84 20 4487 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_001_commonwealth-v-maynard-spencer-crawford.pdf b67e11dc95a73d6953aabde5abb85080 PDF Text Text 'STAT'., 0 vIRGJEI(, COu1'T'.::1Y OP R OC.[IImE:~. , to-Hit: Il, r_::i--r; C IHC"C"IT C0UnT 0:::7SAJD CUUNTY: T11e pr and for t:ie the Circuit upon peace and the 1 about kill of Com t of their on or die oody jurors of County of -"Ockinr,hru;1 sa:ld oaths do pres the ~lth day and nurder one dir;ni ty o~ the This indictment the 0ta te County, nt o at its of Vir Court and (Jack) sent Septembei..,, .urust 1900, .1'homas Clarence Cor.nom:eal is the and Ter-·,1, 1950, t)1.at I AY1JA_rn S?EHC:=~1 CHA'.;--;iorn, found rrand jury in said County, {eed.y ar:;ajnst the the o· th. uuon h.eedy- and B. L. hiser, before in and noH attendinrr ,q,.,,,,0 7rlv1?r?"'Iµ Cl..,rence in.L '3., 11 to tostir. 1 ony 7?~Z>c Ylitnessos S\"lorn in ,::,;ivo evidence. �/ -----\ / I c o:rn:1 on:rnALTH V • 'r Term, 1 ETDIC 1111:i.~N'l Heedy 1rRtO'f.:>e- (Jack) Poreman 1950 MAYNARD SPENCER CPN:;'FORD August bill: FELillIT A true .. l'l'l'!ESSES: Clarence ~E B. L . .r(isor T ffV'l'?Mfll\/ Georr.e D. Conrad Commonvrealth 1 s !\.ttorney �!Ji7 • {<& ck cf 1/rd If- )?;°?n.ud l9u·o ~eu ! ~ r ~~~ /%~ ~ . C£t1~ {?eazst ~~ ~ , ~df J_e~d (11AU-1 ~s~>n~ -zAe-.~7~ev ?fi.d1!RdUe4~~=. �\ ' w I ' �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA COMMOIDVEAL TH ) ) CHARGETO JURY v. ) ) MAYNARD SPENCERCRAWFORD ) If you f nd the murder, as charged mitted in the ·with malice penitentiary his for it the at confinement than twenty without less in the second malice for in the twenty in the years. indictment, aforethought, degree, in the penitentiary deliberate in the first than as charged of murder was com- was v1illful, and premeditated, but that then you will and fix not less his than f:lnd punishment five nor more years. him not in the second guilty on reasonable for he killed or implied, or in mutual manslaughter ment in the penitentiary in the first but that actual provocation, of voluntary of murder degree, malj_ce aforethoue;ht, guilty with guilty or by confinement of murder, deliberate If you find of murder death, the of murder any term not same was committed of murder it him guilty at or for him guilty was not willful, him guilty find Crav1f ord, and that and that punishment life, If you find and that indictment, you will and fix Maynard Spencer aforethought, and premeditated, degree accused, combat, and fix not less his than degree, nor Thomas Reedy 1,,1.ponsudden heat, you v1ill find punishment him at confine- one nor more than five years. If you find of murder find fix in the him guilty his than him not guilty of murder second nor of voluntary degree, of involuntary punishment fine of not jail not exceeding exceeding If you find manslaughter, at confinement one nor more than five in the years, one thousand one year, in the first or, him not guilty, you will manslaughter, you will penitentiary but for not less by a or by confinement such fine nor say so and in your discretion, dollars, or by both degree, in and imprisonment. say so and no more. ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMM ONVVEALTH v. MAYNARD SPENCER CRAWFORD BILL OF PARTICULARS Comes now the Attorney October, 1950, and for :Maynard Spencer murder to prove residence of Thomas Clarence that on the of the said of 5 P.M. and 8 P.M., mortally the said the same hours at its Reedy, says the said the head, that Thomas Clarence Reedy died at such place in Rockingham him for at or near between the Reedy with County, shot and a shotgun, from which same date the the hours Crawford arms and chest, on the against Term, 1950, 1950, Maynard Spencer neck, against the Commonwealth expects Crawford Thomas Clarence face, returned August 9th day of September, wounded the said in and about Court Maynard Spencer day of of the charge upon an indictment of this d z:-- Commonwealth this the particulars Crawford by the Grand Jury :for the wounds and between Virginia. �i- _,_ V- -~-A~hi- -.,;:/~ ~~\erk OCT4 1950 Filed\n the C1erk'sOffice Rockingham County,Va. ~ _:~7~11 c;JA. __,£ ~ '-'Y'"v' {1/J~A~~ ~ ~~~· _. I I �and acknowledged themselves to be indebted to the Commonwealth of Virginia each in the sum of.................. ~.