving commitment to said and upon receiving shall return and de- to be held to await his trial. * * * * STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, do hereby certify that the foregoing is a true and correct copy of an order of the said Court entered on August 27, 1952, in the matter of Leonard Caldwell, charged with felony, as the same appears of record in my office as Clerk of the Court aforesaid. Given un er my hand and the sea of the s id Court, at Harrisonburg, Rockingham County, Virginia, this 27th day of August, 1952. ~;;. Executed Leonard western this Jrd day of September Caldwell to the Rockingham State Hospital. , Clerk. by delivering County Jail the said from South- �to jail. Order for return prisoner of �SOUTHWESTERN MA.ION. JOSEPH STATE HOSPITAL R. BLALOCK. M. D. SUP£RINT£N0£NT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS August 15, 1952. Hon. Hamilton Haas, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Leonard Caldwell. Dear Judge Haas: The above-named was received in our hospital on March 28, 1952, having been committed by your Court for further observation and report concerning his mental condition. Since that date, he has been carefully observed and I beg to report that he has not been insane or psychotic since that date and that he is not insane or psychotic at this time, but is mentally subnormal. On psychological examination, using the Wechsler-Bellevue Scale, he has an intelligence quotient of 67 and would be classified as a high grade moron. It is felt that he is mentally competent and capable of testifying in his own defense. This man, at the time of his commitment to us for observation, was on parole from this hospital, having been paroled on August 26, 1951. He was transferred. to our Criminal Insane Department while serving a sentence in the penitentiary on March 25, 1951. At the time of admission and for several months afterwards, he was found to be insane and our official diagnosis was "Dementia praecox, other types." His sentence expired August 13, 1950 and he was regularly committed as 11mentally ill 11 on June 19, 1951. At the time of his parole on August 26, 1951, he was officially considered as "improved. 11 In view of the series of events in this particular case, I would preferto have one of the Superintendents of one of the other State Hospitals, designated. by you and the Commissioner of the Department of Mental Hygiene and Hospitus, on your request,to serve with me as a Commission to pass upon whether this man is sane. The opinion expressed above represents my own opinion at this time. In this manner, therefore, the case will have been handled in the manner designated for insane persons charged with or convicted of a crime that is punishable by death and who are restored to sanity. Respectfully, }~ /(_. {U_J_l-zLc_ /Jos~p~ R. 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Blrloc Sout~restern State a.rion, 1/irgini~ 1952 Hospital In Re: eom~rd Cald ·ell Your attention is directed to the o· der rtered by this court on :\arch 27, 1952, committing the 1:.bove nrmed p_ is TI'-} to y u ~.ospit.,-,.1 for obrerv~,t on a cl report concerninz h~r ~ental capicity. l f~ e~pl~ piortuni tht t '"'UO.:tion. ~-=mo_e y hrs th;- n four months, it b~ n Ffforded for· .:ould see;n t:t:c t deter~in· tion of ~ou ·ill oler.- se iJt :-<:eyour report forth-, i th, tu t :e ma.y kno. ha•. dis: osition should be m,_de or' ,,h.:; cb;:.rge pendln1 , g,:.in:t nim in t 1 ,is Court. should t iner 'hould you find the :...ccusea. t-, be in • n'"', :,·ou p ::-oceerl 1i th .::;. rcr,ul:Ar co'TI.. i t 1 t tl re, .i th a for his return rere unon restorc.tion of hi~ s·nity. Yours very truly, Hamil ton 1 ac..s, J.udge HH:mb �... l ���THE PENITENTIARY RICHMOND, VA. rob 21, 1949 Jo eph R. Blalock, M. D. Superintend nt Southwes ern t t Hoapi ion, Virginia nard Caldwell D ar Dr. The tor ori laloct: o e-nam 6. to tbi mitt institution 9, 194s. the S!JCQnd M.m \ Whil 1n -the Reoei vtn d, d 1QS10llal, tolo present d s tliat nt (w) as ( 11, he became confu d, dish 11 Th well ucinatory. of pto- ohizophr nic pi ode. 1nsul1 treatments in , h ·t h obl ro treat nts. o our irustituti~n v ror further therapy Ve-r.,-truly yours, Har17 l3ric:c, M. D. Enc. doss In vi o has ri.ot improved, also, sinoe re el otrosbo tr nt, I am hoc or �YHAITV13TIV139 .AV 0 . . ,Ol•10MH:::>ls=t 3HT �THE PENITENTIARY RICHMOND, VA. :rch 21, 1949 Jo eph R. Blalock, Superint ndent Sout vest M. D.~ / n tata B p~t 1 / 1on, Vir ini R ors. .n tol / / t , : nard < Caldvell p ohiaophr oi iv epi od. in ulin treatments in doses shock treat 3nt. In view or ha not i rov d, also, s nee al ctroshock treat nts, I am your inst tution or further nrey Brick, HBijm ) to this institution 1948. V, ry truly Enc. ( e ca confused, dis•• llucinato17. The sympto- Sin04J we do not ve h o t 5 ~3 • , y urs, M. D. �YfIAJTlll3Tl~39 .AV .a. .0"1OMH::::>lfl 3HT �DIVISION OF CORRECTIONS THE PENITENTIARY 500 SPRING STREET RICHMOND 19, VIRGINIA DEPARTMENT OF WELFARE AND INSTITUTIONS lfarch 14, 19.52 1.ll'. George D. Conrad, Commonwealth's ttorney Harrisonburg, Virgin.ta Dear }·r. Conrad: Replying to your of the report on the mental our #.55913, I am attaching to Dr. Blalock at the time Southwestern State Hospital request of 1',:arch 11, for a copy condition of Leonard Caldvtell, copies of report that we forwarded Caldwell was transferred to the at 1:arion. Caldwell completed his penitentiary sentence on May .5, 19.51, and the hospital was notified at that time. If there is any further information you desire, please advise. Yours very truly, \V.~r., Superin ten dent WFS.JR/la Enc. ��SOUTHWESTERN M,UtlON, STATE HOSPITAL JOSEPH R. BLALOCK, VIRGINIA SUP(RINfl'.NDINT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS August 15, 1952. Mr. J. Robert Switzer, Clerk, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Leonard Caldwell. Dear Mr. Switzer: I am enclosing in duplicate a report to the Court on the mental condition of the abovenamed. It will be greatly appreciated if you will transmit the original to Judge Haas and retain the copy for your files. Very truly yours, ~~-~Joseph R. Blalock,M. D., Superintendent. JRB/st M. D. ��HE PENITENTIARY HOSPIT"- NEURO-PSYCHIATRIC RICHMOND, VIRGINIA (White) CALDWELL, LEONARD RE: REPORT REG. (Copy of report Summary of psychological NO. 48412 on 8-11-43) examination. (1) INTELLIGENCE EXAMINATION Otis Group, Primary Form B Our Revised Short Binet Goodenough Drawing Test M.A. 5-0 M.A. 7-4 M.A. 609 IQ 33 IQ 46 IQ 52 C.A. 19-2 Imbecile intelligence. (2) Minnesota occupational vised labor. (3) No history Rating Scale - of nervous or mental disease (4) Result of personality possible reported to learn: carefully super- in the family. questionnaire: Ambivert No psychotic content Not psychoneurotic This man is sluggish in his responses, responds on a very simple level. hesitant and easily confused. He is He is the youngest child who has six brothers and one half-sister. He reports no childhood diseases. He never attended school because his parents kept him on a farm and made him work. His conception of time is faulty. He doesn't have any idea just how long he has worked at one place, but believes two months as an orchard hand was his longest single term of employment. He reports that he was in a car stolen by another boy at the time of his arrest. They had driven to Richmond for his induction and he reports that the Army turned him down after asking him a few questions. On the Pototzky Test, he failed two out of 12 pictures. COMMENT; This man is definitely feebleminded and has inadequate moral discrimination because of this low mental level. He reacts on a very primitive social level and is in need of supervision. 8-11-43 A. E. Grigg, Psychologist. �~Tl980H Y.HAITv:JTf!,J39 3H { :3R .....3 8: ill'10 D :)f'!SS,U.!s' -T. - .I :.i.: 1:__:-.:, (S ta o~: ,tI.csetl d :,:J:e •' 9.l _i:.._,-T ..ll e.~n 'l 1 c:.i:.i er .t ....t'!o ef.ln~ ... s ;J-13 "tOcf 'IsdJ"o 'f:d a ! fJ &'I ol:;h naio.ta ·f - ~so e • • o'i .l-1f£"';£c·a,t.:i) : BU'" Ota ,,·_;: rl • vo - os-~ bc.,e H 1:mflnin:vid&v1. L 0L 111 -,,,.J'L ·x,.LJ.r . l D Iefn~~ w 1 e rl • !I .l:e.i..v'r') "',;; .to f:k S'I a..:.:. (f. I \4>-) �HE PENITENTIARY NEURO-PSYCHIATRIC RICHMOND, RE: CALmJELL,LEONARD M-W HOSPIT,-,._ REPORT VIRGINIA (COPYdated 9-16-44) REG. NO. 48412 PAROLE VIOLATION: Offender tells the following story of treatment and why he left Fishback: "Fishback put me and a negro in the same room to live. One morning the negro had off, so he got up and left his clothes laying on the bunk and his personal affects in a messed up condition, so Fishback came to the room and started to cussing me for the way the negro had left his clothes and bunk. Finally, I went to the barn and started to shovel some grain into bags. I hadn't more than started when Fishback came to the barn, snatched the shovel from my hand and started to do the job himself, but pretty soon, he threw the shovel dow and told me to finish. When the negro came back I told him what had happened to me on account of the way he had left his things. He went to Fishback and told him what it was his clothes that were left in a messed up condition and if he had anything to say about it, to say it to him as Leonard had nothing to do with it. Fishback didn't open his mouth to the negro. I stayed there about a week after this and Fishback continued to fuss and cuss at me so I left and wrote the Parole Officer asking him to get me another job. He said that he could not do that so I quit and took another job. Later after a visit home, I was on the bus going back to my work when I was picked up and brought back to the Penitentiary." Offender states that he worked hard for Fishback and that he has always gotten along okay everyplace he has worked except there. EMPLOYMENT: December, 1943 - January, 1944. John Fishback, Leesburg, Virginia board. on farm making $30 monthly plus room and Clay Kimmel, Franklin, West Va., cutting logs making $65 monthly plus room and board. Offender claims he has never been discharged from a job. During the interview, offender seemed truthful, friendly, sincere, polite, cooperative, stable, near and mild tempered. From this man's story, it appears that he was placed in a pretty tough spot in which to make good. TENTATIVE TREATMENT PLAN: While incarcerated, offender would like additional schooling in Reading, Writing and Arithmetic. He wants to attend religious services. Farming is his work choice. Playing indoor and outdoor games and attending movies are his recreational choices. A little friendly guidance and help by a good employer 'Will probably make a man out of this boy. TTM/egs �-A.Tl980H HAI i'M3TIV13CJ 3H . , ·1.JCI"' "[. t 'I:.TJJr '- -e ... .., 'I l �55913 -·C~WELL, LEONARlr M-W (COPYOF-itEPORT DATED8-16-43) EXPERIENCE: This man has worked for the most part of his life for his father hand and the father compensated by giving him room and board. Inmate he has worked as orchard helper for Mr. H. Flood Byrd at Timberville, and for various farmers in the neighborhood of Mt. Clinton, Virginia, He cannot drive a truck. as a farm states that Virginia as a farm hand. FAMILYDATA: This prisoner's parents were born and raised in an near Mt. Clinton, Va. They live at that address at the present time. His parents occupy a two room frame dwelling situated on twenty acres of land. Prisoner states that this is a two story house, a combination kitched and bedroom on the first floor and a bed room on the second floor. This home is the property of prisoner's father's stepson's son. This home is shared by the parents with four sons. Prisoner states that his father has three hogs but no other stock, that he owns a 1929 ford. Father hires himself out as a farmer and works for heighboring farmers. He has also worked in Byrd's apple shed as a packer in Timberville, Virginia. Father has done this type of work all of his life. Says that his father is in poor health, suffering with rheumatism. Father has a police record, having been arrested in 1928 for selling whiskey and was sentenced to six months on the State Convict Road Force. According to prisoner, his father used to drink moderately but has stopped altogether. Father has no interest in church. Prisoner described his father as a quiet easy going individual who has little to say but he gets on well with his neighbors but "Lives to himself." The father is a poor mixer. Prisoner's mother works doing days work for various families in the community. She is in poor health, suffering from kidney trouble. She has no history of drinking, has no police record, takes no interest in church. Prisoner described her as a good woman, quiet, she stays at home, is not sociable but is a good housekeeper. Man states that his parents are congenial, that they have never been on relief and there is no history of mental illness in the family. Harry, a twenty-sic year old brother, is single, was sentenced to the Virginia State Penitentiary for housebreaking and given a one year sentence, time of offense not known. Prisoner described this brother as a friendly individual who has no other police record. Prisoner did not know the type of work this man is doing but he is residing in Baltimore at the present time. States that Harry is illiterate. Frank, a twenty-four year old brother is single, has no police record, does not drink, works as a farm hand. He is able to read and write. Prisoner described him as an even tempered hard working individual. Ruff, a twenty-one year old brother is single, works as a farm hand, has a police record for drunkeness, now works in a shoe factory in Harrisonburg, Virginia. Prisoner described this brother as an easy going, friendly person. Elbert, a twenty year old brother is single, works in a shoe factory burg, Virginia, has a police record of arrest for drunkeness, is illiterate ly and even tempered, according to prisoner. in Harrisonbut friend- Bernson, a twenty-five year old brother is working in Baltimore, name of employer not known. He has a police record for excessive drinking. He is illiterate and even tempered according to prisoner. (Cont. page 2) �-- �( 2 ) RE: 5591.3 - CALDWELL, LEONARD (Cont. from page 1) FAMILYDATA: (Continued) Leonard, a nineteen year old brother, is living at home with his parents, is single, has been arrested for drunkeness, is illiterate, prisoner described him as a friendly, easy going individual. RELATIVES Mother Father Brother Brother Brother Brother Brother Brother -------- Bessie Knight Caldwell, age 43, Mt. Clinton, Va. Hinton Caldwell, age 64, same address. Harry, age 26, Baltimore, Maryland, exact address unknown. Frank, age 24, same address as parents. Ruff, age 21, same address. Elbert, age 20, same address. Berson, ige 25, Baltimore, Md., exact address unknovn. Leonard, age 19, same address as parents. OFFENDER'S VERSION: Prisoner is charged with grand larceny for which he received a one year sentence. He pleaded guilty to grand larceny of a Ford roadster, property of a Mr. Frank Royster of Mt. Clinton, Virginia. The offense occurred on Friday, June 11, 1943 about 7:30 P.M. The automobile was stolen from a shed in Mr. Royster 1 s yard. Prisoner was drinking and unarmed at the time and in company with John McDonald (placed on probation). Prisoner states that he and McDonald stole this car together, drove same from Mt. Clinton to Harrisonburg, Virginia, left the car there and then came on to Richmond to join the Army. Prisoner states that he did not drive this car, that the co-defendant persuaded him to commit this offense. Prisoner did not join the Armywhile in Richmond, he returned to Mt. Clinton and was arrested on the following Tuesday. He admits two prior arrests for drunkeness. PERSONAL DATA: This nineteen year old white man was born and raised in Mt. Clinton, Va. He was living with his parents there at the time of his arrest. He went on to say that his parents were good to him as a boy, that they punished him for any misbehavior, however, it appears that they were rather negligent in that they did not send him to school, Sunday school or church. He has worked hard all of his life, on his father's farm and on neighboring farms. It appears that he was raised in poverty, his parents are illiterate as are most of his brothers. His father and several of his brothers have police records. This prisoner has never married, has no dependents, has never suffered serious injuries. He has been drinking since he was 18 years of age. It appears that at times, he drinks excessively as he has been arrested twice for drunkeness. There is no history of juvenile delinquency, he has first been arrested at the age of 18, for being drunk. Denies that he is quick tempered or that he ever gets into fights. He does not appear to have any active interests, states that he cares nothing for sports. When asked what he did during his leisure time, he stated that 11I never did nothing but work." This prisoner desires to attend school to learn to read and write. He has no desire to learn a trade, wants to attend church services while in the Penitentiary and he indicated that when released from the Penitentiary, he would like to work for a shoe factory in Harrisonburg, Va,, and it might be welJ. to consider a period of training in the Penitentiary Shoe Shop in order to better fit him for this work. Quarantine adjustment to date is satisfactoryo �) 1, :J �Circuit of the County -{~tfofikingp~ Court day of March, in the year of our Lord, , I n Tuesday, nineteen the 18th hundred and fifty- two. Present: Hon. Hamilton Haas, Judge. Commonwealth On a warrant vs. Leonard accused, day came the attorney Leonard of this county It (murder) Hospital, was brought and came also by his of 1950, doth hereby of the Western tendent acting State years the Dr. James B. Pettis, Hospital, and Dr. Joseph State Hospital, hereof. A COPY. ATTESTE: within the accused fifteen State for the Superintendent R. Blalock, Superin- to make such investiga- as to the mental the time of such examination court that of the Code of Virginia appoint as they may deem necessary to this Henry C. Clark. of the Southwestern 19-202 and the by the sheriff on motion of the attorney under Section of the Southwestern accused, court to the court an inmate court, into attorney, been suggested recent thereupon, commonwealth, for the commonwealth, Caldwell, having has been within report a felony Caldwell This tion charging to be fixed condition of the by them, and days Klm:Keracttarn:x from the date �WESTfRN STATE HOSPtf AL IB52MAR 19 AM10:07 erf;t t x;.sbztwT m!UPEfn~ioin.