~2.. ....... V. .................................................................-::-: ........Dollars, to be levied o,f their respective goods and chattels, lands and tenements, for the use of the Commonwealth of Virginia rendered, and they each severnlly waived their homestead exemption to their recognizance; yet upon this condition : That if the //,~~c..r.~~--t-t"' . ...... ~ ................ shall personally appear before the of said County, on the .....J...~ .... day /J1· ................................. 1'.@'w tbeteo£, ~1~ ........................ da,y of ...................................................... , . J . ,t C of Rockingham County, at the Courthouse T na 1 ust1ce S ourt c;J....(JJ. or of ~.1/.U0. 19........, 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 ......~.~:~(¥.eof a certain ......~r#-:· the said.~···;· ....................... . ~..............stands ...... charged, and be bound under said recognizance until the charge is finally disposed of or until it is declare~ void by order of a competent court, then the above recognizance shall be null- and void; otherwise to remain in full force and effect. WHEREOF, 1 hereunto affix my signature this .......... /~ ..............., 1~JJ ... .............day 0£.................................... ��t~~ Docket No. _ -eL Fi,..,£ ( J COMMONWEALTH P,.:;T;t: ti(~ ~ I ~ of VIRGINIA ) vs. ) Felony ) (murder) #1 MAYNARD SPENCERCRAWFORD Henry C. Clark ( X) Own • v9",?r- fl' l,,:to...,_, Appointed ( p. d. ) CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. I . ...1 , ~ r~,,,-~ ��I!IS'J.1RUCT::i:01J NO • If the shot the <Ylfnjer iti should deceased c/e-,t ,H, "/ danger, ~ facts jury under Cr of believe a reasonable ;;r~1tl he wa.g in a.,... that from the evidence that the accused /Je w~..t ,,,., //77,,, ,n ~ ,,+ that h 1 a own life was belief .i,,tl',/y lt~r-, er./- -h,e ef S8:::>ion"' dan,:::er ht!Tnol,- 79odily 'l tYeqt!! 111 ✓~/ ~e ha.pp;i, es too appear~"".f to hi~ at the time,~ J?nt/ 'fl.tt./ J'14cJ., 11/,0,.,t,,,/ W,tJr"t:R,J-,,,atlr Ad~J./-r/ +ii thj,.,,/ h,,-J'~I/- .jro,.,~ "'-~/'•",,,./Was excusable in so doing, thoufP sucn dancer was unreal. The . and circumstances question for the life of the the the accused, in this deceased case is not whether nig.11.t have been safely in the circu.~stances he was placed, that jury reasonably as reasonably of a:itation appeared he was in such circur.1stances), and did believe death serious of the bodily ;ej-9- it necessary assailant, harn. Mli ~-h as he did, to save his takin~ avoided, of but whether and peril in which the believe mig..½.t reasonaoly to shoot in order to hL~ (if the jury have believed resul tin.:::; in the ovm life or avoid ��f;l . I • - ~.J1:.h.U1.1~'LU~, The court bt1rden is uefense 1 instructs on the the defendant the the prisoner jury that to prove Jo~.onwealth, if gui:ty every beyond it in t'Le case that mi »s~ m»ze~t:J;l:6-"=tz,t'.LPtl relieves _v. reasonable reasonable hypothesis, does not so prove the prisoner i::;uilty must find exclusion the defend.ant yet of every this do~bt, reasonable not ;uilty. 8.I ~ - s;./7 f ~ JI/v, I J- /4 tJ- I in self- from provin~ and to the and. if the beyond every the in no '.Vise a conviction, e.x:clu.sion of every doubt and to the he was acting &:i::$J ,~ seeks on trial Jo1,rrnonwealth rec3.sonable hypothesis, then you ��INSTRUCTIONNO. The court jury are witnesses the authorized if any, in the result if any has been shown; intelliJence, that, in determinine.; of different to consider to the parties, apparent jury to the testimony given the tells if witnesses of this case, their demeanor is proved; their as under witnesses seem to oe entitled to. jury evidence and unfriendly scanned with caution. of hostile their all The court interest, feeling, testifyin,'.J;; means of information; t to such witnesses case, of the te~per, while such cred that in this the relationship the sa~e and their the weie;ht or bias, their and to give the circumstances further witnesses instructs should such the be ��the court committed, and. it ~rud 6 e existin~ homic·Qe the there d.efend.E;nt, by such instructs appears betveen then offense that the to killing the the 11a thc..1t ,.rhere a homicide the but provocation law presumes it evid.ence p&rties, and not nurd.er, jury frori vas a fresh provocation the the s because of the that 6 iven that due to the devolves that the by the old grud~e; c.S time of the deceased to ,as caused. and to elevate Jo,i1111on:ealth to c::rud.ge. been an old 11as sue h ~i llin=> por, the old at ther3 . sho1vv ��INSTRUCTIONNO. --- The court confl instructs ct in the evidence tendins to establish Faynard Crawford, a p rt 1 entertain the duty of the evidence, theory that case is in favor in arrivin and conclusion if they doubt is find on any fact or innocence of which a reasonabe jury jury in this the guilt Commonwealth and a part should the is a or circu:r:1stance of the defendant, in favor of the there of the defendant, as to which 0 at the r verdict most favorable theory of the and the is true, to adopt then the to the accused. jury it is ��INSTRUCTICNNO. The court der_;ree the able douot, must have of the ev;.dence that been distinctly must have also kill the of which he deceased, occasion first be death. at the death, they ncited what t i.n1e of he wille ted, murder to And if ~odily ou_?'.l-1tnot the and 'oodily there killin,.. act on the killin 0 the intended injury, to find of the part :>ris oner to do; the probable doubt to kill would he t:1a t he would be a reasonable which first ::my reason- the and premeditated injury, in the oeyond and :)rerrredi ta ted and deliberated, or do him some serous degree. only or do him some serious would constitute and prerieditatcd and de l.ibera had willed, his to )rove, was not words, understood reflected deceased, that deliberate, in other have jury (~Ma~.}Otl,>\~ prisoner a wilful, must vrhether the must the .L)r soner; result f instructs the probably him ___;ullty of m·J.rder in the ��INSTTLJCTIOU The jury innocent until are and unless beyond every is not a mere form, reasonable is an essent in this this fendant the unless guilt, instructs they feel ~risoner thereof. N jury throu 0hout --- the defendant is established and that this tre jury compelled to find beyond this entire all reasonable presumption trial, jury of innocence at pleasure, but on the and to acquit case, and applies as charsed, The court of innocence stage by them of further :;oes vli th the to every in the de- convincing doubt. it jury to e;ive the defendant hi~ 0uilty, in this to be by the evidence and bindins of the presumption, and the evidence that land, of the is presumed presumption by the law of the the duty benefit as chareed, the guilt doubt, is the law of the land, his his of the and it full that to be disregarded al part case; case instructed, NO. ��Comp. Form 18 l STATE OF VIRGINIA COUNTY • ?,- ·/ ' ~-;-j> To-Wit: No. 6144 A OF_--'p+,HOtic~k~~±n~g~hTI_ru~m*-------f TO ANY SHERIFF Whereas, Justice OR POLICE OFFICER: B. L. Kiser, Gou.rt Deputy, Sheriff of the said County, that....--~M=aa,yn1-==ar=--...,dc=.._-=S ... Pc-=e~n=c~e=r __ _ (Title) __ __:C:...::r:.....=av=y-=fc....:o=r'-d=____________________________ 9th did on the kill of day 0 t,__-'S=---e=---p~t_;ce=m=b-'e:...Cr'--------, 19 50 : Unlawfully and mu.rder the in the said County Thomas Commonweal th Clarence Reedy against the and feldmiously peace and dipnity of 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 --------------- □ ---------------□ as witnesses. Given under my hand and seal, this 191th (Seal) �STATE OF VIRGINIA-COUNTY OF ----------------------~ to-wit: Trial Justice Justice of the Peace I. 