-SOfFl f xj-nrro:J rfj-81 rfj :::>'I.B • o -y;sb Wj r[ '19 'I nole'! ) .s c. ..r • rufo .s !l.S'I'I.SW b.a1 td~ , no o:::> sdj ~o1 v.e.a'Io~J.s etc 11.1:'I9Jic. sd+ -y;d :t·:r.r.ro oj.al .::a"I ·l'.) ~szrr~::> efj e.j -j'J bnz . '.) '\:'IIT9H ,'i9IT'Iojd'.s J tij ~'IC,::> sdj rr:...-.:·!')s dj·.uoa·eL.1 .:rrs.j -y;d be jrfg.uo-rd 2.sw ,~ oj bej~9,~ua 2 l 011l!l!O Cl bI.sQ b'I mo9J xsb eldT ~19 :vbL..,:) fJ'l.sr.toeJ tbez J::>-::>.s elr:I "Y:d o~l~ 1o ej • n..i: rm .1:1 ecf oj t 9 .aO lle 9rf tI 9Y.I.6'.) rreed ,91<: brr,:, 1<;jruro~ a rlJ ~iv ;tneos'I \fl ir n·n~l: nol:J.un.1:m.sxs .rf:.)JJ~ +o s l:r Jo er.t ns d 2. .be2.J.J88S .109'I9rl �HE PENITENTIARY NEURO-PSYCHIATRIC RICHMOND, HOSPITi-. __ REPORT VIRGINIA March 22, 1949 RE: (COPYOF F.B.I. RECORD DATED12-7-48) 1 Yr. Paroled 12-7-43. SP, Richmond, Va. Leonard Caldwell #48412 8-4-43 G.L. SP, Richmond, Va. Leonard Caldwell #48412 Returned 8-25-44 Vio. of Parole-1 Yr. Disch. 12-4-44. (GL) St. Police, Charleston, Leonard Caldwell #__ ,St.Police, Moorefield, W.Va. 10-4-46 Fugitive justice. St. Police, Richmond, Va. Leonard Caldwell #_,St.Police Harrisonburg, Va. 7-5-48 Fel. Asslt. Pending The Penitentiary, Richmond, Va. Leonard Caldwell 55913 11-9-48 Fel. Asslt. 3 Yrs. w.va. from Turned over to St. of Va. Waived Extradition. Served one jail sentence for shooting, Harrisonburg, Va. (C-26) since his disch. from SP, Richmond, Va. on 12-4-44. Represents notations unsupported by fingerprints in FBI files. �_ TJ980H YfiAITlll3TfVl3Cf TH093s:I :::>lflTAtH:>Y29-0flU3v1 AIVlluHIV .01-1 .03fl -==----=-==-c...:-=-=-=-::_::=-~~~=-==-========= . . 'l V D ~ lie bi 0 roi: ::i: . oJ.V (JD) . doel:CI osn uT .sV lo llIO'l 1 ilewb -~-OI vl i:gu . ~·.taut .CJ:olj.f:b.e'Ij a:1:t .... Vt 0 tono .CiewbI.sO olioq .j8 t . V. . 1 ,b.I . .t.Ie . .Ie +--c-"1 9 .8 :3:fl a cmo&I . r. a. ....y I r - -. ,0"'10MH:::>lfl ============================== T -f- ~H . I. .l - -Ir- ' [s., II .J:Io<t .J [e 1f.il " D'I 'I • .no T tl~c t - lJ' , boo 1:>lfl t 'i<:. !1 1d jo t on.ta a o ,, ·Lq . 0 olio<i. 8 o e~li:srlO �Commonwealth of Virginia v. Leonard Caldwell INSTRUCTIONNO.~-/ The court criminal his prosecutions, guilt the jury the accused is established and to the every instructs that is presumed by the evidence of every reasonable The burden of proof is upon the a reasonable fact necessary for case, as in all to be innocent until beyond a reasonable exclusion material in this hypothesis doubt, of innocence. Commonwealth to establish conviction by the evidence beyond doubt. This presumption case until or unless fact necessary for If, after of innocence the applies at every Commonwealth has established conviction by the evidence stage every of the material beyond a reasonable doubt. evidence the material fact not guilty. jury a fair and impartial entertain a reasonable necessary If the for jury conviction are doubt of the existence conviction they must find the If a set of facts two or more reasonable poi~ts to the pretation pointing to be drawn from such set sarily mean proof of mistake. 11 proof A reasonable after a fair of facts evidence material should • the jury in arriving accused beyon4 a fact necessary for be susceptible of must accept at their that inter- conclusion or circumstances. certainty doubt" or proof does not necesbeyond all is not one which might from the evidence must not go beyond the and impartial the of any any one of which interpretations beyond a reasonable doubt must find to assume the responsibility must be one which arises The jury innocence the guilty. or circumstances to an absolute SN1IDpathyor a dislike case. accused of the accused to his The term of every of all of the existence jury by the interpretations innocence doubt the satisfied reasonable consideration consideration for or lack evidence of all arise possibility from conviction; of evidence but in the to hunt up doubts. If, the evidence case, in the �,_ �the jury certainty critical of the are convinced that they in their of the extend the affairs, that jury they then of the they would act accused accused are doubt. in their convinced of the guilt upon the and critical to that degree of own most of the guilt If upon such consideration are not satisfied own most important guilt of the upon such conviction beyond a reasonable of the evidence to the would act and important accused of the guilt strength affairs, beyond a reasonable of the of their they doubt. accused conviction are not satisfied �. ----------------~----...,,------------------------------------- • �• COI~MONrJT.::ALTH v. LEONARDCALD'.i'ELL ~· INSTRUCTION To constitute have been incited must have been part; that his to If that meditated, deliberated, on his and or do him some result of which would be is wound is deliberate, to the at the act with a deadly without that should of slaying, time of the presumption or and pre- weapon, in the pre- any or upon very a presumption that slight such killing and throws upon the was killer presumption. a premeditated to kill that by law. slayer, of removing is presw-ned as a deliberate and premeditated, To constitute intention is willful, given law creates circumstances upon the killer. killing inferred with of the killer of overconing throvm of the the necessity and is unaccompanied on the part is if the malice provocation, formed must deceased necessary is proved malice possession prior the and the burden If a mortal the the malice Likewise, the accused by 1,11..f\.LICE, and such killing he would kill the killin~ of disproving willful, the and from 1;1hi&h he died. of law, vious degree he must _ave willed, injury, of extenuation, matter first a V:ILLFUL, DELIBERA.TEand PREI.:EDITATEDact bodily death in the the ldllinc is to say, premeditated serious murder exist but killing. killing, it any particular such intention is not necessary length must have that of time been ��Commonwealth of Virginia v. Leonard Caldwell INSTRUCTIONNO. The court presumed elevate proof further instructs in law to be murder the offense is on the below murder to murder Commonwealth, in the second in the 3 the second in the first and, degree, jury that all murders degree, and, degree, the in order the burden to reduce is are in order burden the of offense on the prisoner. to �... �COEMONWEALTH V LEON.ARD CALD'dELL fl: Instruction The Court express or instructs implied. e.nd includes not only and unjustifiable to one or more an action an evil has mind been plain iberately flowing indication bent anger, particular from with of t_at hatred malice 11 "malice motive. is persons, and and wrongful such a heart on mischief. is and It any wicked and purpose attended jury The word lav1ful any the used in revenge, not is but intended corrupt motive, intention, as of a technical confined but circumstances regardless may be either where to social carry duty every to sense, un- ill will to denote done with the in and act them del- the ��COMEONWEALTH V LEONARD CALDWELL ~ Instruction The Court commission to the of That accused rig (2) wrong of the ti~e was to to order of insanity either, of commission the of knowing insufficient of the to excuse it must the be shovm offence nature mentality the and to the con- distinguish or, capable forced in jury: or had the that ground incapable act, Although of distinguishing between nature and consequence commit the crime control in of his right act, by an iLpulse consequence and the which he of an actual disease was inspired by emotion, or emotion mind. If, the passion or accused the right the t and wrong; was powerless the at and knowing accused at of the of his between jury on the was mentally sequence the a crime satisfaction (l} the instructs time nature impulse frenzy and and wrong. com.mi t the produced could of to its not by an~er, be excused co!ll!':1ission conseauences crime jealousy for the commission he was mentally of his act other and of capable distinguishing crime of if knowing between ��C OM1vIO:NT:EALTH V LF.ONARD CALD1!JELL {_p Instruction The Court evidence, the Caldwell that he killing in was beyond killing Leonard the sane instructs was Caldwell, previously killed the was wilful, degree, the tine the that doubt, a grudge toward had at jury a reasonable there first the on the his Carr because deliberate, and provided of the you killing. you believe that previous part deceased, declared said if of John from to the the the time prisoner, Rawley Carr, that purpose to kill Carr, and of grudge, then such is murder such premeditated, further believe and that defendant of ��COMMONWEALTH V LLOlTARD CALDWELL • -1--- Instruction The Court from the killed the evidence John Jury of the killing sufficient nature you must Carr as satisfied the accused to find jury even in from the did know whether accused not the have such the or did was right by reason believe accused yet, that sufficient act should indictment; act guilty you that evidence of his not if doubt c_ ar~ed consequence the that a reasonable be and mind the beyond Rav1ley should know the then instructs at the entality not if time to have or wrong, of insGnity. �• �COMMONWEALTH V LEONARDCALDWELL g Instruction The Court from the killed of evidence John jury of his and wrong, impulse actunl not the which disease guilty Carr and accused the the by reason mind, of to insanity. doubt in the you that to that the commit control ·you must should the yet at the nature if and crime the conright by an consequence find the time between the in believe accused indictment; of distinguishing forced then if of knov1ing capable was even evidence capable he was powerless of that charged from al though act jury a reasonable as be satisfied killini:;, sequence the beyond Rawley should the instructs of an accused ��COMMON'NEALTH - v. LEONARD CALD\','ELL -~r-- INSTRUCTION The Cou~t this the case, if instructs warranted followinr, (1) killine; premeditately, life v1ith by death or for (2) killing being degree less any 5 years, (3) That the they That the first indictment may find of not beinr, less in in either of more accused accused than is is not not the deliberately the degree first the second and is penitenti~ry degree, with premeditated. by confinement is for 20 yea.rs. by another, and which v1ilfully, in than the degree, in or by confinement not the the Murder deliberate p~mishable in malice. of murder than (4) under evidence, by another, one human v1ilful, is that being term Guilty of by the of murder one huraan punishable jury verdicts: Guilty of the in which malice, Hurder the 20 years; pe but in itentiary is the without the for second not or guilty. guilty by reason of insanity. ��;;I ��ORDER OF COMMITMENT FOR THE MENTALLY ILL TO A STATE HOSPITAL OR A LICENSED PRIVATE INSTITUTION COMMONWEALTH OF VIRGINIA s County of h to-wit: or city of ------------------------ To the sheriff, sergeant, or other authorized officer of the said county or city and to Dr. ___ J....,,os""'-'e"'-!-p,..h..._:e:R,.,.e..._B..,_.,la....,1....,,o,,c~k..,__ _______ _ . dent of th e -----------,--.,.,---,------,---:----",---,-------------------""--__::::.... ~o h ..ontern ~tate lfos.f,ital supermten rion. Name of state hospital or licensed private institution Address Virginia _________ _ Greetings: V. v. Whereas I,-----------------------, Birchfield a judge, trial justice, police justice, or civil and police justice (Under- score which is applicable.) of the said county or city have read the certificate and findin,gs of Doctor ___ and Doctor ______ _..J'-'.,,__~A"'."-... T~b~o~m"lp.,,s.....,.on"""-----------,, two physicians who are duly licensed to practice medicine in the . v. Commonwealth of Virginia and actually practicing and who, together with (l_._G_._T_h_o_m_,p"---s_o_n ___ _ ..Jirchfield Judge. trial justice, police justice, civil and police justice L_c,---o---:na-:-·--:-r_d __C_a_._d--:\_;o_l_l __ -----,------------- constitute a commission of inquiry into the mental condition of _____ Full given name and surname of person being committed Lecn,u•d and have this day found --------------------------------- a d:nell to be mentally ill and a suitable patient for admission to a hospital for the care and treatment of such persons and that the said person is not under criminal charge. = ~• V• do, in the name of the Commonwealth I, ---------------,-,------------,----------,---,-------------Judge, justice. police justice, civil and police justice command you, the said sheriff, sergeant, or other authorized officer, to make provision for the suitable and proper care and treatment of the said L<"O~ rd _____________________________ (., le ,e ] ..,.nd you, the superintendent of the hospital, are hereby authorized to Full given name and surname of person being committed receive into the said hospital, and into your care and charge, the said person to be cared for and treated as mentally ill, and I do hereby transmit to you, the said superintendent of the hospital, Part I containing the petition, and medical certificate of findings. Also attached hereto is Part II containing the interrogatories, answers thereto and medical history. According to law, one copy of Part I has this day been delivered or transmitted by me to the clerk of the court of the said county or city where deeds are recorded. Judge, Trial (Indicate which.) • rion Street & No. City ~eyth County irginia State Note: For purpose of admission to state hospitals or licensed private institutions, this part of the proceeding is void unless accompanied by Part II, Interrogatories, answers thereto, and medical history. �WA:a.RANT THE COMMONWEALTH OF VIRGINIA, County of ---------•~""----------- ..::,rm,tn to-wit: or city of ------------------------ To the sheriff, sergeant, or other authorized officer of the said county or city: Whereas, _u ·re ' J; rto11 has this day alleged and given information, on oath, as set forth in the attached Name of petitioner petition, before me, that, on thP~__ l_9 __ _ day J_une __________ of,_ ________ _ 19----2!_, in the said county or city Leon rd Cnld1 ell is alleged to be Full given name and surname of person alleged to be mentally ill mentally ill and in need of care and treatment: These are, therefore, in the name of the Commonwealth of Virginia, to com!lland you, forthwith, to apprehend and bring before me, if practicable, or some other judge, trial justice, police justice, or civil and police justice of the said county or city, the sai...1~-------- Lo on..rd Ca.ti. ell Full given name and surname of person alleged to be mentally ill for examination, by two physicians who are duly licensed to practice medicine in the Commonwealth of Virginia and actually practicing, on th~ 19~- 1:1,. to answer to the said allegation an d to b e examine d as to h----is Juns day of mental cond'1tion an d to be assisted further in accordance with the law. And, moreover, by virme of this warrant, I command you, in the name c .. G.. Thompson • of and Doctor _______ the Commonwealth of Virginia, to summon J_._A_._T_h_o_m_p_s_o_'n _______ Doctor .., neither of whom is in any way related to, nor has any interest in the estate or property of the said Leon ..1.rd 1.1ulJ ell Full given name and surname of person alleged to to then and there inquire as to be mentally ill whether HE, s.HX is mentally ill. And, also, summon the following witnesses, who bear the following relationship to the said person: Name Relationship Address Name Relationship Address Name Relationship Address Name Relationship Address and have then and there this warrant with you and return thereon. Given under my hand and seal, this l9 day of Judge, RETURN L,orord C~JJ1cll Executed the above warrant by producing the said ----------c;;--;;--:----:-----;-----,---7.'"""---:--:------::---:::------- Full given name and surname of person alleged to be mentally ill before the judge, trial justice, police justice, or civil and police justice named, at the time and place directed, and by summoning the two physicians and the witnesses named in said warrant to appear at the time and place fixed therein, except ___________________________ who were not found in my county qr city. Sheriff, Sergeant or Other Authorized Officer ' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............................................................................................................................. . . ',,:"'~~~r:J}Zrt~M : . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ....,......B..t.b..............day of.. .................. N.av.emb.e.r................................ 19 .52, to testify and the truth to say in behalf of the Commonwealth ...................................................................... .LE.ONARD .... against ........................................................... . CALI2WELL ............................................................................ . who stands charged with and indicted for a felony li0Ji!i3Helf1Ki!. And this you shall not omit under penalty. And have then and there this Writ. WitnessW~UOOOi.Kl0t:DOO~}m~ at the Court House, the .....9..l.§.t. .. day oL .........Q9..t9.P.~.r. ..........., 19..QF...., and in the 17.'7..tA~ar (_ pf the ~ Commonwealth.r--~- ---::___sf,ommanwea]th ts Utarne:,y:·····• TH ■ l ■ I.YJCE Pl.EU, HAIUUIONllUI.G, ,A, ~ �8 C OMMON\lEAL'l'H V. ) V!itness Subpoena LEONARD CALDVIELL To November 5, 1·9-62, at 10:00 a.r-i. ~~ (")trj :,::, 0 HC::: Z 1-3 ~ -~ pp H Cl C) > 'I. C: .:✓: r-.·. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summonAJ'.tPW County, Greeting: ....P..QY~.................................................................................... . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ......f tl ................... day of.. ....9.Y.9. ..:.P..9.;f'.................................................... 19~?., to testify and the truth to say in behalf of the Commonwealth ........................................................... .1r:.01 :. .. .....c ..~ : against ........................................................... . z~L ................................................................ . who stands charged with and indicted for a felony wj~ e&~ . And this you shall not omit under penalty. And have then and there this Writ. Witness '1X.It ~R- ~WIT2ER.~Q~!. of:.9;9r s?~9 ~t, at the Court House, the ....-S. ......... day oL .....!-J.9Y9..f.-i~?.§? ............... , 19.....:f>.?, and in the 11'!:t.L-:.year of he Commonwealth. ' ..~-c: THE l ■ a'flC& PlEU, H,U,a.JSON9UI.G 1 ,._. .........--./t ~ ...~ Commonwealth's Attorney �ot rmcin ___ at nis U::>u �In the Name of the Common wealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......Fr ..ank. ...C..o.nle.y ......................................................................... . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ...5.th ...................... day of.. ........N.QY.~l-TIP..~.;r. ............................................ 19 .52, to testify and the truth to say in behalf of the Commonwealth against ......................................................... . ................ ........... .......................................... LEON ARD ...CALD\'lELL ............................................................................. . who stands charged with and indicted for a felony ™~m~r. And this you shall not omit under penalty. And have then and there this Writ. t, at the Court House, the ....3r.d day of...NQY~.IDQB..:r. ............... , 19..52 ..., and in the 17 ....7.e:;r v =--····~··············-/,· TH ■ ••anc• Pl.EU, HAl.&ISONBUa.G • C the ,~monwealth. ........ ~ ..................................... ,.natlt .... / Commonwealth's ...... Attorney �~ f •o nEir. U~Ual f31ac@ ot e.btJtHL Hi$ tadtl1;1 abe ~:ice or b:bode, '~ ~ I ,J ~- C...i.. • ..;, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham ..~................................................................................................ County, Greeting: . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ...........5..t.h............... day of.. .................. HQ.Ys}.mP.s}.+.' ................................. 19 .9.?.., to testify and the truth to say in behalf of the Commonwealth against ............. .. ......................................................................... LE ONARD....CALDWELL ........................................................................ . who stands charged with and indicted for a felon',Bfm~* And this you shall not omit under penalty. And have then and there this Writ. Witness~~jf~~ day of.. .......... Oc.t.Ql:;>.~.r. ..........., 19...5.2 ..., and in the 17 .7 t at the Court House, the .....31s.t .. �COMMOMVEALTH V. ) Witness Subpoena LEONARDCALDWELL To November 5, 1952, at 10: oo A. r.fi. ---r.,:::i E-t :=, 0 ~ 'rJ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: to summon ...A...... L .•...Strawdennan,. ..Mrs.•. Mary .Dove....ani ............ . . . .Roy...S:rar.tz. •............................................................................................................................................................ You are hereby commanded to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ...5.t.h ....................... day of.. ...N.9.Y!;UJJ.9.e.r. ................................................... 19 ..5..?., to testify and the truth to say in behalf of the Commonwealth who stands charged with and indicted for a felony against ....~.9D-.~I'.4...G.~Jcl.W~.:IJ..~ ..... . ~~. And this you shall not omit under penalty. And have then and there this Writ. Witness: R:ol!E{Rm.W~ ~,~NC11-0-1Mle41>\S day of.. ..Dctobe.:ri..~................. , 19..5.?.... , an TH ■ s ■ aYJCS P•Ess. HAtt.aUONauu;, ...... -lB'-'~a<Ma...a.i;.J,.rhe Court House, the ....22nd ... �i-1 H i:::i i-1 c::c: ~ ;::,,. "' p• . .... . 8 ROCKING (1) t 0 .a. .w:..-.~ ...~ , Q_ ~ ,~ ~ " ~ --~ -V') 'V8:2!'Wi1! a. .v~:~ _____ ~: I.{) rl /.f H .µ TO ~J:.£-~/L...~~~-~~~::::::~ <D cc1IN ..oCOPY OF ~ ~ a5 EXECUTE1..J.0V: 4 1;f'0li'1 }..\X_L1 J1 J t. U j f~~f usuii"' his to ell Q (1) 0 ;::5 p.. ro Cl) <D ti) 0 H ~ r11 <;;:::Jt::-1 ~Q z~ s :o,.,•r-1 § ~ ~.µ 0 ~ 0 ~ ~,,...... ~ ~ E-l • i-1 0 0 f aoo ot"nnciing.., ~ ~ .f>r, t. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon .....O:g.l~....P.9Y~........................................... '................................................. . ------·-···-·········-·························································································································································----·················.--·············· to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .......5.th ..................... day of.. ......N.9.Y.~.ml:1~.r. .................................................. 19 ..?..?., to testify and the truth to say in behalf of the Commonwealth against .......w~m.~r..4 ....G.g.+.-9.-W.~U. ...... who stands charged with and indicted for a felony ~And this you shall not omit under penalty. And have then and there this Writ. Witness, :J&~IDIJ=---===~~•=,•"-"'...._.,..,,,_,,,,~,., day of.......Oc.t.ober .................... , TH& s ■ aYICI )'It.EU, HAU,UONIIUI.C., 'f'A. e Court House, ·the ....23.:rd ..... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............ Gi.lb.e.r.t ....\1.orr.i.s.....an.d ...Nor.f.i.e.ld ................ . ...C.r.a,v.f.or.d...................................... ~ ......................................................................................................................... . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the5.t.h .......................... day of.......N.QV.e.mb.e.r................................................ 19 .B?.., to testify and the truth to say in behalf of the Commonwealth against ........................................................... . .................................................................... LE ONARD....CALDWELL................................................................................ . ------·-·································•.,.··················································-·············································································································- ..·· who stands charged with and indicted for a felony wlWfrYdrnor. And this you shall not omit under penalty. And have then and there this Writ. Witness~ll.I{J[S~~:O~tle6i day oL ..N.9Y.~.mJ:?.~;r ............... , TH& l ■ aTIC■ Pl.l!U 1 HA.I.UtONBU .. G, 'f4, it:xa"@::.~·s@'rt, at the Court House, the .....~r..o........ �Commonwealth V •) Witness Subpoena. Leonard Caldwell To November 5, 1952 at 10:00 a. m. 0 .... 0 G) () ~ >. 0. 0 (.) 0 .., ... ,._, ' �In the Name of the Commonwealth of Virgirtia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon __ .Dr.. ___ _L. ____ J_.___ .Mo_tyc.a______________________________________________ ----···················· to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the_.._._.5.th_____ ·-··----·-···· day oL_N.QVember. ..---··-·-·--··············-··--------··-············· 195.?..., to testify and the truth to say in behalf of the Commonwealth who stands charged with and indicted for a felony against ....J~gr.i_gq __ .Q~;IA~fP-:•-···· m~ And this you shall not omit under penalty. And have then and there this Writ. Witness, t~lIBOcm~ !:tX~ofXi OOld}~imt, at the Court House, the ...2.2n_g,······ day oL ___ Q~:t,(:>l;>f3.:r ..·----·-·-·········-• 195..?..._., and in the 17.? th TH ■ l&aTIC& Pl.EIS• HAl.a.JSON8US.G, ye r of onwealth. TA., Attorney �A-'COMMONWEALTH V. ) Witness Subpoena LEONARD CALDWELL To November 5, 1952, at 10:00 qf 0 C: ;:: .., 0 ~ "C 0 ..c a:! .... 0 (I) j (I) :, b a. m. �In the Name pf the Commonwealth of Virginia: To the Sheriff,of Rockingham County, Greeting: You are hereby commanded to sun:imon ...E.a.rl...Tume.r,,....James ...Shiffle.tt.~ ....... : ... L ...... ...an.d...Dr.•...F •.. - B;v.ers.•...... ~·········~···················•--··········•--•··················································································· ·--···········'·····•·~·············· I . ·····························--··-·--················································································---···························--···•··--·----·-·-···-······-··-···································· ···········•··--··••···································•································································· to appear before the Judge of the Circuit Court of Rockinghaftt Cotinty,at the Cowrt1--Iousethereof, at 10:00 o'clock, a. m., on the ......5..th..................... day oLN.OY..emb.er....................................................... 19..52, to testify and the truth to say in behalf of the Commonwealth against ....~9P-.{fl'.'9'.. C?.ldwell •...... who stands charged with and indicted for a felony::o::m.ttem:mmor. •And this you shall not omit under penalty. And have then and there this Writ. Witness, . ~R day of ...O.c.tob.er....................... , THI saaTJCI ·•~ss, tu.aaUONBUI.G, TA., 1s CoIT1J11onwealth ttorney �i3 CO™ONVffiALTH V •) Witness Subpoena' LEONARDCALDWELL ~ ~ To ~XECUTE ~~..LAIN THE COUNTYOt ROCKINGHAM BY ELIV A TRUE C v:J!:mFF Rocw ,., l4"'.J..Lf.OUPJTY EXECUTL.. -TN THECOUNTYOt 1 G A IT' p ROC INGRA~. .r.1ELI~ COPY<'r- THEIRTTHI ,~ 1;,.. J TO~.).t. IN PERSC • ~--- ,('I 'ti t; g ti 'O 0 .0 al .... 0 4) 0 ell 0, ' ' ,.~ ~ -~ ~~ Cl,~ , ! �In, the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded Cou.nty, Greeting: to summon ..Tr.a.o.pe.:r ..... J.a ....C.•..... H~.~.h...!;l,.P_Q,....O:i..ff.9.:r..9:........., ..... .1.9.~.f:l_pJ::l: .................... _......... .,............... .... ·········••·••······ ·············•············································································· to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ..5th ....................... day ofN.o.v.e.mb..~.r...................................................... 19?.g .. , to testify and the truth to say in behalf of the Commonwealth against.LE ..O.NARD ....CA.LD ..i/ELL. .• who stands charged with and indicted for a felony~ And this you shall not omit under penalty. And have then and there this Writ. Witness, X,BX;~~~~:J«)C;OO~~~'°~©fjil:«]Jafil<i:Xat day ofO.ct.ob.er the Court House, the ...22nd .... ....................... , .............................. THI l&l.'l'IC,I PaEu, HJ.lll.JSONauac. ,,.., , �D C0!,1M ONWEALTH v.) Witness Subpoena LEONARDCALDWELL 1 To November c.;1..t:~0·:uD/d.6,--,t.~rn ThE ,]OT~~·~ 5, ROCKil:G-1~4..,.~ii"rvERlNG m ,~ H 10 :00 A "rf,GG at 1952, a. m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ..J.?.eme..$ .....C..~.i.C..Q.f~., .....Ch~.:r.J..J.~ ..... KJi.~.1....gD,<}... ......................................... , ..................... Elwg_9.d .. $111Ji:ih.• ..... . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .....5..th ................... day of.N.QY.~.IDP..e.J.' ................................................... 199.? .. , to testify and the truth to say in behalf of the Commonweal~h agai~~\·;··'_-·'········:;_-···················'··················· .......................................................... LEONARD...CALDWELL....... •............................................................... . who stands charged with and indicted for a felony ~NW• And this you shall not omit under penalty .. And have then and there this Writ. • J(y~11',.'"\f,Y,."!,:,},f.V;\'".;,,{,..,~sr:;.,y,.;r,yyyvys Wttnesl'.l','":f.~BIE,f:Vl-:i&W"J.ll-' Ew,~r~ef:.on,· day of.. ..9.~ ..i:;.9?.~t................... , 1~.? ......, and in the Y,"\Pf--,YYY ffitKY(')Of'E, 24th at the Court House, the .................... . �- \,...1,. - ... ' ~t :r~ ... , ',_).._,.Ll.L ,..._ .,~ '-V - -, L\. ' ', 1, I ' • ~ J �c > 15 Dr. Blalock is out town and will not return until the weekend of lov. 8. John T. v'olfe D. Sheriff "' .. .. .... :::, :c u z 0 u ..JI ..JI lwll II ri. ., ��Jn..-raocB. Pettis, Suporlnte1dent ie !!ocpi tc.1 Staunton, \J:..rgtriin ~'JCl;Jto:--n utt' Josep:1 _,. Bla.1001,, !: perint<ilndent Sc,uthueo·0ern ~,tnto n:osp:ltal /Dr,, Tfo.1,,lon, Virginiu David C. ~,ilson Univc:n•o:ty of V.:r,..·inia Cht'.l"lottcuvi11o, Vi:r•ginia Dr. C. C. Holland, Cl ·:ootorn St;t;o ·1ospital :: tuuntou,_ v' ::r~::'::1nin ic:::.1 h•octor �I i �����DESCRIPTION ?llr-- Last known addms ______ Color_ ___)1. Marks_ _____ OF PRISONER -~~"°-r:-----&e._ Height_ ____.~ __".:" __ Weight_ J-J~!____ _ -~/1:":' ____ ~ _______ ..f:_______ J!....oirI'""-~~~<:-- Age ____7-:;______ ____ Date of TriaL ___ fr Result _______-~ t,,>~- Occupation_--~---- __.,, • _, _T __ ___ ---~,.._-__-- __- ___J4_ I) -~,{_ __________________________ -".> ________________________________________________________________________ _________________________________________________________________________________ _ _ _ ��After 5 days, return to DRAWER 1080, STAUNTON,VIRGINIA The Honorable Hamilton Haas, Judge Twenty-Fifth Harrisonburg, Judicial Virginia Circuit of Virginia �_, .--- ~I �Leonard Caldvrnll , the accused in the attached rant, in open court before the Judge of the Circuit Court of ockingham County, Virginia, this 11th day of March , 1952 , do hereby voluntarily waive indictment on t,...h_e_s_a_i;-d!!'--c~h-a-rg_e_o_,f..-mu~der • Witness: �(, ( �ol') .l-----------------------------------------------, Jorm 18 No. 9131 4_ __ STc'rf OF VIRGINIA ~ OF Harrisonbur Va. TO ANY SHERIFF OR POLICE OFFICER: George Whereas, D. Conrad a~ Commo wealth's has this day made complaint and information on oath before me, -~G~e~o=r"--"",_,e,___.R~.__,,P~r~~i~c~e~~~~---(Namel of the said ~. tha.._ ____________ _ (Title) Rockingham ------------'L=E=--=-0-=H-=-=A=R=D'--"C=A=L=D"'-'\="IE=L=L=____________ ~on the in the ~Count\' 7th did kill and mur~ of one John Rawley Carr, against the and peace the These are, therefore, to command you, in the name of the Comm~nwealth, to apprehend and bring before the Rockingham Trial Justice Court of the~ County, the body ~ of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to sumrtlon color ____ Address __________ _ color ____ Address -----------------□ color Address □ color ____ Address □ color Address ---------------□ -□ as witnesses. Given under my hand and seal, this 7th (Seal) �STATE OF VIRGINIA-COUNTY OF I. ------------------- -----------------------, Trial Justice a Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, uu ·rtify that and -------------------------, to the Commonwealth ($________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of----------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit Court shall appear before the Trial Justice be rendered, yet upon this condition: That the sai~-------------------, County, on the _________ of day of _____________ _, 19__ , at _______ M., at _______________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said __________________ from the date hereof. _ Given under my hand, this ________ shall keep the peace and be of good behavior for a period of_________ day of ________________ , 19__ days _ --------------- T.] ls:: Ill 'i (") >-i 0 ~ P:,OroP, ~f;'g~i t:S t:S I-' P. 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C C. i5. l'I> '< 'O ~ (1) ::, ~ 0, ..... <: ::;· <: ::;· IIQ IIQ F F ~ e!. 5· '< t:d g .. .. .., 'O 'O 5· (1) O" (1) 0 .., ~ 0 :, n(1) (1) .., :, (1) !?. g t:S c+ c+ a (1) C 'O ::,- o' Cl) Cl) I-'• I-' I-' p. ~ c+ Ill '<: Cl) I-+) 3 3 Cl) I-'• ::,-' CD C Cl) .0 0 n0 (1) I-' Ill Ill I-' 'i I-'· 0 I-'• t:S I-I) ::r ~ .., .., (I) (') p. til X r, (1) Ill o::i c+ 0, "' J.P. li° ~ ::r 'g, ~ Ill~ I-' tll (ltl ::r Ill t:S p. ._ ~• Ill ::s .. ... ::r (1) (1) >-i .., C') >-l :r (1) £. 0 -n-. =: 5· ..... ji;' 0 rn ~ rn C ri "' C 0 IIQ ... n·-· .... ~- :, :r ... ; (1) l'I> U) rn o::i . ."' V1. 0 I-' . I\) 0 . t-'-' 0 (1) -M U) n 0 C .., :.: .., ... 0 .., I\) •0 (1) 0 r n 0 C ,. ' - (1) (1) r, 0 II" �TRIAL JUSTICE Criminal Docket :N<.>9131 ?:<J Com'th ~- COURT V. ;I i!P -~ A - Leonard Caldwell Defendant AW1 Appearance date 3-8-52 Trial Date Plea of Guilty - Preliminary hearing «aived - Held for action of Grand Jury. �TJ 3 \ ' �In the Name of the Commonwealth of Virginia: Yoii are hereby commanded to summon ..........J: .Se,P.h.............. 1 ~ loc. ~-·· ♦ ................................... . to appear before the Jttdge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the.~.:t.;i,. day of. ........l'fQY..:;,.lPJ~~+.,.......... 19.5..Z.. to testify and the truth to say in behalf of the Defendant in the prosecution of the Commonwealth against....................................... . ~+ 4.... .:~..i.i. ..................................................................... . ................................................J:c. 9.< ..t4 ...C who stands charged with and indicted for a felony 1XiY41JCUHl1.Jr. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Co11rt,at the Court House, the ...Z....t ........... day of ....0.. to· .e.r.,. ....... 195 .. , and in thel77.t r of the Co ��In the Name of the Commopwealth of Virginia: You are hereby commanded to summon ..........J.o.seph.R....... Blaloc.k, ..M...... D........................... .. to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the5.t.A .. day of. ........ff.O.V:~:mP~.:r., .............. 19.5.2 .. to testify and the trnth to say in behalf . ...... ...... ............ of the Defendant ....... ................ in the prosecution of the Commonwealth against........................................ J~~Q~r.4 ... Q.1;1,;i.9:w.~JJ .............................................................................. . who stands charged with and indicted for a felony~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ...28.t.b. ........ . day of ....O.ctober., ....... 1952 ..., and in thel7 ��AFTER ~ DAYS RETURN TO DRAWER 670 MARION. VIRGINIA .. Mr. J. Robert Switzer, Clerk, ~ircuit Court of Rockingham County, Harrisonburg, Virginia. �..