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 a,nd chattels, la.nds, 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~-------------------, 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, ~ (i 0 .... "' "rj < ll>G ~- ~ "' ~ ~- ::s r, i:i. ... ::rr, ~ Ill !" "'"O (> 0 ~ r, c.... Ill p. ::s a >4 ~ §. O'Q ' ~ -· g g, ;. r, Ii 5· I-+) ; ;. .., IJQ -" .... ::t> - ~ >-3 0 g ::s ,. 8 80 >-3 0 .... e. ::s ~ ,. (i e. 0 .... ;. "' "' :> .... ... 0 ., ::s ,. '< CJ) s:: 8 80 ::, 5· IJQ ~ s,. ,."'"' § ,.s., "' > .... ,..... ._ ~ .., ,.,. P> ::s i::i. ::s ti) ::, P> ., 0.. P> n,. 0 0.. (i ;. ... ;,;- :> .., ~ ;. ... r, ... "' Ill ~ t:c ~ >-3 ... E ~ Ill ., ., ~ ... Ill 6"'- &\ > :;o ~ z l1j > t"' ~ >-3 :::e i:,. Ill s:: 0.. 0r, Ill ~ ~ '< IJQ IJQ "O r, F F e. '< ~ ~ g, ;:;· 5· 0 ;:;· Ill 5· "O "O r, .., Ill r::T r, 0 r, ..... ... .y; ;. r, I( "' ... ~ C, ~ C) 0 >-3 ::rr, ..... ~ ,. ..... °' .i=-.i=-II> '< g, >-3 ., (') en ~ en - c.-, 0 .;· y:: 0 C. ~ 0 p. ::, ·~~ "rj g, .., ::s 0 11 0. 0 ~ 0 a: z a: p 0 ::, (i :;i,:: t,,l (') :;o tI1 rn !. Ill (') ~ 0 ::r- 0 > z CD i:, ~ (> t1 ~ > :;o :;o .... (i .-,-· s::;:; "'s:: 0 ::s IJQ ~•::.· ,. !. ;. ... s,. "' ,. "' ~ (i 0 "' ~ ,. .... .,,. 0 ,...; ~ s:: ., " 0 0 £. 0 ~ 5· r (i 0 s:: ... :.< ::s - (> 0 IJQ e. ,. N 0.. �C C 1. . i .... 00 2 • L .. Cor Ce n L. 1 ol o. ol on Do • son" , �e �( v- 3L I 4 1/ ,ez;s;cpar =jrv '--r(.l ,, /. 71:I I I , r1 , ?t I.I - ,:;,1 I a V'I ' .... t ~ ,...; 1.ltl't d11 ~ .:2 , 'l ~ /) J/2- ,... , ~ , < t/ r' c, 7 <L /: " ::< ><-V t ·iP J.,tf'1_11. -2-i// r' ...,,l/4-7/1 J'tL /4, t-. ,. - v(:zI I ' L 2 I /'/ ~ ; ;st , ..,. ;1 .-. .......<.. �- ~~ .,,. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ................... ........................................................................................ :::::::::::::::::::::::::::::::::::::::::::::::::::i:::::c;.::::"'j(~:::: I who stands charged with and indicted for a felony 11,isdc,,ic,mB,. And this you shall not omit under penalty of £100. Witness, J. ROBERT SWIT~ d,y of ••••••~- •••• 19. And have then and there this Writ. Clerk of our said.j2:.!,: at the Court House, the tf~d m th,/1~,,;t:::;~ ;t::/!,J /.1,........... . ' Cleek �EXECUTEDu-a- {u IN THE COUNTYQi, ROCKINGHAM BY DELIVERING A TRUE COPY OF THEWITHIN ./4 ,U,-I--~ TO lb.($' «<fy;,14 /4f @d IN PERSON. uun Ci:.,2Pkk2 J4ffl.e If, .If 4 /fy.. /4 /4/¥,4v <tf7r45. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ..............Mc;1:r.g?,r.$.t ...Kyg~;r. ................................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ~ say in on the ).,$.t.tlay behalf of the Defendant of........0.9..°t9P.~r., .............19 50 to te;tify and the trnth to in the prosecution of the Commonwealth against....................................... . ........................................................ Maynar.d ...S.....C.r.awf.ord ............................................................. . who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .....J.$!.t;;h. ....... day of ....0.C.t.obe.r,,........19 . .5.0.,and in the 1. the Comm . ... ...... ... alth .. . .......... . ......., Clerk �EXECUTED/()-If-~ ' THE COUNTYOr �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded to summon ............. Dr .•. Gilb.e.r.t..W. to 'JJJ:!:I._ t~tore Greeting: .......................... . the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ~~' say in .... Ro.ls.t.on County, on the.J$.th/ay behalf of the Defendant of. . ....0.G.t.o..qe.:r.., .............. 19.. 5.Qt~ testify and the truth to in the prosecution of the Commonwealth against....................................... . ..................................................M.~.Y.~:r. g...S...•....Q.r?:\IV.r.9.:r.ci............................................................ . who stands charged with and indicted for a felony ~~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .......J..$.t.P.: .... day of ······OG.t.o.b.e.r., .....19.5.0., and in the l?t.'1ar j:je Commo;~e~. 11 ··)l/7·~r.~, , -I--. Clerk �BXECUTED/f•Jf:.pgrN THE coUNirY o I ROCKINGHAM BY DELIVERING A,TRUE -COPY OF THE WITHIN ..J,~ -1&1 T0 Afht: .. IN PERSON. Lo ~k ~ cL4 6ttA:~ Ulm 4!t?Pk ~4+vc:, c6..£~4c41 •• J~{i-~ �In the Name of the Commonwealth of Virginia:· To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ...................... J ....... S.eldon ...Do.ve......and ....Mar..gar..et. ..... ......................................................................................................................................................... . . ' .......... l{:yger ............................. . ······························-·--·--·······--------------------······•·············-·-----·············-·············-·····-··························································································· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at-it~5clock, p~.on the. ...16.thday oL ............ .Oc.t.ob.er............................................................. 19...5O., to testify and the truth to say in behalf of the Commonwealth against. ........................................................ . .............................................. MAYNARD....SPENCER....CRAWF.ORD ................................................................................ . who stands charged with and indicted for a felony Fl'\H,Q6meQ~. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,-:J,...R.~:f~I,:f~~u_p_.il-_-o£a~~a.i.'1C->w1:t, day of... ....O.c.t.ob.er ............... , 19..5.0 ..., and in the 17.:-:r..bet-.h-~ TPUt SERVIC£ Plk..ESS, HARlllSONBURG 0 VA. at the Court House, the ....12th- .. �COMMONWEALTH )°'· ' V. ) Witness Subpoem ..) l) :l MAYNARD SPENCER CRAWFORD To October 16, 1950 at 10:00 a.m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are h~reby commanded to summon ........Clar.enc.e ..... (..Jack). ...R.ee.dy..,. ....Thurman. ........ . .............. Re.:x:r.o.de ..,.....c .•....Ke.nne.th ...Ray..,....Beul.ah. ..R.ay.,....Charles ...R.ay, ....and ........ . ............... Mr.s..•..... C.or.a..... (.Thoma.$..} ....Re..e..o: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 thel.6.th ..day oL .......... Oc.t.ob.e.r..................................................... . ..19....50., to testify and the truth to say in behalf of the Commonwealth against ..................... . ..................... MAYNARD ....S.PE.N.C.E.R. ...C.RAWF.ORD .......................................................................................... . who stands charged with and indicted for a felony ~~Hfrltit. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, fi}R~HR:--r~~'fff~~Bt~~l.-~1'1-<E~u; day oL..O.c.t.ober TKR SERVICE PRESS, at the Court House, the ....10.th ... .................. , 19 ..50 .., and in the 17.4.th year of the Commonwealth. HARRUONBUa.G, VA.. �In person, copy of this -~--tor-.H«Md1k £.fJ~i',AoL.:C-..c:!::~:!41~-- true •n hAI". ~ #c {~ i /(.t• 8, Ii C,'1 <O • &this g. I,! ~ ~' 't: !&!:t!f+ lCzW ~ ::r:: ► ! 0 ~ .. lkefl. a U8Uei.l i::s Ill (l) 0 '"d (/.I · by delivering t:j ~~ @ t)l CJ.l (l) i::s ct I-'• :§: ~ ;::,. being a member of the pw_rport thereof ✓ ;3 0 • Ill 0 .. 0 I-' at eal<1/1 rtttf;ff d-d 1-"'d (/.l t:j ~ • ;- c::::: 0 0 ,, Vpl"~ <<W, 0 t:rj I-' 0 I-' • ~ ~ •• 0) 0 ~ §. (I) g. ct () 0 0 1-3 µ,,HM&a&. ,J,,,Wr~ '4,. .-11/tO / A:;,..◄<z( !-! ~lace of abode, Executed ,,(ot finding ,~.,_,,.~, to ~Ut,¢:f&ff.«.I ,\usual place of abode. ..r~•~~ : his family above the 8§4Y>f I~ years, and e~laininl ~ 0 r~ ~ .. -~h In person. 1 f v -o summon t f// ~ ,t the within .,(ecu.cee; / Q/ �• In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham • You are hereby commanded County, Greeting: to summon ....!.'." ... B .•....L ......Ki.s.er. .•... Dr .•... ]1.•....L •.... By.er..s., ........... . ............ !:-..A .•....L .•.... S.trawder.man •....and ...P.oliceman .... G.•.... w......Jo.seph ................................... . 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..1.6th.day oL ................... Oc.tober ....................................................... 