__. c:_, �• ' �t � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Leonard Caldwell Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1952 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_008 Caldwell https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_004_commonwealth-v-leroy-roach.pdf d27fcb15d74a2b649bbeef58494e5b09 PDF Text Text g}~.z-~-.$- - ~k$/ 1/.71-1/t.Z - /) 7 Ji& j? ?~- r/~~j(~~//U'd/- /ljtf /i.z~ f'~~ i 11/-3/d2- ~1'~ ~~;✓~ k~- - �I l -- �COMMONWEALTH V. ROACH IN TRUCTION The Court may be convicted circumstantial believe that instructs upon circumstantial evidence the person case that so charged they circumstantial coupled evidence evidence, beyond connected beyond a reasonable him in the indictment; this with the jury other doubt alone, reasonable the guilt doubt. alone, or upon if to convict instructs the jury the jury evidence, alleged against the jury the defendant or upon circumstantial if with crime evidence, of the crime the court or from such circumstantial believe other one charged from such circumstantial is guilty have the right evidence, evidence with therefore, evidence that in upon evidence from such circumstantial evidence of the defendant connected with other to have been proved �.l: ... J '. I ' �WEALTH I STR CTIO~--- Th Co rt instruct y b convicted tantial on o charg di tial ATTORNEY cou 1 d ith ot evi enc or f oms c R. SIPE AT HARRISONBURG. LAW VA. ne char ed with crime c lone, or r nd reasonable f the crim t e court right alon, vi pon or upon circum tanti doubt. tantial lle in tructs o co vict , if th gilt su h circu uilty th r fr• vide c vi enae, beli vet JAMES vid r asonable doubt fro a e th t they h ve th by hat evid nee connected with other evid nee, if th indictment; t jury u .. circum tantial eve beyo d the pr th vidence, d a 1ain t h j ry in t e def ir umstanti jury dant upon 1 vid c j ry fr m ucb cir um tan i 1 l videnc of the d fend conn ct d with other t to h v b n rov d �C WA.J TA Y!IHROTTA .AV ,ORUS1>1oa, .. 11AH �IRS Th rt r vi C eyo d a r '00 l . ru ts the ju y th • n n un o viot C nc , if t ire 11 V onabl ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. t ht t 1 defen C t to inst Q onn av 0 C stan h vid ed t Stant j vld nc, j Jry 1n ·o vi t t ti 1 ui t of th dou t. :I - 11 in ·t the jury stantial er th co 0 , if , or u o cir vi r hr re i r t r r u t it C C i ho h vid nc JAMES necte ic 1 t vi tant bled red th CTI l ot b v d r �WA.J TA Y3HSIOTTA .AV .ORUBIIIOialRRAH �·---- TB.UCTlO ~ JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. f hi ct. �3q1a WA.J .AV .ff a:3MAL TA Y'liHflOTTA ,.>flUSKOl!HlflAH �IN :'L • u.:.. C ...... •·.. ..,., ace u RU I ____ _ u y . Le JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. --... f• o... U'.!:"O ..... e i-c· 0 b • o_ t~l d end V 0 t ce .. t 0 ~ �3•Ha .H 83MAL WAJ TA Y:!ll<l>IOTTA .AV ,e>HUSHOBlil>IAH �IO ThP. u t tr --- 8 t -·Y h 3 t n ury I • C i t t cas t st ary in 0 e th ti 0 r II t u •0 l nc i 1 re ui t r JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA, on t. ev d oc t d t to r n rov d �391e WA.J .ff 83MAL TA Y3HltOTTA .AV .c11tue:11oeumAH �COMMONWEALTH V. ROACH INSTRUCTION The Court homicide, the element be proved like circumstantial instructs of deliberation any other evidence the jury fact, that in a case or premeditation by either direct or by a combination or of both. of may ��ALTH - INSTRUCTI N Th Court instructs th the elm nt of d liber b ike any oth r mstanti JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. l videnc act, jury that in a c tion or pr meditation by eith r direct or or by a combination of both. f may �.dl .t l .t I l 3"'1la .fl 8'.3MAL WAJ TA V3HSIOTTA .AV ,Ql'IUmiOern11A1-f �- INSTRUCTl Th Co "tin tr ct t f d liber 1 like tanti JAMES ATTORNEY R. SIPE AT HARRISONBURG. LAW VA. 1 the jury th tin ti y th r f ct, by or by c a c dit ti 1th r direa or bin tion of both. e of y �3912 WAJ .AV -~ c:?3MAL TA Y~HAOTTA ,D.ffUSHOC::lflRAH �COMMO EALTH v. LEROY ROACH INSTRUCTIO The Court instruct o. T the jury th t if they believe from the evidence in this case beyond a reasonable d ubt th t the defendant, Leroy Roach, inflicted the mortal blow upon Wilmer Shiffiett. presumes him to be guilty of murder Court further mst ... cts the jury th t if the defendant relie defense to excus to introduce in 'i:h second degree, or justify the killing, supporting evidenc and the upon self .. the bur en is upon the defendant that he acted in self-defense; deciding whether or not the plea of self-def enee is established supporting evidence, and in by such it is the duty of the jury to take into consideration all the facts and circumstances and the defendant. the law proved in the case, both by the Commonwealth �I ru: 0 LJ :) �COMMO EALTH v. LEROY ROACH INSTRUCTION NO. The Court instructs evidence the jury that if they believe from the in this case beyond a reasonable Leroy Roach, presumes inflicted the mortal blow upon Wilmer him to be guilty of murder Court further instr.ucts supporting the jury that if the defendant evidence evidence, and the upon self- that he acted in self-defense; is established and in by such it is the duty of the jury to take into consideration all the facts and circumstances and the defendant. relies the law the burden is upon the defendant deciding whether or not the plea of self-defense supporting Shifflett, in the second degree, defense to excuse or justify the killing, to introduce doubt that the defendant, proved in the case, both by the Commonwealth �HT..IUWIIOMMOO .v H~AO.H YOH:3:J .OK KOrr.>tJIIT810 sdt cno-i't svelled "(&d:t U tadt "('lut 9d:t at31l'Itaa! ttuo~ •dT ,:tnabnel9b ed:t t.srlt :tduob aldanoaa9-x s bn0"'(9d 9as:, ei:d:t nl &:>.asblvs wal sd:t ,Us.ftl1d8 "IscnllW' noqu wold lahocn ed:t be:to.Ul.al ,dosoff ed:t bn.e •&&'Qeb bn®ea 9d:t n! "t9b"l.llm lo '(tllq - llee noqu aelle"I taaboelsb 9d:t ~Uhl•t -xo euox• al bet!'>.8ed :ta&Ue:,aeblve plhoqqara tfo.ue "(d bedaflda:tes al se.mt\!,b-Usa lo .as.f.q~d:t :ton "IO ao.t:tneblaa~ -ota1 eut ddMwaommo.') 9d:t ~ dtod , ••• 89 awa,"lq sd:t U fa.d:t 't'JUt !Nf:t st~amnia! "le!U-wl nu<C :t.aabaels.b 9dt noqu al nslt'lud e.rU ,inlWll al baa ,eaaeleb·l&• 9d ot mlrl "(O"I9...I ot •••leb •Nl,G'dal 'Isd;t9rh1 ot Jalbfo~b ot l"lf't edt lo 'tfub edt at tl ••:xalll>m pln<JftUe .,u al bsvo .. ..,_.,amr.t"lht Na .,_1 .Jubul9b edt Ila edf baa �T CTI h truct rt f d liber t tanti JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. th r ny 11 l d th C j ry th tio ct• by eit r by a c in a dtt tion • irect inatio or f both. f y �39:la WA.J ,AV .fl 2::3MAI.. TA YlilllffOTTA .aRUSK021ffRAH �COMMON EALTH v. LEROY ROACH INSTRUCTION NO. The Court instruct the jury that if they believe from the evidence that the defendant committed indictment in the heat of passion, the homicide char ed in the excit d by a reasonable which caused him to do the act without premeditation insuffici nt to deprive him of the power of self-control, he is guilty of murder he received control in th second degreel was such as to reasonably and yet which was in th t case but if the provocation which deprive him of the power of self- t the time the homicide was committed. him not guilty of murder provocation but of manslaughter. then they should find �- J l Hd 'IU ::) t £fj t um 1rl ,,.---- �AL O VIRGINIA o- f. OCKING . , 1 In Gr. d fo d Juror Co ty y of th C rcuit C r t 0 D • 1 al h of Vi 1 , in th 0 id Co ty, I.er Y O tob ir o th on t 21st d y of J ly, 19 2, 1n th 1 , int 1 l b nt that C 111 ity d w. J tb of 0 Vir int. u vldP..nc of D uty 'hr r • J 98 ur to giv JAMES ATTORN£Y R. SIPE AT HARRISONBURG. LAW VA. v1de c. • f- G. M. m 1n o court i co d d sent �WA.J .AV TA Y::3M~OTTA ,;>RUSMOl!UUIAH �COMMONWEALTH 01" VIRGINIA DEPARTMENT OFFICE OF HEAL TH OF THE CHIEF MEDIC ""°"""'°• NOftTH I llTH RICHMOND 18 RllPORT L EXAMI n ,,,,,... 8TRIEl:T t,.._. OY AUTOPBY I ' Auropsy authociaed b,: 1>r, G• G• Tumor TYl>E OF-DEATH: D Violent or Unnatural JltGM: I - JI. MW JD II: CNUT UCtl Bupicioua Ill ..... c'\ -'2k. - -- UnaUen~ by a physician 0 Budden in apparene heal.th 0 In prison 0 Unusual 0 - ... v lrir.,., NON PATM. .; Ma11 ......... 0 wouNN. ~- ~...., o ontD C)jkWTlda Body Identified by: &MINI • COLOil :JI AIITUN)II -mar -- POITdlOII Ul'UIIL at ,......,...,,_.1AT~ 0 - RM+ I>r. G. G. Te.nnei hoSL Dr. G.G. T6.nner lo 1100Y HUT Col d I 4 -· PUTUn9, Lip avollen and blue. Multiple belratomas oftr entire the • •1'9 extend gg upv d ux! 'be.ch·,u-dll which •~~•• lacerat on over the medial- aapect or tbe lt. e,-brou wich il1'a CHICfP1M1 unoo ..... • • N.- T&n 4 l'lft.l:IL Ut cifMrr• rte. Tb.er• if. an obllQ\W lacez-:~~ver in l.•~.1 There -u a tri a9asm,,, about tall. 1n greatest d naion. Just :-SJ.ow ~ eyebrow the" ii a nrtical laceration ••• ? cs. below this laceretion on t.ba_e,elld~,oOt. ~surl;:~ in lerurth o-r&r tha ~ •• there la a c'Urftd laceration meaaruri~ 1.2 .• 1n le h. lt the rl. 1..teral ~ OJ_of rt! .lppG' lip there 1a a cl.D"fld laceratior\ lleS&uring • in· engtb and at the sidpoint t.M ~r 1 p ~Jain i• a triangular laceration just above the muco-equemoua Junction ~1ch Mallll.N& abea• l)-a. in ir'1ii&:Ui1. Bii:4aft2J&5tdrtel. on the face adjactel'4 to tl\O .;B1laai"ilih.J'iW.e' ili°ilii PATHOL l~L DIAONOBIS nbe.rachnoid hemorrhage involnng be.se of brain and brain stem and extending up owr the lateral surtaee1 ot the cerebral bemephere and into the third alld fourth Tentriclea. Multiple laoerationa of face. Maltiple e ue1008 o-t mtire fia• aad scalp. Marked dependent pulmonary congestion, edema and intra◄ lnola.?" beaorrhage. lfaaaift 0 J • • -. - I '"' • ~ PN6•1c ..,. of "1i,,lt:Has•iw. auilt.ftobnoid. h•orrbage inftl.Y:lng be.ea of brain ud l:a-ain at. aD4 .nend.1118 up owr the lateral surfaoee of the cerebral bad■ pboree an.I·. ilrto the third sm rourth wntric 1... AcmtmpJ': _fl__ ,,l a.w ~ ...._ ___ ~ ---------- SEP 4 1962 , 7-22::<i2I 10130 A,M, ------------------~~------·-----~----- 0.. .. ---- dea.,....., - �GROSS end Ml\::lROSCOPIC DESCRIP' suous CAVITIES: FL!URA.: naITONEUM: PEIUCA.IDIUM: Smocth, glistening l!ot r6mr1m ble. and no free N fluid. • HEAIT: Normal in size and configuration. The valns are all thin and delicate. The coronary arteries are widely patent and abow only rare smooth athercmatou.s p~q~s. The aorta shows rolniisa-1 arteriosclermJ-ie. LUNGS: Dependent congestion remarkable. UVD: and edema and intra-alveolar The trac~ Normal in size ne lesions "f 11 nr cell•. 3 and bronchi hemorrhage. Otherwise not are patent. and collfigura tien. • The cut surfaces a.re dark reddish-br<Mil and t-ha U·,-.r a.re n(J'ted &!)8.rt from a.,r~re fat YttQUGlo within the 1 . • ·· ••••.<- • .,.. ~'. .' Worm.al , i..c.,.~tu.~. •PANCa.U!,ll"'mal .1,DUNAL GUND:i: arehi teetura. No lesions·. ) • Normal ln· s'ize an:I ccnfigurst.ion. G, L TaACT: Ho chA.nges,seen. .) KIDNEYS: BLADDil: INTBL'iAL GENITAUA: NECK. ORGANS: Normal in size and configur-ation. Distended with clear uriP~. Test,e~ not remarkable. Not examined, except that The sections show no lesions. ~he mucoaa is oinkish-vhit&. there is no obstruction No leeiou. of the larynx. The acalp is incised by the usu.al ear to ear incision. There is e. small amount of suooponeurotic hemorrhage in the anterior portion of the scalp. The calvariww is removed. There is a lerge amount of subarachnoid hemorrhage. On examination this is found to be massive in the region of the base of the brain, especially belO'!,/ the antt=--rior lo1;es snd ~round the brain stem. The hemorrhage obscure the architectural details i!l these are&s. Tne :1e:norrhage extends ~utward on to the "lmlDD: latP.ral and ar..teri.or surfaces ,::,::the brain. The brai!l ie remaved froa the cranial cavity-;. 3-erial -sections shO'tl bbod 'within the third & fourth Tentriclee. Ther~ is no hemorrhage ~ithin the brain substance and no petechial b0110rrhages are seen in the braJ.n substance. The pituitary gland is normal in size and -ODJ!IBK config,n'B tion and is surrounded by blood. The dura is ft.ripped frooi the cal vsrium I and from the b3.se of the brain and no evidence \IIINII of a fracture is seen at any point The section of the spinal cord sho~s normal structure. The medulla shows som• JlllliK subarachnoic. hemorrhage. Sections 'Jf the cortex show marked sul:arachnoid he~ • Sections taken thro~t the base of the brain show marked subl.rachnoid hemorrhage. lllllllk Adjacent to the surfsce ,:f the base of the brain there art small perin.scular hernorrhagoe and interotitial hemorrhages but this process is not marked. ILW .\ND MF.NINGES: 0THil LABollATORY TOXICOLOGY J>ROCEDURBS: D . &Cl'BIIOLOOY Q SBloLOGY 0 NONB(il DISPOSITION OF EVIDENCE -~TY-l'E-(C_....._ __ ~--., --- -- ----------- ....... __ ·_l ----11- ____ NAM __ ._°'_Mt:_,_ ..._DT____ --1-----------11---0,,_•_CI_M._T_ITU I ,• . I~ rI ------------1-----------1-------1----- _I___ __ _ _ ____ I �.lU!'Ol'ST PICfCX')Ol, or O..tha 7~-62 RcuJt ol Deotin 6100 P.M., 1-w ot Amopt171 7-22-"2 lolm W1l•A' Sldffl••t. Mila, ,..._)4 ,-.n Lbd~t1 1 0 le'M Seffl.eN of I DI'• 'i'ILnnar Dtlte lln\U' ot 1~; nbal"aehnotd ~~ ilnolri.a&r ~ up tMtr tM lat.eral r...-fuee an4 iato \be \b:.I..N ud foartl\ watnoi.. Nlln!.w ud ~ Nal.U.,l• hoenU.., of f•M• Mult.iple OCDtuiGIII MulM4 clepnd@Dt of e1tUN Thi• is the vi.th e frind. ~ taN c...-tiaD. ~r brain llllfl brain 11t• o! the a...bral hla! ph.,. and Nalp. -and itt9 .... .l.Wol.M' balel"l'bsp. or a )4-,,,.n-old, vhit• •1-, vt,o •n«aged Duri.,,r t.ltt f!cbt, be AV.,..Nllltly au\aiald tc the f'aee e.ncl be4d • Ho appanntl.7 tell aaetbard. 8#U.Mt d.t:'Vll te t~ t,Totm!. • w, pro~•d fqt! at tbe 1c•M. MH ii. 1. ~&l~t. p tho~iat VHr/acb A .M. lOt}O ln en alr...-eai1on i.t\Jwrl.. lti"l• c-s.r &n4 al 14 r. D. ., ��CLIIICAL a Tbi• b t. oaM ot a ~14, wbi\e •le, vllo whee Ne bf t.he Mdioal •nainlr at about 7 P .M. on Jul.7 ain. •• 4•4. TM •torr pi•..-1 ta(•tber 11 tM\ t.hi 11 \rho h1t4 9 vit• a,d thrw ehilbal a1.!dvh-.orH1.tle4 tMt.aicla or KllctfJla ir.,a ~ 1 hotll' prio,r to llts dee~ b7 the loeal md01"t&ltff uJ4 u. vu \ brpt-.M1GD ot ff'takor that the t\Nedant had not l» 0 n ~ at tb6t Um. ni deoednt .,a nly ~ot lnt.o u &J'I\Wlllln\ v1 th a trtn4, vho 11 a fth ot a ail• away,oftr ~ autcllloUw 1'Clpa1rVM'k. TM ~ \oak placM bcr.t114•a oar appaNntl,T ~lbd br t.he •1'9 ,,r the 1"0ll4l. Tbe c.teoedeat ta a hl"I• mu u4 ia ua U.a~ 1a ro,o,-W to hit ...UW 1• ■in. The ~WI'\ _,, Mt am ppan 1y r.11 backw!"d hitt1111 \IMt ou aear vhi-11 t», w ne-4 . Wue \r» f1allt 1tut..d vih ol ,be 4M.teat, vbo ··• ■1ant1tac DIM.l"b7. ■tnrwd to l"IU1. The l.9dfftabl' w.a lled abt:-ut 61U ~ 6a,O •nd. \ l\ •• ~ to dM4 wpoe t.ha an1.ftl , f th@ Ullll!ena."1". ft.• c\eoedat 19 Mid to hew btea bl 1ood health pncrl' to h.1.9deatll. ��' lffl!ltl: &W}JljnQ11 Tne badJ' 1a lbat ot a U deWJ.ope4, wl..l MU'la-', vldu lllll• -nri.ac 1,., ~1. ta lfJltCtill. n. au 1a ..... Tl».,.. an lipi tan tn color. !be papil• an ~'-17 .....,. al ... RN ~ lltll. 1a c.U.._.ta. Tba 7 _. bea .._ad U"hr1ally. Tben U DO bean. Jo ~. Thi ,ala _. ao'1 bMa eireao18N. •t!.J'e f'ace. TM f"ue pn .. t.a mlt!:pl.e !ION. tt.,.. 111M • o'fft Ula Tb£t l1pe an wollan a 'bluiell 1A OGlor. Then 19 u HU.qu laffl"&Uon vbi..u ...,.... a o-.w .._ 1'1-h\ • .,. nte~ ,._n ---- • ill l..,t.a. Then ia a trieD1P11u i.o. .. t.icm o...-. mdial dpeei. ot \be l-.tt. .,.wcv wtdoh RT .. •boa i •• i ll'N.WR 41aenai • Jwt. l»lw ~ lac.z: ti.ca~~ eyelid, q,per, ,-t. bal.OH ta. .,. ..., tbuie le a ~l lA••ntiaa 1111&tNrillr 7 •• b. lnltb• O\'w ~ ot t.ne mae ,nen 1• ~ wwwsuflaMPatioa -nri.ac 1.2 •• 1n l~. Ai tM rlgb latcftl J)Clrtiee of \ba riC'-' ..,... lip t-.. ia a lll"ft4I l.Meft\l• flm"UII 9 •• 1n 1..anA at ~ llid--,,oil!t ct the ,apper lip t.hONI ta a ~r la tiaa Jut alieNe iM' ... aqv&MCKIII janion Wh1ftb raodUl"N abed 6 •• in peete•~ diaemt.011. TlwN i.a bloocl in'ript r. Bl.t,e &lao bl.o drl,,4 • t.bie taoo c.djaoent t.o tbl h4"fttJ.am deNl'ibed bon. Tbt ~ 1a me-.. 'ft» ana are '8BN4, The lldl.8 hot are dtny tn,n a;,paan sna• 1a ndla. otbs:Nt.N ---.1 ...i u. '° • 1a BOt. Nam'lrabls. gc,:m,, nsa Wy a .DOl'lll.l ......at an du'k rei!. 1■ la ~ llr the --1 at ••~ a4ipoN IDSJHJc OAJIXDI•'!be" u w, r... •ye ..,,.. Uame. n.td.4 t.n either iaat•l•. Than TM atrta~94 1111110l.M pltrme.l eanily or ,-1.euidbl eant.7. TIMN 1a.. ll Wtt or tl\WI 1m the ~tearal Nft\7 al oh ta thnp~ tc lie ~ 1lo tu bal.111.nc pl'Me08. Tbl ...... 1 lilU'faOft...U'9 all aooth, •ht and gli ~ and the r.l.At1oub1pe, et tM fl ... ft .. •l'Ml• JliCI 911:♦ 9 • lot enmSMd~ QAIJPIQJ.lSCtQ I SJ3Jllf1 Tbe bearl. i• moffllllin a, re 11•ldcoDrii\lfttica. aoattared are&11 1a \lbiab tbs op~tm 1• vhl.te ..nd oc:iaqa. The ~ 1~ tam aDll OD NC1.i(m 1s pale red 1A oolor. 'i'l~ lAd'lnll ot all. ot th'9 'llllWtl a thin am ~•11 t... The fC>1"1r,,M11oval• 1a anatm!GGU, oloNd.. ~ eol"Onar1 0etia rot n11rrl"Ned. The coro11u-y atrtol'ie an ol)lffl8d tm-~ u4 an wid•l7 "?'tent.. 'iM 4 i,t1aia 11 ~~t.b aatl cll•~iq Than an snd. 'brl~bt y-.llc,v. ~ v11n, sire t1'-tt tM rean 1."nt. Th Qc-rta lSkariH •t>OVsa aootb, ,U..wnS• 'britht. ~llov b\iN 111th 01.\17' • I'll...-. aoou a\ba tom p.laqoe. T'h8N re no boll err. th·,~bl b. ti:.e ~ art.er!••• flle lml9 an 1fflt; till ti.tr l'NpNtiW ocs.rl.UN. pi?''dall whit•, r;oft ed eftt'it.lnt -.r.n . tbe ,ntft i an 11Z:SrMIN41a contd•'-D17, ~1\ant an.'l p~-plleJ!a in color • ..tu. mo- 8'ailu 1• C<"lar. The 4.-peD.!ent-:- rtism .,.. Na ...-w aM ~111nu,;1a. TI1e t.nohea aD4 b:ru.aoh1 oon a .ta Gl:!S'l111.aaliUI 4 •'-'rlal. ��1 &"a•:.r 1 I. r.11. 1 e.1: 11 ' i • - • s...- - ::, 11 t n c I ii 8 ; f t: • I 1- ii>~ fi N ;s 11 : 'II 'l u~ fl Ji i~i i:11i t ,1:1n1a1:1u 5 ,1 •1~ If ~II~, !f- Ji:,r; !H ..., , lifi!i( ..., •li- --~ ·r!- filJ ·t if;- ~ f1[ i'l-'l f i 51 Jr c-- ti f ~f.fi E-f(sef"ft- ~~ -! I • f i"ll1 i~l It,~, 1e r Ii r: 1: tfi 1:i1! i;~J• nh(l(t·I r l -11,~ii: I- i 1! I ~ii: ii l; 1 11i1-I ,.: ~:Iii !i ahf ,:~!~i't ll[ i'~·.5 ~ti •• ti r~l lli•i i:: ~-lllf'r: • 1 1!: 1:!1! ~i 1 if :i ?~( ''!!: i • JI· i '•"=' II e.L ;,-: ,.1. ? lh i if! :f!1: !~ p ,, t~ ,~ !!Jf l ! I~ ! l l ~ i ~ :: ,:s;i J ht.i; l• i 1: ·1 ,f 1'1 -~-. lr.! l ii... i r ;- ·If,=!.. r.a. !. ; plot iti • lii~1 Ii ,, ~1!1 if·I 1 1 ,~ 'i. 1·''r ,~ ~!I• !i • ! 