19..50.., to testify and the truth to say in behalf of the Commonwealth against ......................................................... . .......................... MA.YNARD. ...S.PENCER ....CRAWF.QRD ......·························································································· who stands charged with and indicted for a felony"Pl'l'i!deffleane~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,".f .-RGB-EIFF-&~l=~ ~~&f~.,.~~ day of... ......Oc.t.ob.e.r. .............. , 195.0....., and in t TPIB SERVICE PkESS, HA.llllJSON8UJI.G• VA, at the Court House, the ..l.Oth ...... �• COMMONWEALTH V. ) Witness Subpoena MAYNARD SPENCER • CRAWFORD .To October 16, 1950 at 10:00 a.m. r ~ ! I I I l .. I I j ' 0 E-t H �Commonwealth of Virginia: To the Sheriff You are hereby commanded to s1tmmon.................. . of Rockingham .D County, Greeting: a ............................................ . 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.B.tb. .....day of ......... '.l;l.P.:t.ornb. r......................................... 195.0 ...., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY .................... .. ~ .. .......................................... ~J.:rw .. t. ........ r9., .. ~ .9'...?.P.e.n.c.e.r. ...Cr.aw.f.or................................... .. who stands charged with a felony -mis-demetme,; And this you shall not omit under penalty of £100. -J.R9BB-&'J:..-SW/.."fZT!,R.,(;;~9{~-,..-u»J,..~, day of ..~.~D..t~.mP.G.:r. ........ 19.5.O.., and in the ...l.74t Witness, THE SERVICE PRESS, HARRISONBU!lG, VA. And have then and there this Writ. at the Court House, the ..28.t.b.......... . �Commonweal th v. ) Grand Jury Surnnons - .- ...aynara - <.:: '-'pencer Crawford To September at 2S, 9 :30 A .• 195( �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ....CJ.~.r.Jin~.$ .. '.'.J.~.G.~. 11 ...R$e.4Y.i....G.9.r.~ ...Re.e.¢1..Y., ..... 1 ...1'.l?-.u. !P?.-.~ci ...."F..~ ~r~.ci.~.,.....G.l?-.~ t ~ i.~....~.~.Y..1... '.'.~ !_().1i"!!J.e...'....~J~k..P..a..~.rt .<?.~ ..t....Y.✓ ?.-.r~.e. .r Kir~patrick, Genevieve Crawford, James Shifflett, Hinton ····•••··••••••••·••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ...Co.n+gY.,. ....tt.~Y.~.~ ...®J.t.r.rm.@...~n4.... P..r.! ....r..~ ....r,....... ~Y.e.:r.~ ..... V.................................... . to appear before the Judge of the Circuit Comt of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the ..1..6.t!rlay of. ........O.G.t.QJ;:>~:r. ................... 19.5.O.. to testify and the truth to say in behalf of the Defendant in the prosecution of the Commonwealth against....................................... . ........... ¥.?.-.~.a..~.~ ....~.:....~.ta..~.f.<?..~~····················· ···················································································· who stands charged with and indicted for a felony m~imoo'Y-. And this you shall not omit ttnder penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ......~.2..~.~······· day of ••••o.c.t.o.b.e.r •••••••••• i,50, ,ml m th, l75+J:,,:,;;:tJiT¢ ' Cl"k .J �~ ' 't orabode; ,~~ £/ .. -~- '1-r.:L~ said~ 6 /8 ~- ~~ 4~;,~ s ~ N. explaining a J~~ .•~L~-----············· r ' s-:~- ~. a member qf the purport tharAr." ~~ being In person,tat usual place of abode. ~his family above the age or 16 ,.....,,md ►n her. hM ~ r '°"' at his USUC$.l ,rur, by delivering s~,i ~s:£.e. Pf B, J ~~ L i.y ae11venng" ~ ~ y 7 :f"t} 14+w,;,,,7: /,//;IL, ~of~A Executed I() / 1 ~ J :;-6 true oopy of thls~.to ,.taoe Net finding .• L1/'a,f •~a.,c,y- -Aecuu,'1 ., " �In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon .... .......W.....C ......Bi.ckers of Rockingham County, Greeting: ........................................................ . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ~!~, say in on the .l.7.tblay behalf of the Defendant ··················· .. ················ ..~~Y?~.t~ of. .......O.c.t.ob.er............ 19...50 to testify and the truth to in the prosecution of the Commonwealth against....................................... . ....~.~.... 9..~?:~t~.r.c:l ............................................................... . 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.7.t.4 ..... day of ......0.G.tO.O.e.r. ........195.0., and in the 1 ar. a the Co k �EXECUTEDJ~i2::.£Q.IN THE COUNT':i'.lu ROCKINGHAM BY DELIVERINGA TRUE COPY OF THE WITHIN~ TO _u}_ , A B,_&let.442 IN PERSON. £lint fi2 lr4a4, ;dlhaa. llf~.fAuck rf&r/e-'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 Maynard Spencer Crawford 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 1950 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_001 Crawford https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_008_commonwealth-v-mcchesney-smith.pdf 93d521a5ef5f1b82a286e52da7502759 PDF Text Text n.s C0MM0N\VEALTH v. McCHESNEY Eelony SI✓-iITH (rape) ~/ '). I I �. j~ /r<- ) i-f:::::J_ ?, 3 Y"- I/,,.._t,..l . tf. ~ .,_.,,__, j h ~ 7 1IY ;,.,..I@ R C, b /4 l k I/ti .'J 7 ( ~ ~ b~Li tau-y II ~ Iv}~ //,II fl-'; t �COMMONWEALTH vs.~IU?t:, DESCRIPTION ~ OF PRISONER Last known address------------~~-'}(_~---------------------------------------Color_ ___lv-t __..,,,. Height_ __J--:-_-:-_/:--/ Eyes_Jlv_-::_____ Hair__~--- Weighc(_J.~----- Marks~-------------------------------·---------------------------------------------------------------------- LJ_7-_ ____ ____ Age ______ Date of Trial_ ___ _ Occupation ___}_~ ____________ ..__________________________________ _ }IJ~ / _b - / '/ '1 3 ___________________________________________________ •_________ Result _____________________________________________________________________________________________________ _ ��INSTRUCTION_J__ The Court instructs dict in this other facts witnesses, in the case. case, they may consider and circumstances their the jury relationship that, in arriving in connection of the case, to the parties, at their with all the the demeanor of the and their interest ver- �r OL.D ·•'"e £ij 'It " c-f'4 ... r -n.t J r IJ 0 • -:t.e ,..~ 0') t f. .u f'_ n tea.c:> .I v .to.t .;.'> ;t 'l:o t ;t n.t ,e 00 j 1,, .., j' �INSTRUCTION The Court instructs the crime of rape by the male genital as any other is all that fact there the jury that must be penetration organ, and that in the case, is necessary. /4 this in order to constitute of the female organ must be proved but any penetration, the same however slight, �()' . .t • 11 rI er.rr .. 0 .r e .t ' "" col.ta-:. I " ...1 r . e.i:Ii:t :t d ;t ~: 9VO':f "l. .t .... ) ,., I ·T f:IT' ,,_ j' r -I' ~. !t~r •' ,... r· .. h1 r 'r .a - ,. '! 1'· el ....e::ti. t<i 0 t li . t ,.....-JJ,.. f ) j . 0 .t js.J:t . " ~ r _,. .. !'"of- ....l ...,.I. �_/3 ____ INSTRUCTIONNO. The Court person instructs charged with has established reasonable that dougt guilt there as to his and goes with and applies at every connection sufficient ture, his guilt that the accused, or that fuss been proved of innocence terms still thereof applies, unti 1 the through until every Commonwealth so clear presumption is instructed and jury no is an abiding the entire repelled that case by proof. it theory by preponderance of the testimony than his innocence; reasonable for doubt in the indictment, and they must acquit And is never upon speculative beyond all as charged law presumes so strong, This the accused jury is more probable and narrow the in the minds of the guilt. stage the may be guilty, guilt that by evidence is left presumption in this jury crime to be innocent his so conclusive the or conjec- until in the his precise the presumption him. ��TRIAL JUSTICE COURT __ C_RI_M_I_NAL __ S-'-/_/e,sDOCl{ET NO. ~ COlfil1I0NWEAL TH V.) McCHESNEY SMITH 2/25/43 GRANDJURY ��Witness 18 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 Florence Washington and Green ___ Williams in the pending case of __ v. __ H_a_r_r_i_s_o_n_b_ur__,g"'-L,-----'V---'i---'r'--'g""'-=i=n=-=i=c ___ _ day of.__ F_e_b_r_u_a_r~y~----, of that day to give evidence in behalf of ____ 19 43 , at the hour of__ C_o_mm __ o_n_w_e_a_l_t_h ___________________ M_c_C~h~e~s=n=e~y..