1f i:1h ,hi:r;, l i: '••e i: I I 5 ' pi Jrl ff f~•fe 'v , �----------- ------- --- �i. l ~r!i, I It;! _ ~ :t ~ f ,a •• ""' • :I :- =,f ~ I ,_ 1 i.~=f• 5 iJ;l3 ,.,,, &.itl! I f~~ It f ! f?8 ~ I~ ~J 1~1 ~~I "" : 8 to • . 3 J • , J ~- i i & ifi I ~ f i t; Ii t ~ . !- - ti 1- ! ~ I ! ~ r ! i' .. • :' f - t : ! I ! • 0 ~ -a ~ ~ I,_ ~1 a .~ e1 i-1 i.! g. ., ~ ~ - r ! , t~ 12 • t::: Ii l~ ~ If ii 11 J ,; I~ f I I ~1~ I. Pl Q "Jr 1. B~ 3 ~I ~ a • ~ ~ J .. ~ • ~ ; ► ~ i .• ::: i II,) f 6 d ti !9 ,: - I .r .. - ~ I 1 • f si ~ I ~ r ,- :1 I! I. '- I- 1~1 6I I f- BI i I ~~ ~~ 1r i~ j ff r , - () 3 :f t. ; ~ ..., :, • ~ ~ ~ i • ~ r 5 I~ I ~ 11 ~ ~ n 2 • ti ,. r., Jt i f4 ~ • ~ ..£ .. . ;:2 • .... ..... i ~· r!• o l ... C I _• ', ► ~ i 1f ii ; ~I~ i ! i ~ ! ~ 1 8 1. i ~ I t ! ~ l i I ~ ~ l t i i5 f .1 ..·1· I s1f I~ ~ ~ jl 1: f s-1af If ��AM:l!;NUED COPY OF COMMONWEALTH Ar Jtesident 01:PARTMENT OF HEAL TH OF THE CHIEF MEDICAL EXAMINER OFFICE AO~e 0 Non-resident REPORT ADDRESS ------E N09'TH 9'1CHMOND ., L-J---------------------- Ofl LUIUI EXAMI OCCUPATION: UJlllltY Unusual [ J Unattended by a physician : l Sudden in apparent health: Instantaneous without obvious cause ~ After unexplained coma After unex 1aiaed 'di fatal illness ~ BY MEDICAL ...a...c...k...i... o.,.t ...b..a... m.,__ __ M Uil~ City TYPE OF DEATH: In prilon O Suspicious LMT II.IN ALM l&TH STltllET 19, VA. OF INVESTIGATION ...l.... k...t... -o..o----1:l s.- Na.bar ... VIRGINIA •uspeacd - Found dead without obvious cau,e Unattended durin, fatal il1nae Stillbirth attended b midwife Vtn DEATH 80DY 0, ~ Violent or Unnatural O O O NOT1f1ID IIM"E NOTIFICATION BY· ADDRESS LOCATIOM IWJVIIYOAOIIILTOf ILUIUS EI kt,r,n DIAlM nM CITYOft COUNTY 'nr ~ i nQ' 0, PIIOIUIU hi rmra't: h»m Elkton, Va. ioc1cingh.un ffi£!1Way ElKton, Va. ~c-kingnam nigmray ... wtf;WUIOO,IOD'fff -...c:N.Pi•-- llLOJHlD • IU. DQ OIIICUMCIIID lftk c. 11.000 UIICL01HID□ n PAlff\.Y CU>THID O HAJ• I "',-. le PUPIU: t:i'l,el ._ __x_ '][ X -MIS L ........ OTHEA ( -.-) NOIII FATAi. WOUND& AaMUON air: GUNIHOT X FIIACTUII£ WDQHT H:l!? LFIIGTH 7I 0 DfSTIUIUTION: ,•rarm • JAW 0 AIIM 0 COLOII 0 NE:« OCHUT 0 ...,.... 0 POITUIOII0 0 IACt: O AIOOMU □ ~ a L£QI 0 LACPATION)CJ OPV.ma, ITC. NDYHUT1 u IIICISEO ....,. 0 0 BURN CONTUSIONltJ STAI nlOTH DQ ~ACNI □ MOUTH NOia cac...aoNOf800f (L 0., MOll'fTM. HOTII..HIOHWAY, tft.) IIIDIIJUL 9CAU'Z FACt:%) NECK O CHUT D t ~ 0 MDOMFN O MIMI O LEGS 0 FATAL WOUNDS: ffPII (CIWIIHOT,~ ITAL ffa.) IHAn 11n LoeATIOllf f'LAKUN••-•- • M auu Probahl, ca11seof death: Sub aracnf1~ nci~or1·11;;.re ,. 1ractur~a . 11111JlpJ.t., 'OSe, o1 entire race anu sc...i..µ SLl,. ;1t;;·,r, • of •Nth. (Clrak oNly} DISPOSITION OF CASE: - . ·t Not a medical examiner case .•.. · Acci<knt O Suirnle O Homicide [I ?. 4-utopsy authorized fil Ji "'"i Natuntl O Unknown O P~1clin1 0 By: :l;c:. Li. 11 la;o'1el! Pathologi5" ,H. 'lai uot 1111t O I hereby declare that after receiving notice of 1'le dtsth described ~in I took ~Je _of the body and made inquirie regardinc the cause of death in accordance with Section 19.1-42, Tltlc 19 of the 1950 Code ol Vlr'ginia as amended; and that the information contained herein regarding such death is true and correct to the best of know belief. olAww- 0.. A COPY TESTN: ---·-··----·····--·--·-··-·· ~::r. /, chi~•f~~-y ✓-~;~d=ical Exa11iner foaa 'o. 1---&m.N l l-,t __, ..!,) ��COMMONWEALTH A( Resident OFFICE <I0.....08 NOftTH RICHMOND O Non-resident REPORT ADDRESS _____ BY MEDICAL __.R.._a .... c...1r....j..._q...,t-.,.o .... a.,..m.,___ __ M U~ °"- ,._ TYPE OF DEATH: Ia pri10t10 Suspicious Sudden in apparent health : Instantaoeoua without obYiouscause EXAMI OCCUPATION: X.. Dart:r Couey L..>--------~--------------.ae.t --- Unusual { Unattended by a physician : Found dead without obvious came Unattended durinc fatal illnen Stillbirth attended b midwffe After unexplained coma After un ·nec1 'dl fatal illness ._OIILI.MII LAST IEPI M.1111 VIRGINIA 12TH STIIEIET 19, VA. OP INVESTIGATION __.F ... ,J...k.... t...o...o...,_ __ Naabs ... OF DEPARTMENT OF HEAL TH OF THE CHIEF MEDICAL EXAMINER MIDICAlIXlMIMI■ DUTH Yl£W OF aooY NOTiflll) 0 Violent or Unnatural i) O O M1a,u: O POLUIIOT1'1ID • MOTOIWHICLI AClllllar ltcsat-0,IMI~ Dll1'I TIMS NOTIFICATION BY· ADDRESS LOCATIOa IIIJUfl'\'Ofl ONKT Of ILUIUI E1kton ),)e,~;i DIA1" Elkton, Va.. YlllWUfO0, IOOYrt MOtCN.DIIIIII El.Kt.on, Va.. - DUCMPnOII-IIOlff -CL.OTHI.D a waoTNID Mlnl.YCU>lMID O ... _ no ~IID PUt lluff-□ Plft.l: cw. ba:z.a1 11.000 C 0 I .,l'lr IL DO L ni,:nway !lo,kingna.m t::irhway MOunt T ........ ( -.-) _.x._ ::c d.1.rt OTHUL 1AM NOii fATAL WOUNI» 0 JAW OAAMI 0 CONTUSIONJtJ ITAi 0 NECK OCHDT 0 :1 INCIIU> 0 IACK OMDOMINO UOI 0 LM:DIATIOltJCJ fMCTUR£ WEOHT X(j!) IHGTH 7I 0 COLOII AIITWIIOIO lATIM, 0 .. ,-..a.a 0 1•11111& SCALP:11 fACf%JNECICO CHUI" 0 i DISTfllSUTION: ~v'.lrm IOO\'HIAT: - U"8II 0 IUM AS~ GUNSHOT OPA".rnu. m:. (L G.,HO.-c'T._ HOTa, HIGHWAY, l'RI.I hi ,:h'w.:av ni"7ham ~ocKincnam "l[ P1'01M TYl't Of ,__ CITY Ofl COUNTY IACKO MDOMOI O AIIMIO LLOI 0 FATAL WOUNDS: nN (-.or,-. ff& l:ff,) am LOCATIOIII SHAPE PUIII, Lia - Probable cattse of death: "b ..... ""1"'C !l ,,:__J_ n ci..orrn:.-·c S,,__. u~ '" rracturea, ose, ••mlt1p1e 01" entire tacti and sc.1.p t -·- Manner of death: (Check one only) DISPOSITION OF CASE: _A ·dent D Stuci • ·cle O H om1c1 .. dc O 21. A Not a medical examiner seco .. c. rJ-n.cc1 · -..t i.i.., ca~ . ut opsv au th onzc,u t.e:riat,o ~sNatural D Unknown □ PendingJUI By: G Tun.er Pathologjsi' ,H. Tai pat O :ar.·n. I herebv declare that after r~iving notice of the death described herein I took charge of the body and made inquiries regarding the cause ol death in accordance with Section 19.1-42, Title 19 of the 1950 Code of Virginia as amended; and that the infonnation contained herein regarding such death is tn~ and correct to the best of knowled d belief. JUL 2 4 1962 A CO Y TESTE: ············-···---- ...~__. \..~ ...& ..................::.-t) - .~••~~~~ E.,.:arr.iner 24612 ��~ - w~ ~~ ~~ ~~~ -~ ~j ~~ 4/r d - - ����. . . .. .,._ ....... - _..._......... .... _................. . . -. .,,,. .._ ·---- ..---.-----..._,.,.___.,..._.,, . _____ ~_ .._,,. .. ._ ------- �Ii .,I r �~~~~-~~~~~~~~~~~~~~:---~✓ ~_,.d.~~.J~~- ~./~~:!~✓ .x- ~~-~~~~~~~ ~y~~ /I~>//,_ -t,- /~P? ~- ~~~~~~~­ ~~~~- ~~- c'_;,;~ ~--=- - /f[U,,, - Jc- a/~~.;{'~;_~- 4-~-- ~ ~fam,/b'7 - vttf-:- ~ 4~ 207.,2-r~fr~{Jf~) - ~--w/4:;h. ~$- - (_1)~ ~ ~~~~C ~ L.12fZ->~- q;d~~-/<4/~~~,,.__ .p]i~~~- // (1)~L~~-:- ~ ~~ jtk ,i/~/ .-/~~ ~~ k/~ Vfy-(1)~ /~i)~u/ VOJ~ - r~ /~- .-- , ~ 7 J- ~ lat/U.) ~-~/~~~ 4~~ ~~~ ~C-t10-~ ~ ~ l~ rr ~--r~ ~ ~ - ~tYa/~ I?~~~ - F 16 1 ..- .Jtf~~ [)~ - ~ ~ /uhi ~ - - ~~ - µ ~~ _, ✓ ~~ ~~--- f'o?.5~ M ~ ~ ~w~~~a/~ - s?jn//4~_)L~~ ~ v/ r~ - ,/~~- ~ ~ ~ ~_z;:, - ~~-~ ¥- - -- ~~~~ ._ ~h p7u IO '7l r .> dt,4,, --=- ��~ . .. .. .........-... , ..... ·- ..... ... ........... ................... ........................................·-, ·- ., ..-- I ~ ~~~~ - ~2fit:,/,:m~ L1//7 1/#'I ..s-~ - c-1'~:zT~ - 7~~$~~ -_ ~~- - I f!a/!2}' ~~ 4'c:;r~ ~ k II (3) T.!_) ,I 11 (i)~d~- " ,, £/4_,P/,cf/~ _ -~ -~~jP'~ ~¥ -r ~ 11~L - ~µ~---~~ ~ -f~~ �• �~/~_.;;, 1 II /IV~~_/'--- �r I I --- ,__ �......... ___ ........................... 'I'"! .. ._ ......................... , .................................. I ~- ? (,)~~- ~~ ✓ (_.2)Jd- (!}~ &)c~..v'~ - ? ~~.~ ~;;#~L~/~~- ~ I J- I ~ ,..... ............. ............... .. - �.. 7I �v~· ~v~--/~ 44,M~ ~~___, ..... ~ r/4/~~---> ~;?~t???~A-- • �l L ��t l l I t" 1 �I ; I �.,.. + �-+ �I- \- ���Comp. Form 18-A ST ATE OF VIRGINIA COUNTY OF ____________ _ I No ______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: 0 Whereas, ___________ a_a_C_O ______ of the said County, tha1.-.._____________ _ or These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body ~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: ~~/~&T color ____ Address ..... ~~=••=:.....<-'------------0 _,,,:;,,.~~/)"""'"'""~""''""""~-'----------- color ____ Address --i,lc....~~_,c..,&.~~""'~"""~-·_,___ _________ color ____ Address ----------------- color ____ Address ---------------□ -----------·------ color ____ Address --------------- □ ---------------□ ------------□ as witnesses. ~l t' Given under my hand and seal, thi.~ ____ JUl y_·-------------, day of____ �STATE OF VIRGINIA-COUN'lY OP--------------------, a Judge of the County Court I, Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify that and __________________________ _, as his suret ------, have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of --------------------------------------( $________ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit County shall appear before the be rendered, yet upon this condition: That the said ---------------------, Court County, on the _______ _ day of -------------~ of ----------------------19-. at ______ M., at ------------------, Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain i~ full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon further condition that the said ____________________ shall keep the peace and be of good behavior for a period o,.___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this -------- -Wlys 19__ day of -----------------, Ju~. ., m r, >< 8 8 c:: p..'8 ~ Q ~ "' i;: 1:r ,. ~ ;. ;. ,. ,?i" I ;. ,. ; g_ 5· g. i0 ~~ ~> -g- "11 0 ~CT 5· ~ !D ,... P'> p p.. @ .... r "11 5· ,. ~ e. Cl> 0 p 0 p ~ ._ ~ s· ~ i fl w ~ "' ., e. ~- ~i;: l tar > 8., p ~ ~ s ~,. ~ ~ R- c2 ~ ,. ,.0 .,ti, :::.: p.. ~ - ;. ,. Q 0 r:: p >-l ~ E e: ;? ,. ., ., 0... '< 0 e. 0... g ~ p p.. ~ g, e: 0... 8 0 p ~ ~ < !" ~ p.. p "11 P. ~ ~ ~ 8 p s· c8. .F' __;· ., ., ~ .. .. i., ~ a. ... [ .. ,.CT "' ;;i ,. 8 ~~ ~ Cl> go ~ § 1J ..if 0 p ... ~ ;:;· r:: ~ 0 .... l s· l)Q 1J n 0 \0 [ 0 Q r:: p g §' ~ ~ ,.1J ., ,. ., ,.. r, 0 l)Q p ,.p..;;;· �GROSS and MiCROSCOPIC sERocs cAvm,s: Saooth, PLH"R.\: PERITO,f.l;~!: p[RJC.\l{f);t "\f: glistening Not remrkable • • DESCRIPTION and no tree nuid. • • " 111AR 1 : Normal in size and e~nfiguration. ·rhe valves are all thin and delicate. The ooronery arteries are widely patent and show only rare smooth atherom.atoua plaque ■• The aorta shovs mini!.'M.l a.rteriosclerosi•. LUNGS: Depement congeation and edema and intra-alveolar hemorrbll.ge. Othanliae not reClarkable. The trachea and bronchi are patent. UVER: SPLEEN: PANCREAS, ADRENAL GLANDS: G. 1. TRACT: KIDNEYS: BLADDER: 1~n.RNAL GE!\ITALIA: NECK ORGANS: BRAlN Ar-;D Ml:.NfNGES: Normal in size and eonfigura tion. The cut surf~ees are dark reddish-brown and no lesions of the liver are noted ape.rt from a rare fat vacuole -withb the liver oell,a. lonal ■tructure. Normal architecture. . ' lo le81ona·. }formal 1n· si1e and configuration. lo change11 ,seen. Normal in. size and confi.gurf.tion. Distended 1d th clear nrlne. The sectioll8 sho,.r no lesions. The mU1Josais pinkish-white. No lesions. Teste;s not ramarkable. Not em'llined, except that there :l.s no ob,truction of the ler;nx. 'fhe scalp is tnc:1.::ed b:7 the us\ll'l f.'er to N·r incieion. '!'h,-re is a smll amount of' sube.poneurotic hemnrrhl!ge in the euti'-rior portinn of the !108.lp. The calftriua is removed. 'l'ht"re is a large amount ol' subti.rr~chnoid he1:1orrhago. On exaaination this is found to be massive in the re:-gion of the oose of the brain, espeoiall7 halfflil th(:I ant ...r:I or le, r)fi~ ,. nc1 ,-rourY: t.nP •.r-.J n ,;,terr.. -r·n~ hemnrr~e obeeura the arehit~ctural detaiJ s in these 3ret s. T~o hemorrhage e::i:terids outward on to the lPt~rol Hnr.1 RntP.r 1or surtnces of th(' 'hrr,in. The hrein ie removed frm the cranial cavity. Seric.l soetiona show hlood within the third & fourth wntrioles. There is no heroorrhage within the 'bn!in substance and no petechial are seen in oonf'iguretion e.oofrom the Tbs section sube.rachnoicl hemorr~es the brain substftnoe. The pituit~ry gland is normal 1n aiM and and is surrounded by blood. Th"' dura b !tripped from the oaln.riua oose 0f the brain and no evidence cf n fl"f\eture is soen at a117 point.. of the spinal cord shows normal structure. '.i'he medulla shove •om• hemorrhase. Sections of the cortex shw merked subaraohDoid. ~ Sections taken throw.Ii tho ooze cf the brain rhow rr:1trkee suhlre.chnoit! heaorrba,-. Adj~cent to tte surf'ece ~r.th~ b;.ge ~r th~ brt'.~n th~re n~r. 5mall J)f'rinscular bemorrhaies and interstitial hemorrhe.go3 but this proces~ is not marked. OTHER LABORATORY PROCEDURES: T0XJC0LOGY D . BACTERIOLOGY [J SEROLOGY D NONE~ DISPOSITION OF EVIDENCE NAME OF RECIPIENT TYPE \Clothing, Bullets, Etc.' ADDRESS 'I • ----·----- • I • ------1 I -------- 1----------·-··---- ' OFFICIAi. TITLE I DATE ----- ! �COMMONWEALTH DEPARTMENT OFFICE OF THE Midd!r o&ID~ TYPE OF DEATH: Unattend, O \"iolcnt <'r Unnatural MEDICAL t ,F l.ast l by n php,il'i,,n l_;nusual f7 _ Aump,y , lit pri.,, "• 1:h :rized hy. Dr....JL...Q... f:l(i\JR JAW 'ra.nmr_ _____ _ Name n.l1.ie l: Sudden in a pparC'nt' hr-:11 t It ... Mean.,;· EXAMINER A UTOI'S) Willller .. _____SM f'f1,.,t~- John. HEAL TH NORTH 12TH STREET RICHMOND 19 REPURT DECEDENT ___ OF CHIEr 404-406 VIRGINIA OF JC Offi,ia! Tid\! 13ody ldcintifiecl by: LI\IOR ARMS N£CK Ci[ CHEST ttACK :!: ABDOMEN LEGS Ill IX :S C[ i--1 COLOR---·--. ____ _ Dr. G. G. Tanner I ! I ANTEAtOR POSTt.RIOA u LATERAL IX P~ H~ONS PRESEN r AT AUTOPSY ; REGIONAL .=...=.:c:;....~--- AG~----- _Q__ HAtR.dk...~,11., NON srx...Male RACE....JL_ FATAL wouNos. , nir.·r«l77 MtJSTACHE...0 scARs. -· .. TAnoo1Nra. Cln.VEIGHT <:llivl;M,.i5f cTHER -- !i•.J FEATURES· taee. There ia an oblique T.an.... PUPILS. R_.4 Xll,ll'..,, OPACITIES, ETC:. Dr. G .G. Tanner sn -, ' ,,f.P Cald C _4 !!III.. --·--··---·· - __ Lip swollen and blue. Multiple hem,itanaa over entire -·_EYES. , laceratiop over the rt. eye extend~ 1,1pva.rdand backwiirds which meaS\11"88 2 em. in length There is a triengular J.ecrr~ti:,n ovf'r the ur.dial as;)ect or the 1t. eyebrow which -•urea about ~. in greateet dimension. Just below thin lecflrP.t.1.oi1 on the: eyelid, uppt"!r, just belov the eyebrow there i$ a vart1cnl 1."'tee~t:J.on 1'1"Pn1rtng ?'i1:I• 1!:!.lf'nl?thi Ovor the bridge ot the no•• there la a curved laceration measuring 1.2cm in lenit,h. At the rl. eteral portion of the rt. 11PJ)er lip there is a curved laceratiur. measuring ~in lt~ngtb and at the midpoint of the ~per lip tMre is a trie.ngular lacere.t.ion just above the muco-&q\l8.I\Ousjunction .tich n:.e-asurea about ~ an. in the faoe adjacent t?_the 1~et~~a:avon f!::!::fl~a=i~!ioaTfti?w!s ~1o~fgeriiit:Uta.B~a~:' PATHOLOGICAL DIAGNOSIS Maadve sube.rachnoid h£mo1:rhe.pe involving oose of brain and brain st6rn o.nd extending up over the laterel surfaces of th& cG1·ebral tiemiephar·es and into the third s.nd fourth ventricles. Multiple l.acer~tions cf fsce. Multiple contusions of i-r-.t~re f{'C.? nnd scalp. Marked dependent pulmonary congestion, edema and intra-olveolniherorrh:1.;;e. Probable cause of d.. zth: Massive suoo.ri5.chnoid hemoIThage PROVISION ....l invol'1'1ng base braill •tem and extending up over the lateral surfaces bed■pheree and into the third and fourth ventriclas. A true copy: ----·--Oiicf Medical Examiner CME Form No. 10, Revised ,-,6. Dace 0f brah1 nnd of the .::0r•:br~11 fL'1AL R £:PORT REP(1RT D [jj �! t1l'OP! PRatooOL Date or DFatha 7-21-62 Bour of Daatha 6100 P.M.? John WU.aer Shifflett Male, A1e-)4 year• L1mit8.t1one1 Complete Date ot Autop1111 7-~2-62 Hour of Autopsy, 10130 A .M. Serviea1 ofs Dr. Tann~r /.N.ATOMIC DIAGNOSlS Massive subarnohnoid her.iorrhage involving be.ae of brain and brfl in stan and extending up ~ver the lateral surfaces or the cerebral oomiapherea and into the thirc\ and fourth ventricles. Multiple Multiple lacerations or f1i.oe. contuBir:-,ns ,,f entire !'ace end scnl-p. l'.arked dependflnt pulmonary congestion, edema and intra-elnolftr hemorrbar•• PINAL SUMKI.RY This is the case of" 34-~11.re-ald, vhite male, who engal(ed in an alte1"CaUOD vith a friend. Duriug the fight, h• apparent4 1wstained multiplti 1nJur1•• to the rMO and hesd. He apparently tell backward against a car and slid down to the ~round. 19 1,;u pronounced ~•ad at the eaene. d:&{~ V. R. Talbot, Pathologi■t Wlft'/ncb I M. D: ��lohn Wilaer Shifflett CLIIICAL S11GUt Thi• 11 ~ aaN ot a )4-,.ara...U, vhiue •l•, vho vben Nen bt tba aedi•l •vm1ne~ at abou'\ 7 P.N. on July 2ln. waa d•4. TM at017 pieeed t01•~r 1• that taia am vllo bail a vit• and tJaree ch114NII and vho reaided out.aide ot llkton va• aoea abollt l mm-prior to hi• 4eat.h b7 •• local undenabr u4 it vu t.ba illpn11lon of tlle aatertl'!1:~-:r th<"t the deced•" had not befln 4ri.zlld.nc at that t.1-. Th• 4Neeleat.,.nnUy got into an u•11a1nl with a triend,vho llwd abou\ t"th of i;i. oil• away, uVl?r aome aut.oaotiw repair vork. Thia argumant. took pl.ace beaid• a oar •~rent.17 parked b7 th• 1i<S. ot tha roacl. Tbll deoedent 1• a lar.re 11&11and hi• •••ilant is reported to be ■-.ller in 81H. The de\ledent wu hit and appaNn~l1 tell baclcward hittizac \be ear JW&r whioh they vere ■ tandine. When UM tight •t.arted the vile or tm- decedent, who wae stan4in, nearbt, ■tarted to nm. The undertaker was called abcut 6115 or 6130 and thtt man was reported to be dead the arrival of tho undertaker. 1ood health prior to hi• death. Th• deoedent 1■ eaio to hAft upozi be•n 1n ��John Wilmer ShitflAtt A62-.32 GROOSDJi'.SCRIPTIOlt 'EITFR!.;;,, -,;J,.1-.:l..;.~:•:r,.,;;,The1 body 1s that ;;f a "1ell aev-,.l.o~d, well nouris bed, vhi te ms.le He.a urlng 177 c,n • in 1 ,mgth • The he.tr ill ~ ark br0\111. The cJ]i,-.; a.rv light tan in color. fh• pui:,ila are t·!Oprox1metely equal ind IDS&SUN 4-5 IIUII. in diameter. The body bas been embalmed arteria~. Tr.tor.. is uo ooard. No mtataohe. The penis baa not been circu&1ind. The tao• present, multiple acft tissue hflmatCJll8a onr the er+'"~" r,.,._ . 1""::,, lip• an svollen and bluish in color. There ii an oblique laceration onr the ri~ht fl!YfJextending unvard ann backvards vhicn ..,..,._.J-.;,..·da~ -.ir.. ~n J..flI"'4it.u. .i.'nei·~ 1..1 a tri11.ngular i11cerat1.on ov.r th'a fil6-~ .....1.::. aspE:ct .)f tlla 16ft eyebrow 'Which lll81lsuree ab0ut 8 JlllTI. in greatest uiUli;naion. Just oelCN this lacel"fttion on the eyelid, upper, just oolow the ey~ brow there 1s a vertia.l laceration measuring 7 -• in length. Over the briA\ge of the nose there ia a cul"98d laoeration meesuring 1.2 cm. in length. At the ri~ht lateral portirm of the righ\ upper 11~ tl::c:.·e is a cJ.rv~d lacer1:1tion mPasuring 9 im. in length and at tr~e mid-point of ~he. Upp~r lip there 1a a triangulJ,.r leceration just above the nruco-aqunmous junction which aeasures about. 6 mm. in greatest. dimension. There is blood in the right ear. Blood also MS dried on the taoe adjaoent to the laoerationa desoribed above. Tbe noee 11 traotured. The an.a are tanned. The nail• and feet are dirt1 and there appears to be grease in ;:.he naila. Other.,ise the external enllination 1• not reill6.rkable. §!CTION,The ~Y is opened b7 the usual "I• shaped incision. a normal amount ot subcutaneous adipose tiuue. 'l'he 1triated are dark red. ii Thare 11U1cle1 SEROOAL CAVITn;s, There 11 no free fluid 1n either pleural cevit7 or pericar1ial cavity. Thllre is a arooll f'lmount ot fluid in thtt pf'ritoneal oa'Yi:t.7which is though'\ to be secondary to the 8mbalming proces11. The seroaal surtaeea are all smooth, moist &nd Rlisteni~ and tte rel.ation1hip1 or the viaeeraaB normal. ll&K OfGA~a Not eDl!lined. CAly)IOVASCUlA R ~YSU:ij1 The heart. is normal in aid and oonfi~tion. There are acattPred areas in which tne epicardium is "White and opaqua. The myocard!.wn is firm and on section is pale red in color. The leafieta of all of th• w.lvee are thin and delicate. The forsmen o~l• i1 anat011ioall.7 closed. The coronary oeti& are not narrO'.oled. ·.1.:.it. corom,.r:, a.r~riee are opened throughout and are -widely patent. The inti.Jrw. is s11100th 111.nd.glistening and brigat yellow. The valls are anrt and resilient. :'h6 aorta likwie• show~ a 3mooth, gliatenillg bright yellow intilna vi t.h only a rare ■mooth ethc1·onv.ttGua plaque. :,iertt ara no emboll Ol' thrombi in t!lfl pulm.ona17 a.:tt°.ri·=H1. LUJC-Sa The lung• are large and till their respective cavitias. Th• anterior portiona a.re pinki1b-white, 10rt and orepiten'\ while the poaterior pcrtiona are increa••d in eonai1teD07, 1Ubcrepitent am! :;>urpll■h in color. The cut eurt'aoN are dailar in oolor. Th• dependent portiona are &Nil to be congested and e·:le1atoul. l':~u traobea an..! bronchi -::ont.aina a 1mall amount or a aanguineOUII suaoid mat•rial. ��lobn Wil.ller Shifflett A62-J2 GROSS I, SCRIPTIOBCON1D G.lS'l'RQ-.Lc{g..ilIM.1.,i:)l~1Hh The ~osa c,f the eaopbb.~'W> ia pinkiah-white in eolor. The stomach oontain" 111 moo~rate 111mount of a ~rayiah mucoid r.Bterial. Tile emall intl"Bt1M ewno111M.rkua. edema l")f the wall. Thia 1a th,.,ught t.., hf'! ,eMnd11ry to the embe.lming proceas. TI:e appendix 1a long. The co.Lon i~ uot. ren,arkable. ~..,.,.......1 i.:. site and configuration. '.i.'he capsule is smooth and gHet~nil'lf7. The H'Vf>r i~ firm "nd on Notion is tan in CC'llor ....1th no alu-ra.t1.on of the usw1.l architecture. BILIAnYSYJ11h• The gallbladder is full of dark green vieoid bile. The mucosB is dark ~rt>en and v-elvety in appeeranoe. Tne bile duote are patent. F-~OCRr,A,a IiorIMl in sl7e end configuration. It ia firm, tan end showe thf" U9U1!.llobulP.tion. .Serial sections show no groH lesions. SPU•!;N• Normal in size and cnnfiguration. capsule. The cut surfa.ce ie dl'lrk red. It is firm and shows a smooth l,DIPUA'i'IC S YSTEhi Not rem~r~ ble. ADRENAL uLAIIDSI 'fh• r~ht configuration. On section thiclrneas. URINARY SYSP:M• e11psule strip cortex and left The kidneys easily and medulliry adNinals are normal in size end the cortex ia brig;ht yellov end normal in "'r• revealing wn,aids normnl in size a amoeth pah ahov 11. and oonfiguretion. red surface. normal configuration. and ureters u•• nonnAl in si•. The bledt'er is di!tanded a clear atn.w coloNd nuid. The mucosa is pinkis~hite. Th• On sect.ion the The pelwe and filled with GFNITAl.IA.1 The prostate ifl nonMl in si~.e ~nd c~nfigureti,~~i. It is moder<1. tely fim ,rnd t'°>f, cut ,urf Pt.ee 1!! hon,01e~"'°u!'l ~u-rl wh: t,"'. The testes ere ooth "..ccat~ ,.rfthin the scrotum And the cut snrf13oee s\.iow normal 1tructure. SKEJl1'AL SYSTF.M• Not remarhhle. No fractures are noted. CfNTRAL ~RVQffiS SYSTrJ-11 'l'he seal~ is r~flP-ct.,d by the u,,ninl ear to ear incision. There is A Sll\Jlll 111.mount nf subapont3urGtic '1tt~·cr·•·::c1 ;,"-' in the anterior ncr tion r,f thf' sc.cilo. The cslV1:Jrium is rei:novt::d.a u . .;iro is a ls.r~e Amcunt of euber,iohnoid hemorrhElge. un i,xe.minAtion t.his le found to be JMsei ve in tht!t re~1on of the base of tntt brain, e&oeci,uly oelov the anterior lobes and. arouna the brain ■ t.&111. .l.'he hemorrnage ob6ci.ll"s the architeotunil details in these areas. The her-,_.........,.,,...,.,a,ri"'"~• ,.,ut.·ard on to the lateral and ant~rior surt'ao•• of th., i:.iraln. l:.-ie ui·.-.in ia remoftd rr011 the oranial c11.niy. Seri.-.1 sections show blood vithin the third T~ntriol• e.nd fourth ventricle. 'lhera io bO hemorrhAge vithin the brain eubetane~ and nc t""~Ohial hemnM"h"v.ee ere aeen in the breiJi subetanoe. The pitui t;ls.nd ie norJJ1~,l in cii~"' at..i configuntion end 1s surrom,~ed by blood. 1'he dura is str"i?'Pod t"ro~ the celvarium and f'rom the oo.se of the bntin and no evidence rif ,;. frhcturG .:.s .,o&n Bt any point. tacy ��John Wilmer Sbi!!lt"tt !62-32 MICR03COPIC DESCRIPTION PRg3TATEa Norm.el are~:itec.,ture. BL4PDFR1 Ho ledons. iPPFll)lla P1ttent 1'1IDl'nvi th all l,tyt"rs or the vall intact. from the deP8ndent portiom of the lung ehov intraal nolar hemorrhage, conge5tion !lnd ed~ma vith m&t'ropbagee contninin.q- I! green pigment. LU)[;~-31 The section• ~• liot remarlm bl•. lll.Jm• No:ntal 1tructure. or lymphocyte!! ESOPHAGUSa There rtre collections in the eubnucose.. ,lEJtJJJUM1llonnal structure. STOO.CHa No lesion•. PAJlfRU,SI Nonna.1 srehi teature. ~• There 111 110111e autolyds. the portal aree.e. A rere fPtt SPI.lllh a A fev lympbocytee are ••n in some or ole 1 ,n in the liver O<'llll'!. ere promillflnt. The lymphoid follicles )form.el architecture. ~• !Q!!!1 This SE>etion shovs nona.l the °'-eophilie ground subst&nce. PITUITARY GUJID1 IJDl[!S ft I The anterior lfo lesions AJ)RFJALGLUl>SI 1trueture and poetf!rior eprirt t'rom some inores.se 1n lobes show normal structure. ere noted. Normal structure. cnmu.LNr.RVOUSSts'ITMa The section SeVP.ral cortical nodules ue present. of thG» spinal cord shm.rs nor.r:al structure. Th• •dull• ■ hews some ■ ube.rachnoid bemcrrbage. Sectione of the cortex ■hCII 11arked ■uba.rachnoid hemorrbftge. 2ectione taken through tlie b,.,se of the brain ■ hov 111e1rked sube.rachnoid hemorrhage. Aajaeent to the surface of the bftee of the brain there are small per1vascu1Ar hemorrhages and interstitial hemorrhages but thi• prooess i ■ not marked. ��lNSTRUCTIO __ The Court instructs in Vir inia gr e is pr s In ord r to fir t d gree, JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. jury th t every unla ful d 1.n 1 lev te th to be of ns urd r in th to murd r t e burden of proof is on the C:ormaon• ord r tor o how a justific th due tion or the off ns tom xcu e, the burd n i lau ht r, upon �I rr d t W.A.l .AV TA Y3"1ff0TTA ,a!IUSM021Rs;AH �• STB.UCTI urt • u t ju t ; 1 t JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. b a • ot e ry r articular 1 tb 8 asa 111 exit - , 1 be 1111.ng y t th t viou 1 . llful, �3"11Z .ff a3MAL WA.J .AV TA Yl!HSIOTTA ,.>SIUSl,1021ffRAH �U I Th Court in truct lt re tio of utu 1 c in ord r to ju ify u t prov giv n, d ity f pr ATTORNEY R. SIPE AT HARRISONBURG. LAW VA. an laug ter. 1n el •d f na • (1) Tha b for the mort l • bis o • 0 killin :ve him i kill·d ervio y to beli ve tb t t on d furtb r c 1 t killin t two thing: fety; or to jury t uch killf.n r JAMES at, be c uld with lif th lf fr w gr lif or t r r as n cea ry to pr b ily h 8 V rve • �3"112 -~ 2.3MAL WA.l .AV TA Y3HSIOTTA ,QRUSMOi!UUlAH �COMMONWEALTH INSTRUCTION The Court evidence in this case beyond 6d,?/~L. ~ey ~each, presumes ~~ inflicted the jury that if they believe a reasonable the mortal instructs to excuse to introduce deciding supporting whether supporting all the facts ~~~~~ in the second evidence the burden that he acted or not the plea of self-defense evidence, degree, relies the law and the upon self- is upon the defendant in self-defense; is established and in by such it is the duty of the jury to take into consideration and circumstances and the defendant. the killing, the doubt that the defendant,.,~-/~ the jury that if the defendant or justify from blow upon Wiilme:r ~h~fflett, him to be guilty of murder Court further defense instructs NO. proved in the case, both by the Commonwealth ��I r s f • My i y t 1 t r d y itb UD' hirt g do 11 8 �I �oh b but 1 1 ro th of l hi or rot t r lly into tol lang s th nt writt th b t t 1 dg. l wrn s : J. T. G. M. J . L. 1 Jr. Leroy c. wh b u ch h or h n d littl I ot �- .. ... .t a •• .. '\ ,- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Leroy Roach Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder, convicted of involuntary manslaughter (note: autopsy report, defendant medical examination) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_004 Roach https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_003_commonwealth-v-leroy-roach.pdf 4cd4017544b7ec10a3144c6b20d6401c PDF Text Text COMMONWEALTH f vd..f/Jj /IJ1-C:,N DESCRIPTION OF PRISONER Last known address <l),1 Color[,&!/IJ17=: ~ ,3 Height,?'-' n ,Aq_;t{~t JY' Eye,/-U..£.lf Ii /rTtJ Hair;,&,/Jt)w,).,/. Weight 7 / ,/ 2 Marks----------------------- Agec-2 ~ DateofT,ial Result c) OccupaHon LL jP I~ --;/71.,£1 C:JY -!:;f;1 (~- ~ £ J} e# I__/- 2 J -G-2, .-- ��JAIL REPORT ON: Leroy Roach Placed in jail: Bailed on: Returned to jail: 1/-~ ./ - ~ 7- 2..- ,2~ - h 2---// /1&/ b 'v ��.fv0-"r Docket No ,/ . CT ~. Cl??;;?/ 196 COMMONWEALTH of VIRGINIA ~~!). Cl , ~~~ VS. Indictment ~~ LEROYROACH J Felony (murder) ) ~~/J~ ~ David F.Berry, Own (x ) Madison, Appointed 1962 Oct. 15. Return ( Va. p.~ ) of Grand Jury. Oct. 15.Arraigned and plea Set for Nov. 15. n.g. // 11/33. 11- Nov. 15. Jury impanelled, etc.,' evidence ~eard, etc. 11/49 Nov. 16. verdict of jury returned and accused found guilty and punishment fixed at 5 years in Pen. Mot on to set aside continued to Nov. 21; accused committed to jail. 11/49. Nov. 21. Motion to set asiae overruled; and exception by accused. Roach sentenced in accordance with verdict. 11/51 I . yo I c.. l Ir ( CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �.. "-< "... ,.z 0 z ~ "' z f- .. n ..".. .. ;= 0 z > .."'.. > �Comp. Form 18-A I STATE OF VIRGINIA Rockingham COUNTY OF ·------------ No._____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: James R. Sipe Whereas, has this day made complaint and information on oath before me, -=D-=o:.;:n.::..;a~l:;;:.d~-=S-=•:_..:E=-v..:....:c:a.::..:n::.;;;s ________ _ (Name) __J_u_s_t_i_· c_e_o_f_t_h_e_P_e_a_c_e ______ of the said County, tha1.- ____________ _ (Tide) --------------=L~e.;;;.R.;_o;..iy'--R_o_a_c_h did on the 21th ______________ day of._-~J_ul___ y_______ kill and murder the Commonwealth _.,jn the saidCounty , 19_§_g_: Unlawfully and feloniously one John W. Shifflett,against the peace and dignity of of Virginia. Theseare,therefore, to command you, in the name of the Commonwealth, to apprehend and bringbeforethe County Court of the said County,cthe body ~~ of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: ________________ color ____ Address -------------- □ ________________ color ____ Address --------------□ ________________ color ____ Address ------------□ ----------------- color ____ Address --------------□ color ____ Address--------------□ --------------as witnesses. Given under my hand and seal, thi~s__ 2_1__ t_~ __ J_ul__,y"'------------, ~--=---~--'-"--=--8--::i~--=----t 19 62 ....,m.......,,,~'"""""a___--( Seal) ( Tide of lssui111 Officer) JUSTICE OF THE PEACE �.,l'r;.r.r-..--..,,,....,.,,.✓~ STATE OF VIRGINIA-COUN1Y OF---------------------, to-wit: a Judge of the County Court I, Justice of the Peace in an d fo r the County aforesaid, State of Virginia, do certify that as his suret _____ and--------------------------, _, have this day each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of ------------------------------------( $________ Dollars ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to of ----------------------- Circuit County shall appear before the be rendered, yet upon this condition: That the said -------------------~ County, on the ________ Court day of ______________ at ______ M., at . Yirginia, and at. any _time or ti.mes t~ which or further heard, and before any court thereafter havmg or holdmg any proceedmgs m connection w1th the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; _ 19_, the pr~eedings may be continued charge m this warrant to answer obligation to remain i~ full force and upon further condition that the said-------------------shall keep the peace and be of good behavior for a period of___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. 19__ Given under my hand, this ________ day of ----------------, <fays Judge..J.P. .,n c+ c+ 1-3 ::r ::r :;y (1) \ . '~ (l) ~ ~ E. ::r a f' 4 ~ c+ ::r I-'• \ ~ ~ 5· ~ e. " ~ e. ~i;r 0 p :I! "& g ... p ~0 p 5· l)Q ~ a 1l .., ~ s· 1l .., it ~ ._ ., ::.: "r1 8 .,p ~ ... Pl" ~ ::.: ~ ~ a.. .,tll ::.: >-i ::i. e:. ~Cl) • I-'• t; 1-4) Cl) I-'• ::rof-'• (1) f..J(l) p.~ " t"-f ~ e CD !:.:J 0 ~ a ~g. f-'• f..J (1) i >-i s· p !:.:J 0"r1 - 0 p, 0 ~ en >-i ::.· e: p ~ @ l-) i co ~ 5"'~ ~ l "'- 0.. ~ 0 -.i ... f s ... 5· < ~~ p .. ~ 9Q 8 j .F' __;· ., lr 0 "'- i.. " 0- " 8 " 0 I:) e" ... l)Q ~ ;· ~ C: ~ 1l .., 1l ::: ~... " 0 \J-1 ~ ;i ~o ~ 5 § :I! ~ ::.· s· ~ ~ en ~\ \J "" ~ !t .., ~ ~ 8 ~0 ~ i> () ~ ~ ::s0 ~~Cl) ~ \ ~ ~ __.___ p 5· 0 I-<) r J..J• f\) 0 "r1 (1) ~'U p. ~ C: o' (1) ~ 'i II> o' s: en 1-4) p. Cl) ~ - ... ~ Er (l) c...~~ ~ ~ ""'"'8 c:: (1) 'i § .., C: 'i (1) 0 p. n .... \) r g C: p g - ..."" n ~p ... ""'- �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The. Circuit Court of Rockingham County, The Grand Jurors October Term, 1% 2 of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said County, upon their Leroy Roach on the 21st day of July, Rockingham, Shifflett, Virginia, against feloniously now attending oaths present in the that 1962, in the County of did kill the peace and dignity and murder one John W. of the Commonwealth of Virginia. Upon the evidence Mrso John W. Shifflett, of Deputy Sheriff witnesses to the Grand Jury to give evidence. G. M. Wilcox and sworn in open court and sent �murder ~4-,,t. ' Foreman A TRUEBILL Attorney COMMONWEALTH V. , ROACH t ., James R. Sipe Commonwealth's • I I J �0 November 15, 1962. Common we alt h On an indictment v. charging felony (murder) Leroy Roach This accused, day came the attorney Leroy Roach, attorneys, came pursuant facias, twenty qualified surn.~oned by the persons and free were persons commonwealth and the accused, the names of four Abbott, Scott Dellinger, persons, D. Fawley, Kenneth William aforesaid to constitute and a true heard heard the sider their having nine recognizance argument yet verdict, reached remaining jury, and found twelve, the and after a verdict, cor jurors retired were adjourned In ,-1~ F. Shank, Thomas selected and truly of the to their again into until as try and the defendant instructions /I George Galen B. to the 1 aw and the some tim~ame l therefrom and Roy Earls, the o'clock. u,,,1'!40~ Robert the the nam.ely: Ralph E. Arey, according of counsel, for struck were sworn tow ell duly containing attorney the commonwealth received Virginia. of venire a list to the W. Lee Dechert, render l court Haywood Butler, make between the evidence, a writ whereupon, James A. Haney, the verdict by the and the and by his of Madison, who each alternately and the G. Blose, corn.~onwealth, under was handed Pennington, O. Evans, delive:bance sheriff from exception; twenty having to his examined names of said bar the Hugh R. Ross and David F. Berry, And from persons true for and at the evidence; court, and and room to concourt, tomorrow and not morning at ��G November 16, 1962. Commonwealth v. On an indictment Leroy felony (murder) Roach This accused, whereupon, verdict; the the for the came pursuant trial jury and after the following to his conrnonwealth, recognizance again retired some time the verdict of the manslaughter verdict is at accused, jury con1trary 5 to their jury, and grant years. accused jury impanelled to adjournment; into court punishment moved the court their and returned the accused, his a new trial Leroy Roach, at confineforeman." to set aside on the ground that evidence; the hearin/;rgument was committed and by his Galen H. Dellinger, to the law and the for find and fix and t.he room to consider came again by counsel, day of November next and the they "We, the ment ~n the penitentiary Whereupon, and the of this case came pursuant verdict: of voluntary motion; attorney Hugh R. Ross and David F. Berry; and sworn for guilty day came the Leroy Roach, attorneys, 21st charging I\ to jail. and the court in support the said fixed of said the ��11/21/62 Commonwealth On an indictment v. charging felony (murder) Leroy Roach fhis day came again and the accused, county the verdict evidence, therefor herein the accused, overruled sentence hearing xti thereof, it be held for of the said until of the State jail inquired (5) years and kept imprisoned the term aforesaid, his time he may have been held V f j accused not pronounce of the jury rendered offered or alleged by the court at hard labor. that the incident to into And said of this accused the custody of an to be removed and conveyed to the and treated in jail said in the penitentiary house of this said should being he can be delivered and penitentiary the of said Leroy Roach the costs he be confined Penitentiary, motion, of the court, the verdict considered of the common- of said being and nothing is therefore and that is remanded to jail puulic with Virginia. to the law and the a as/further ground on behalf in support And it day of the term, for the term of five officer contrary :tk.ll submitted argument of this day of the term that he had or knew to say why the court prosecution, state of Madison, instructions excepted. the commonwealth, of the sheriff the same, to which action commonwealth recover this as being by counsel, on him in accordance at a previous in delay David F. Berry, of certain by counsel, if anything came in custody be set aside and after accused, for of his motion made at a former the giving wealth; court Leroy Roach, and by his attorney, And in support the attorney commonwealth, therein in the manner directed term to be subject awaiting trial to credit and/or to by law for sentence. any ��Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth Mrso John Wo Shifflett Mro Glen Wilcox - Elkton, day of.___ Va. Court of said County, A_ugu~_s_t ____ to give evidence in behalf of __ V. _ - to appear before The County 24th of Virginia to summon ________ , 19~, sitting at Harrisonburg, Virginia, m said County, on at the hour ofL-_2_:OO __ P_._M_o ________ -'C""'o=l1llll0=""'nv=-c..Te=-a=l=t=h=--------------------------- Leroy Roach 2 .of that day �The County Court u U.UJ <J a::: a::: 0::) '~I-~ vi z< ::) ol!J ----- Docket No. 39l 3? u u Connnonwealth vi a::: ~ ci vi vi ci Uz , Ul- I. BJ I-> z. z :=i . ( . V. ( Witness Subpoena ( <C ::E a:: -L ~n LLJ Cl '\j' t,Jc:.. Leroy Roach ~ a:: ~~ f- (/) [' To: August 2~ ....!QJ~~~~___,_,,.______ L. [ ~ i.'U :, 0 LU n:'. >CL 0 u . >- CXl 1962 .... �Witness Subpoena Commonw;ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: Virginia, m said County, on 1 m the pending case of .3....l""""'~r_...,_t ______ __.::c;:=: V. ~: my hand thi ~------------------------- �The County Court ____ .iJocket No . I ..:J? f ~ ,I -l/....., .J ( V. ( Witness Subpoena 4~ ( ~ �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: - K, .x:.u: ::> ji. ...\ to appear before The County Co"tr-t of said (County, sitting at Harrisonburg, -l..,'f day o.____~--.,~--, / V. m said County, on 19 to give evidence in behalf of-s;,C:.,4,:'1'*~:,,.,....,~A'";;::_ _ __:::-,-..b:ff=:;;-'L.::.:=3.d: m the pending case of Virginia, ----""'-"-"'i--,.._.----'--'::,__---------'-:--------'------------------ 4 ~::::;:F"---------------- �The County Court c., ( V. ( Witness Subpoena ( ¼w �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appea~~e ---~__,,__day The County¥C of ___ rt of _."'-"-'=-=;'-,---, sitting at Harris~onbup/~nia, 19_L atrQ-"hour~ in said County, on ..... ....::::....;,-.__c_ _______ to give evidence in behalf of;;1:2......,.s,;;jl;:Zo-o1.LJ===-----~="'-'="'------l==--'-~---=---=:..o.""""'--------------- / in the pending case of ....,Lb--.-_•~==-1_.../.._--'---------------------------------- V. ..uofthat day �r ,_I,_.-' I ',0 •• .. ..;TR~WDERMAN r-f'P"~ 'v\'.•-,-HI~~ u, (I) ::l r+ ~ in pe '.''Yl, Jt ,. .. '-...•... s-::id .. by ..... i::: .., 0 (") '<: r+ ::l i::: 0 (") at his usual ~.~/A w.~ £~. to ::r >--:l (I) ,g ner. ~~~:::,;;,~~~~~.:·s 'A:CSTRAWDERMAN usL1•~Ipl.:.o of cl--,-d3 . . . . . . . . . . . . . . . . . • • , being a member of his -fc,rni!y above the cg3 of 16 years, .onJ explaining the pLirport th .. Mof . . . . . . . . . . . . . . . . . ... true co~y of this ........... f z? t:z../.~. 4:.!i!-:- ~ place of aboc!o, [,<ccutcd .. ,Y.:"-;-:. . Not finding f:::~ .. ~t \ I ........ ~ --, 10:> ---~--- ..;;p~· ...... ..·~· ······. S. R. C. · · • , , •• D. S. R"""""' By/.(.< • • • ·,~ TO li'l ,_,.. ·,•;: , r , ::-:c::Ll\~ERINGA TRUE ·--··----,yr-,- <).,/~te;~ THi: COUNTY OF CJ71 r �-~ • ~- i,1 my ,)ciliwi::k . • • • • • not found -.K...9,./......... , 19(~ K. L: STRAWDER MAN • • • • • • • • • • & • • • • • • • • • • aaf,J.,.,Jf N,~-~in my b •.<?~ • 1rk ... ¥,-: ~( ...... not • • found . ..... , 19~~ • • • • , ••• S. R. C. De~uty sn,.,if ��COUNTY COURT Criminal Docket NC! 39137 A Commonwealth· V. ~ efendant~ J l{ V\t Appearance Date Trial Date ~/ ,,.,j_.j cf r .Ly-,,.- , - { L- 2-- u"-v �V.J f :-2LJ :: (/-- l -~ /,.,._,_ ~ _,•~T .2?h, (7-e,;~ - 1 2- -~ ~ �JOHN J. MORRIS (1967-1957) HUGH R. ROSS DAVID F. BERRY FREDERICK Ross, BERRY ATTORNEYS R. COATES & COATES STANARDSVILLE AT LAW 985•2331 STANARDSVILLE, VIRGINIA August 15, 1962 Clerk of County Court of Rockingham County Harrisonburg, Virginia In Re: Commonwealth v. Leroy Roach Dear Madam: Would you kindly issue witness subpoenas against the following named persons who are being called to testify in the above case in the Rockingham County Court on August 24, 1962: Elmer Lee Shifflett, Swift Run Va. Bessie Roach (Mrs. Kelly RoachJ Elkton, Va. Leon Shifflett, c/o Mrs. Bessie Roach,Elkton,Va. Dewey Conley, Elkton, Virginia Our firm represents Leroy Roach in this case and it is our understanding that the preliminary hearing is set for August 24, 1962 at 10:00 a.m. If this information is incorrect, would you kindly advise me. Very truly yours, ROSS, BERRY& COATES ~;J~c!f-4 /✓;avid DFB:mfm F. Berry~ �.... '. L �JOHN MADISON J. MORRIS (1907-1957) 940-4430 HUGH R. ROSS DAVID F. BERRY Ross, BERRY & COATES ATTORNEYS FREDERICK STANARDSVILLE AT LAW 985-2331 R. COATES MADISON, VIRGINIA November 12, 1962 Mr. George W. Kemper, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia In Re: Commonwealth v. Leroy Roach Dear Mr. Kemper: My notes do not clearly indicate not I have requested that Elmer Lee Shifflett Run, Virginia be summoned on behalf of the in the above case on ovember 15th in your subpoena has not been issued for Elmer Lee would you kindly do so. Sincerely whether or of Swift defendant court. If Shifflett, yours, ROSS, BERRY& COATES DFB:mfm J �r F r �J/--L.~ M ~·y_ ~ .;t__~ ~{ /l&-d/ ~ ~ ~~ ~~~ ~'.<M-, ~ -J,k k -~ 1-Ju~- . c£1_- .A~L/Vv~ d 5 (7.IVIA �++ ,, �COMMONWEALTH v. ROACH CHARGETO JURY If you find as charged malice in the indictment, aforethought, meditated, you will find him guilty at death, that Jr and that than twenty find him guilty more than twenty without sudden heat, confinement five malice but that than five nor degree, John W. or implied, or in mutual manslaughter in the penitentiary he killed actual provocation, upon combat, you will and fix his punishment for not less at than one nor more than years. him not guilty nor of murder in the second degree, his and fix his punish- of murder in the first aforethought, of voluntar If you find find but then you will for not less him not guilty on reasonable find him guilty in the indict- aforethought, and premeditated, nor of murder in the second degree, t, for years. If you find Shifflett as charged with malice in the penitentiary and in the penitentiary of murder in the second degree, ment at confinement degree years. of murder, deliberate with and pre- of murder in the first the same was committed it was not willful, deliberate or by confinement If you find him guilty of murder, the murder was committed it was willful, or for any term not less ment, Leroy Roach, guilty and that and that fix his punishment life, the accused, him guilty punishment of involuntary at confinement one nor more than five years, exceeding one thousand dollars, exceeding one year, of murder in the first nor of voluntary manslaughter, or, or by confinement If you find him not guilty, but say so and fix for not less in your discretion, or by both such fine manslaughter, you will in the penitentiary degree, by a fine in jail than of not not and imprisonment. you will say so and no more. ��J fl ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Shirley ••••••••••••••••••••••·•·•••·• Dean - Route #3 Elkton ·······························•···········-'········································································•··•·········································•··· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ... J:?.!;Pday of .....N9.Y~TTIP.~.r ........, 19..9.i., to testify and the truth to say in behalf of the Commonwealth W9:r,:e-~ -Gc-aAd. .Jwi:.)'y against .............................................................................................................. . ........................................................................ Leroy ..Roach ............................................................................................... . who stands charged with and indicted for a felony misti.effl~ier. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ....!-.9.;~f ............~~Y~.[_1:1~~·~·················• 19.~.i .., and in the of the Commonwealth. J~.?..t.b. year �/f-/t!'>~ L '. ~,#A. I, ~ t- ,_ , ' /l---/4 -?-z_ . f' R 4✓r4'~- ~~~~ ~ -r-c...-:- .. - C'.·, - . . _/~ :..,/~/4,,/~ ) C 8 • • • • r~ • • • • . :1••. .. ..; .. ... ..,,. C. • y • • •••••• C &~~ (.s. R. C. �In th l, Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You a~-ereby County, Greeting: commanded to summon ···•·-···-··············································································•···································· .....V. ..i~~.Y~ ...~J:.1.~.~.~~~;~···~···~~.~~~ ...f!.~.?... A~~--·-~~~~-~ ..-~~.~~~~ .......1".&.~~-! ...!+f~~-r--·-········•····· ff.~., ...~J~~.~Il.............................................................................................. . -/Wayne Shifflett - Route #3, Box 149B, Elkton :::~::·~~·~~~·~···~·~~·~~;···~··~:~·~~··;;~·;···~·~~~·~~·•· : ...............~.~"f.Y...!?.~.~~J~Y ...~...g~~.~~... ........._ .. to appear before the Judge of the Circuit Court of o'clock, a. m., on the Commonwealth .~.~E.~. day of ...~.?.~.~~~.~~·······•··I W~r-e-Uie-Gnut<-1-.Jtt~ ........ . ockingham County, at the Court House thereof, at 9:30 HL~~., to testify and the truth to say in behalf of the against .............................................................................................................. . ........................................................................ Leroy _Roach........................................ •..................................................... . who stands charged with and indicted for a felony mistlen,ettt1-el".And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.J.Q:t;:.bof .......N9Y.~.~J?.~.f...................... , 19.§.i .., and in the ....~~.?..;Iyear of the Commonwealth. �j//tP_·-f:27NTJ--IECOUNTY E?<~':UTED ROCKlt 'G t,M COPY O'= l BY C'[\I r 1;:: ;. JG A TRU ~},?,?~. \i\'IT ' TO.l/4~J._j~~IN PER~ J ( -:-~ .a.~ ..;... •;+t" ........ -: ' • . . . . .,. Ji?~· .. By ........ S. R. C. J.),.1<... . . . . . . . . D. S. R. C. llT'T'//-/(_.-r!. ~IN oc "I - ., THF p,: co,..Yc ...T 'E co~ TY ( ~G A I 1,, '" ,/~~- TOt:!:t ✓~£,z,e lN Ft;:L'"' •• ....... f:. • : T • . . ....... "j""Ft .... ~fl-·...... S. I f:y Q ·.·.-.~ . ;.tL~ .. ..... •C D. S. . C. �In the Name of the Commonwiealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon------------------------------------------------------------------------------------------------------------------------- ----~!._".. ___ ~-~---~--".. ___ !_~~ner ___ - __Grot toes , ___ Va.----------·--------------------------------------------------·····-···· .. ·----····-·······-·-··-····----··-- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the J_~_t.b_ day of ------~Q_y_~!TI_l;?_~:i;_·-·-·-·• 199_4___ , to testify and the truth to say in behalf of the Commonwealth Befe-i>e-Ui@ -Gnu¼<i• ..JH~ against --··------··------···----·-----··-·--··---·--····----··--···---··-··--···------··-····-··--···--·---··--·----·· -----------------·--·--·--------------------··------·------·--··----·---Leroy __Roach ·-·-··········-··········-·-··-····-····---·--·------··-··-·-···------·---····--··-·-····-······ who stands charged with and indicted for a felony misd.emeffl1'6r-.And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- .~_?, and burg, Virginia, at the Court House, the __ ?._~~---of ---·---~~~~-~~~E-·--··-·--·-----···--·,19 ___ of the Commonwealth. LfO in the ·--~·~?.~_hyear ��In the Name of the Commonwtealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Go M. Wilcox -- ---------------------------------------------------···········----------------------------·. ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -----------~ ------------------------ -- --. ----------------------- - -. -------- -- -. -- ---- ----- --.--- . -----. ------------ -- - . ----------------- - -------- -- ------ ---- ----- ---------·. ---- -------------- • ----------------------------------------------------·------------------------------------------------------------------------------------------------------------------------------------------------- ----------------- ------------------------------------ . ------·· ·- ----------------------------------. ----.----------.. ------. ---... -----. ----. -------------.- ------- ------•--- - -- -- -•-• ---•------ •• -• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ....~:?.~?day of ~.?.:'!.~~~.~E............. , 1~~.... , to testify and the truth to say in behalf of the Commonweal th »Qf 9i,:e,..UlQ-Gl-.aR'1 .Jw.i:.~against .............................................................................................................. . ........................................................................ Leroy ..Roach ................................................................................................ . who stands charged with and indicted for a felony .ffl.tSfleIHeane.P.- And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the.J9.th of the Commonwealth. Attorney for Rockingham County and the City of Harrison- of .........NgyglJ)Q~X .................... , 19.62 .., and in the ...1.81.thyear ��L roy ddr ch. Elkton, i . Co uring of • to couns-1, t rily thi , at of Chi f • t ilcox r J. T. l ttorn y J th r n d y July 1, 196· Virgil live th .ldor Ro o pie h whi k y t is mo .in • about pint vnin. 28 y day. I My Va. I ul , al 1 1 v r• 21st o· rt d n do g Bottom an rnin . I Virgil an be r to is y 'p ~ti ~'%~· ,\Y' x; ✓p., the ~ ~( own 1 hi is �• I �1 tt{ •J,l':Ji but I d cid ro • Th h obod 1n ys b nt his to go bul C th h n tor litt:l 1 t and th th bov t t tru and corr I tat 1 dg. / WIT S: J. T. J R. L. J ., Leroy nt writ t to the b , ow �.. - �address My name is Leroy Roach. is Route #3, Elkton, Va. I am 28 years of age. My I have been told that I am entitled to counsel, Nevertheless I do make the following statement voluntarily this 21st day of July, 1962, at 8:30 p.m. in the presence of Chief Robert Lo Deeds, Officer J. T. Howe, Deputy Sheriff G. M. Wilcox and Commonwealth's Attorney James R. Sipe. Today, July 21, 1962, I had been doing some work with Virgil Conley. Virgil lives at Sandy Bottom and I had gone down the Beldor Road to pick him up this morning. I had a drink of whiskey this morning about 9 a.m., and Virgil and myself drank a pint during the day. I also had some beer to drink later this evening. About 5 p.m. this afternoon I took Virgil home. On my way back down the Beldor Road towards Route #33, I saw Elmer Lee Shifflett, Leon Shifflett and another boy beside the road talking. I pulled off on the left side of the road to talk to them. We started talking about car motors and other things. A little later a man I know by the name of Wilmer Davis came down the Beldor Road and stopped a few minutes to talk to us. I knew that Wilmer was a good mechanic and I said something to him about fixing the carburetor on my car. He said he would look at it lat r today. I have known Wilmer for 7 or 8 years. Wilmer's wife and little girL were with him. little later Leon Shifflett and the other young boy left. Then Wilmer came back up the road and stopped to talk. His wife and little girl were still with him. Then Elmer Lee Shifflett left and I started to leave. But then Wilmer and myself got in an argument and Wilmer hit me with his fist on my head and got me down on the ground. I got up and reached for the front left door on my car when he took me by my shoulder. I then turned around and struck him a hard blow with my fist right above his nose. Wilmer fell down over the trunk and left rear fender of my car and I then took hold of his shirt and hit him 4 or 5 more times with my fist. He then fell on down to the ground. After he fell down he was bleeding above his eyes and nose, and was also bleeding from his mouth. He still looked alive to me because he was making a little noise and his stomach moved a little. He never said anything or opened his eyes after he fell to the ground. He was laying down hill, and because he was bleeding so much I turned him around. After he had been laying there for about 5 or 10 minutes, Shirley Dean, who lives close to me, came by in her car and I asked her to tell my wife to come up there or get a doctor or ambulance. I waited for a while and I thought she had more than enough time to get back several times, so I then got in my car to go down to my house to see what was keeping my wife. After I had gone about 100 yards I met my wife and Shirley, so I then backed up to the road to where Wilmer was still laying. My wife saw Wilmer just lying there, so my wife and I decided to go down to the police station in Elkton to tell them about what had happened. After ��- 2 we told the police, we started to go home but I decided to go back up to where Wilmer was ly~ng beside the road. The ambulanc and a number of people were already there when we arrived, the ambulance getting there right before us. Nobody else was there at the time of the fight or when we were having the argument except Wilmer, his wife and little girl, and myself. When I started to leave, just before Wilmer and I got into the fight, he told me that Billy, my brother-in-law, and told him that I would run if anyone came after me, or some language similar to that indicating that Billy had told him I was yellow. I have read the above statement written on 3 pages, and the statements are true and correct to the best of my knowledge. S/ WITNESS: J. T. G. Mo James R. L. Howe Wilcox R. Sipe Deeds, Jr. Leroy Roach ��Fer Hurder City STATE OF VIRGINIA-C~XY I. Jc' n G. Leake that and 2500.00 a 9 : 30 Judg~i,'l tire-~itncy,~urK Justice of the Peace :\S ~, Rockinham \. M., at -----------'-'------,Virginia, Ha~ri~on urg Ccmplainant S..;n~, to-wit: ies , have this day each acknowledged · dbe ted themselves tn FIVE FlTirDReD------------------- ), to be made and levied of their respective goods and chattels, Leroy I--;sued 7-21-62 Farra"'t R. in and for the County aforesaid, State of Virginia, do certify his suret _____ T TO T"TUS 4. of Virginia in the sum of be rendered, yet upon this condition: That the said of Jaries OF----------~-------~ L :-o:; :qc ach lf ~r::" Ro"C1-, ('"· 11 ~n· ~~--J.-~~c•~-~-~-~l.l!~"'s· ___ Roach l ________ to the Commonwealth ($ rrarrisor,burg land5, and tenement!' to the use of the Commonwealth to Circuit Court , shall appear before the ColffiijC Roach 15th County, on the Dollars October day of 19~. at and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -,-------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ___ 2_6_t_h __ d,y of 'U"US t ~.,,\9~ 2 7 ~.?~ ;. "' ., C: (") 0 }!Rise. J. P. m >< "' < !" s. "o 1;;::, "' / n "'tl ~ ,days "' 0. ;. "' 0. ... ::,- .;;· "' "' >4 ., 0 > ;. () ~ tJ:j ~ "' 3 5· t, :§:: ::tJ >- zt-:l e:. o· ::, 0 a. 'Tj ;. "' ~ ~ == s: pz z ::: > t"' .., tJ:j trJ rn t-:l §: 0 0 > ~- .., () :I: ::, n ::,- ,_.. (IQ '° .., "' -"' .... I ., 0. '< ::h ::, a. 0. ~ (1) o,;· 0- 5· °" 'Tl (1) (1) (') 0 8 80 ::, ~ (1) V, 0- .., (1 ; ..s: ! (1) 'Tl ~ § s i:j; ~ '- ~ ..g ~ ~ "' ,.. ... Q (') IJ:j 8 :,c- ~ ~e. ... ~ e: ~ ~ .,... ... ., ::, a.. ~ g 't) .. a.. ~ .... 0 (1) < i;i F" ,F" 5· ., ::, ~ $ ~- 6 ., i., s· .. .. ,., lr .... .. - 0 a. ~ 6 ... ::, ~ (1) i r (') 0 ~ V, 0 ~ ;l (1) (') (') ::, 2 ;:;· g ::, ~ ::;· ,fA> (') o' f. ::, °" ~s ll g ~ ~ 0 ,_.. \0 l ~ ~ ::, 9 :E! ... (1) (1) .., ,., (1) 0 ::, °" ;::;· a.. "' �Comp. Form 18 ST ATE OF VIRGINIA COUNTY OF ____________ TO ANY SHERIFF _ I No. ______ To-Wit: _ OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, ____________________ _ (Name) of the said County, tha~---------------- (Title) ________________________________________ did on the _____ in the said County day o~---------------, 19__ : Unlawfully __________ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said, County, the body (bodies) of the above accused, to answer the said complaint and to be furthP.r dealt with according to law. And you are also directed to summon: color ____ Address color Address D color ____ Address □ color Address ---□ color ____ Address ---□ as witnesses. Given under my hand and seal, this _____ day of________________ (Title of Issuing _ Officer) 19_ (Seal) �W. H. NICHOLSON, RE M. D. 7TO 9 P.M. ELKTON, VA. REFILL REFILL NO 1-2-3-4 REF'ILLS BROWN'S ELKTON, PHONE PHARMACY VIRGINIA 29B • 6B81 -----------------M, D. �I �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, to summon ~a.np..1.~. E.9.a..qJ:i Greeting: ($1'4!.t...Rtm,, ...V.a...,JL .......... ............................. . ......... fJ;Jt .../~····················· ..... ~~1=~~h~mL~il~!;~:;~~~r~~~;;j·;El)<tQJ)).; . e .Shi.ffle..t.t . ................................................... ........................ .Be.rti ...CSm.f.t ...Run, ...V.~.P..) ..; ...................................... Rrank Hati_ow (Swift Run, Va.); JiiJii:f •J~•····•=i!~~~sEfffl}~ ~=~f~~~~~ ~~~IL•~~~~~~~;~. J; 7 t// i}. ;✓-- IJ to appear before the Judge o'clock, a. m., on th~5.:ti~day the Defendant of t:he Circuit of .. in the prosecution Court of Rockingham N..()Y.~Irll:>~r..L........ , of the Commonwealth ......................................................... t~;i;>PY. .. County, at the Court House thereof, at 9 :30 19 ..9.?,to testify and the trnth to say in behalf of against R.q~~ll,. who stands charged with and indicted for a felony mist~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the 8t.Q.. .. day County, Va., of ........N9.V:~.m"P-~;r. , ............. , 19.9.~,and in the.+.~.7.t:.li. ...year of the Commonwealth. Ross, Berry & Coates, Attorneys, Madison, Va. '3,<ao -:,. c.. • I ✓ �EKEcr-rR0O',t 1/-(t~~. --i Zo '1:J. =✓: ;t>-m. ;;o . ' .. :r O· .. z· . =~ . :t .. :"' . .. CC,...' _, T C) . • cu '< , • I T0 l/l. • C/l •• -i ::0 • • •► I I CJ •t' • ;;om () 0 .,, C'~ni" -< , C 0 - -t ,,, G)m .Tl :ro -l I r1 ✓ >: s: co: 3 ·<· o: p !-'l !Jl ? ?ti f) [l cu '< :) It.I . ::;-i () m -< LQ 11 0 -0 ;;o. £ .,, (/). 0 . ~ L" . < -· rJ: p I • By II , ,J /} ~tt • • • • • • • • • • • • • • • • ~)M • ••••••••••••• • • • • • • s. R C. . ..0. ·.:.~-l·~ -~. --~-... .. . . .......... s. . . C ~~ D. s. . C. By B<ECUTED I ROcl I .1 ....... • ii v\ y D ... c· OPY OF THE 'I;' TO ......... . IN PERSON. • ••••••••• D. S. R. C. E (;ol.JNT¥ e.: G A TRUE ••••••••••· · • .o·.j .. ...... .. ...... . h. l. c-T- .. y .. ·.:.:.4.4,,J. .... R. C. D.S. R.. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ~.ie County, Greeting: . .Ro.~cl,1Jsw:tt'.t ..Rm:>. •.. V.a. .•J; ........................................... • Be lah Law o ( ontevid o); . ............................................................................. Mra ....W.alter ...Wil.1.1.ama...(.S.l.e. pwe.ar....C.or.p•.•...Elkto.n).:. arman Roach (Dan ........................................................................ ··- . rt1 .... Shiffle.t.t rank arlow (S .. Lloyd ............................................................................ L.e.on ...S. 1.f i'.le.t. lmer L o'clock, a. 111., the Defendant on thel.5.tb. of the Circuit day of in the prosecution . ft Run, Va.}; D.€lan...(. lkt.on., ...V.a•.)..;............................................................... . .............................................................................. to appear before the Judge Lum er Co., Flkton); ....C.Swi.f.t...Run., ...V.a•.)..;...................................... . hifflett Court of Rockingham W..C>.V.f3l@~~......... of the Commonwealth (, wift un, V .); . (.c/.o ...Mr..s .....B.e . , 19. County, 6~, to .s. . ... o.a.c ... E.lkt.on.,.Va.) at the Court House thereof, testify and the tmth at 9 :30 to say in behalf of against .................................................. ....................... L~l"O.Y ...R.<?.~.o.h who stands charged with and indicted for a felony In witness whereof I hereunto ~ set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the 8:t.h....day of .ove..m.b.e.r.,. ......... , 19 62., and in the County, Va., 18.7tn....year of the Commonwealth. . , Clerk ; �y �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ft ..Run, Mann• )J • .e.ar....Co.r. .•., ... .l.kt.on) ..J.. o., 'l ton} J , .....a ....)..,..................................... .. ); . .......................................................................... .... i .............................................................................. Ll.01 , ...Va.. .; ............................................................... . tt, ( wift u.n, •)J ............................................................ ....Leon.. to appear before the Judge of the Circuit .. ./o... Court of Rockingham o'clock, a. m., on thJ..$.t .. day of ....... ......Q............... ~.f......... the Defendant in the prosecution of the Commonwealth .......................................................................... PY....... who stands charged with and indicted for a felony In witness whereof I hereunto ., 19 County, 6.2,to 1. ... o ch •.....lkton,. at the Court House thereof, at 9 :30 testify and the trnth to say in bethalf of against .c.h .......................................................................................... . ~ set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the ............. day oL ...... .O:V. reb. ..r., of the Commoowealth. .s.•..Be ............ , 19.6.2 , County, Va., and in the.l . .7th ....year 4&,'t,/L_~'. ~~ , Cleek �t:nmy �~ ~ ~ /4.-- ~~~~ 7~- ~ ~ //; #1 ✓~ ~~~:t!'-> ~~~a7~~~~-"M:.. ~~~~~~~~ c/~ ~~/~p~~~~~ ~ p/'~~6j/'~~~ ✓~~~~~ ✓~~~ ~~✓~~~~~ ~~ ~ ~ rr.Jt?~-~, ~ /-96'<,_, ~ ~~~~ • ~ ~~ ~~L.£)~/ ,/~ ,.?/.-z/~ 4',.,$7 47'~ ~~~- .r, /'~ ~~ £_ #~ . T~~4!/.;1/Yb~- ✓ ~~ ~. ~ ~ ~ ~~~ ~d~ a?"'~~~/:::i~~~~ ~~~~~~~~~✓ ~a.~y~~~ ~ 9 d • ~-✓ ~ ~~~~ ~~~~ ~~- p/'~ ~~ ~.z;-~~~~, //'~~ /1-~ f y~~~r ~.. ~. ~~ ~~ ~ ~ ~~ ~ ~~ ~ ~ ,qt!-J..3'/ ~ .L.&- /~ er/~ .o,/ ~ L~~~ ~~ ~~~~- ,./ ~~~~~~ ~ ~~ ~zP~-~ -~~ ~~~~~; .~?2-~ d~ ~~4~~~ ~~~~~~~ - Y~~~~a~~~~~ ~- ✓~~~~~~~ ~~,/~~,b~ • ~~--- ~~~ ~~~ ~-/.r-'e-- ~~~~~ ~ - ✓ ������COMMONWEALTH V. ROACH INSTRUCTION The Court degree instructs is any willful, human being the jury deliberate by another ation that murder in the and premeditated killing first of one with malice. Murder in the second degree one human being I by another is the willful with malice, killing but without of any deliber- and premeditation. Voluntary human being engendered manslaughter by another or brought without about is the intentional malice, killing in the heat by reasonable of one of sudden passion provocation or in mutual combat. Involuntary contrary manslaughter to the intention unlawful, of a lawful but not act. felonious, is the killing of the parties, act; or, of one accidentally, in the prosecution in the improper of some per ormance ��COMMONWEALTH v. ROACH y INSTRUCTION The Court homicide in Virginia second degree. in the first wealth; instructs is presumed In order degree, and in order that every unlawful in law to be murder to elevate the offense in the to murder the burden of proof is on the Common- to reduce the offense to manslaughter, or to show a justification the accused. the jury or excuse, the burden is upon ��COMMONWEALTH V. ROACH ~ INSTRUCTION The Court "malicious", definition either but evil as applied of murder, express every action unlawful flowing intentionally or implied It on harm. just or excuse. I Malice motive, and hatred denotes done with such circumstances Malice cause It may be not only anger and corrupt with nd used in the sense. motive. of a heart from any deliberate provocation includes attended indication without the word "malice"or is used in a technical from any wicked bent that to the law of homicide and unjustifiable mind and purpose, and deliberately the jury or implied. in them the plain able instructs regardless or excuse. and cruel act an as carry of social means a wrong act an duty done It may be inferred done without reason- ��COMMONWEALTH v. ROACH LL. INSTRUCTION The Court instructs deliberate intention prior and premeditated to kill to the actual some deliberation purpose should the jury killing, exist killing; z to constitute is not necessary for any particular it is only necessary and premeditation at the time of the killing l it that length that given by the accused a willful, that the of time there was to his or at any time previously. ��Commonwealth v. Leroy Roach INSTRUCTIONNO. The Court instructs this case does not raise against innocent remains thereof. the accused, him. enough, as in the trial slightest the trial No mere preponderance of a civil or speculation that beyond any reasonable and to the exclusion essential you must find case, and every and unless distinct of any reasonable not guilty. stage will be enough to be by the evidence against and by implication nor is it doubt, to be continues he may be supposed to the crime charged the defendant of guilt of the evidence by clear, in he is presumed presumption throughout Commonwealth has established element contrary and that the indictment presumption but the jury must be satisfied he is guilty evidence, that is to be presumed or taken against guilty, acts, with the accused by conjecture the jury but on the of· wrongful Nothing the that the and reliable doubt, every the accused, �r r �COMMONWEALTH v. ROACH INSTRUCTION In considering burden of proving Court instructs able" nor its reason, whether the guilt the jury and is not to be confused imaginable, conceivable In passing must limit of this case, therefrom. its a man must be proved proof essential concerning evidence, to find of evidence, from conflicting fact, of the guilt immaterial and nonessential your minds are left from reaching a convinced If, hand, sideration viction on the other of all the evidence of the truth reasonable doubt. nor of guilt. any doubt arising or from questionable fact and not a mere doubt consideration of all of the of doubt as to prevent of the accused, you then the burden. after an impartial in the case, of the charge, doubt, circumstances. of the guilt to meet its to create of the accused in such a state Commonwealth has failed to be drawn be a doubt of a material and honest belief the at the trial inferences in mind that testimony should a reasonable for of the charge, presented inferences should bear to the proof after doubt, beyond every of the proof go beyond such evidence the jury If, or possible and reasonable Furthermore, of any particular the word "reason- guilty to the evidence the natural cannot the doubt. consideration can you go beyond such evidence from lack with imaginable upon the sufficiency The jury doubt, doubt is a doubt which is founded on or possible including beyond reasonable you should not overlook A reasonable the law does not say that jury of the accused that meaning. or not the Commonwealth has met its and reasonable you have an abiding you are then satisfied con- con- beyond all ��COMMONWEALTH v. ROACH INSTRUCTION ( The Court instructs evidence is just provided the circumstances satisfy as legal the jury and just doubt. circumstantial as effective are of such character the minds of the jurors a reasonable that of the defendant's as any other, andfurce guilt as to beyond �l �COMMONWEALTH v. ROACH ff' IN TRUCTION The Court instructs grievous the killing or insulting, the jury that words, do not in any manner excuse of the deceased, John W. Shifflett, however or justify by the defendant. ��Commonwealth v. Leroy Roach INSTRUCTIONNO. If the that Lero, jury believe from the evidence Roach, the defendant, was assaulted without by John W. Shifflett , ,.. ;,,)~ 'v make it~appear to with the defendant in this case on his part fault such violence as to at the time that John W. and was endeavoring to take I Shifflett his manifestly life or do him some great was imminent retreat, force, intended and impending, but had the right and if or prevent necessary his that need be kill receiving it shall bodily then the defendant to stand his harm and that his adversary ground, the danger was not bound to repel to save his great bodily injuries. appear to the jury force with own life And it is not to have been necessary. ��COMMONWEALTH V. ROACH INSTRUCTION( The Court an altercation instructs of mutual and in order to justify the accused must prove wound was given, far as he could through the necessity himself from great ground his to believe own life combat, two things, safety; that where death further as done in self-defense, combat, the mortal and retreated and (2) That he killed his harm, or that the killing or to save himself follows is manslaughter, (1) That before of preserving bodily that the killing such killing he declined with the jury 0 own life there from great the deceased or to save was reasonable was necessary bodily as to preserve harm. �r- �COMMONWEALTH V. ROACH INSTRUCTION The Court to intend that instructs ;/ the jury that a man is taken (lA 1tAI which he does or which is the :bmfflediate~{t 1~te'\~(~consequence of his act. J ��COMMONWEALTH v. ROACH INSTRUCTION The Court instructs witnesses is a question appearance fying, their candor whereof they speak, parties,if and fairness, their the opportunity and from all the jury manner of testi- of their testimony, apparent intelligence of the witnesses of the witness other on the trial, witnesses are more worthy of credit surrounding of the circumstances to determine and what is the relative accordingly. to know to the in the result has the right and to give credit of and from the of the witnesses appearing of any such testimony their and consistency any, the interest the credibility for the jury; the relationship if any appear, that on the stand, the reasonableness or lack of intelligence, trial, exclusively of the witnesses apparent the jury which weight ��Commonwealth v. Leroy Roach INSTRUCTION NO. The Court instructs is that all state of the case which, the evidence, an abiding the evidence guilty after both for the state the mind of the jury feel the jury in the case, of the charge amounting that alleged a full that they of the defendant, Leroy Roach, as alleged then the Court instructs cannot leaves say they from If the jury of the jury of the guilt in the indictment, from all you that of Leroy Roach, is in the indictment. or if the conviction the defendant. consideration the defendant, does not amount to a moral certainty doubt to a moral certainty has such a doubt, the case, a reasonable and the defendant, in the condition conviction, that the evidence you should in acquit �r r �Commonwealth v. Leroy Roach INSTRUvTIONNO. The Court111in~tructs 1t1,r;. cl(> .,. be convicted o'l\. intended to kill the deceased, the j½.rry that ;; *r charged or maim or disable John W. Shifflett,in unless the defendant you believe or disfigure this case. cannot that permanently he ��Commonwealth v. Leroy Roach INSTRUCTION NO. The Court instructs reasonable may be guilty, his and find murder in the first him guilty they him guilty if they have reasonable doubt doubt degree as to whether +qr tr r if they have a II J as to whether or second degree, they should ~ ~ r/ O 'Ao resolve of which the that doubt of the lower grade. he is guilty If they have a ~easonable r shall in the second degree. or manslaughter, VO IL<n jury that doubt as to the grade of offense defendant favor the in To illustrate, he is guilty they of should find If they have reasonable of murder in the second degree find him guilty of manslaughter. doubt as to whether he is guilty of m nslaughter --0r>-s· s&auU, they should find him guilty of 11; ;,,0,luodn~ 1.>lnn../.'A:u +e~ s-i:fflp-Jie-a~li--1-t. If th y have reasonable doubt as to whether he be guilty at all, they must resolve defendant and acquit him. that doubt in favor of the �r, • r ,.., r, f � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Leroy Roach Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder, verdict of involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_003 Roach