___S=m==i~t=h~--------------------=-,,..----------2_5_t_h __ _ day of February 2_:_3~0 __ P_._M_. _ _,C"'--o"""mm,,,...,.,,o._.n.._w..,__,,,e""'a .... l"-ct .... h....__ _________ ._________________ Given under my hand this ___ _ _:_:_=-='-=-'-"-'-'-"-=--------------- to appear before the Trial Justice Court of said County, sitting at.__ in said County, on.__ 2_5_t_h ___ of Virginia, to summon _________ , 19 43. tf!}l~ _ �17 Trial Justice Court ------ ....... Docket No. ___ Commonwealth t.., ll i ::::. I Q) : : 's co: ~ j I : :. I I V. { Witness Subpoena ! I I II' Mcchesney Smith I I ! I:: 0 [: Q) 0 ...: < q .,._ _ �In the Name of the Commonwealth :: ;~:a•:'.c~::;'.'.1:1."::,,::•/J?::: of Virginia: C:1u,t.~f.~ock~~.att~eCouttHo~s\!~f: to testify and the truth to say in behalf of the Commonwealth against. .......................................... . ••••••••••• •••• ····························~·.~~-~L··················································_. who stands charged with and indic{ed for a felony RmtlememTO'f. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, day oL J. ROBERT 2~ THE SERVICE PRESS SWITZER, Clerk of our said Court, at the Court House, the ...../~. ,191-1, and in the 160~"" oft~,~~~ ~,-Gletk-_ �,.q ; /~/4 ::;;;~ /~ �Commonwealth of Virginia: You "' d'_L::;;;::;::;:.t?ll_~ hmby comm,nded to ,u,nnwn .. ..... i.:::~::::~~:::::::::::::::::::::::::::::::::::::::::: who stands charged with a felony ~And this you shall not omit under penalty of £ 100. And have then and there this W fo IP................ .. Witness, hR_,OBERT SWITZER, Clerk of our said-i!f:;t, at the Court Ho1tse, the ... d,y of THE SERVICE ,;.,~, PR.£SS, HARRISONBURG, 19 VA. d,~ndin the j~J?. ;r~~' ClMk �~ • ~ ~~ TN THE COUNTYOF ~ ~ ~ ~ '7'-WT+'+-iJ- ~\ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb_ycommanded to summon.............................. ••·······································-··································································· to appear •before the Judge of the C.!J51it,, Court~am Count_y,at the ~ourt House thereof, al 9 :30 o clock, a. m., on the../h .../:1rai; of_........... ·····-······················:······ 19...,?J-ro tesllf.Y and the truth lo sa,Y in behalf of the Defenda%_ii1 the prosec ion of the Com"Jnweal!h ,__agJJn~t ................................................ . ·······································•········•················1/./J. ... ~__./ .............................. ····~················································•····· who stands charged with and indicted for a f elon,Y~r. And this _youshall not omit under penalt_yof £ 100. Witness, ]. ROBERT Paper ~ SWITZER, Cler/~ of our said Com;, at the Court House, the...../..?.-: ......... . da_y af.___ m~--------------- Massanetta And have then and there this Writ. Co. Print 1<Jd'}.aad ;, ~~"f ____ '__ cummaaweelth. FORM NO. 5 Cle,; �ft ~ } '!!.- ' ~ -·:. ~9·r.~_~.-;;:.:_:... _ ~ " ~ EXECOTEO?l«.? £/3IH THE COUNTYOF ROCKINGifAMBY DELTVER,RlGA TRUE coPhOF TO lJ...-1,...\,..~ l~La.,.o IN .,.PERSON. t~y �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~~...~~~· You are hereby commanded to summon .. ~;~,~~~:.:. 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,Wri~ W~OBERT day oL THE SERVICE PRESS SWITZER, Cbk of om said~t, : , 19{.}: and in the at the CounHouse, tk .. /;} :i{:.;t:z::.:J~ • Clerk �• ·1 .8 �In the Name of the Commonwealth of Virginia: To the Sheriff ~ You are hereb:ycommanded to summon...........lJ;t.4- of Rockingham County, Greeting: ~~~~..~/.~¢:&.; ....~:.. ~~••·~~~i,z✓d ·-~;,t;-¢ ......~,,.?-6-/ ....~-.'" :~ ;~:~ar 0,~;::~~ :~e:.~d!: '""..in_b•l••lf.•fum .."'...... 9". 7 ................................................................................... .. :L.t}4..~Wa;~~;~:;t: ...~o:7tl Do'Z!on~n~-~; 0 tht:s~~ur~n;ot:seettrhu~;:o:~ •• ••• who stands charged with and indicted for a felon:y mi£d.Gmeano,. And this :you shall not omit under penalt:y of £100. SWITZER, Witn~RT da:y of.......... Massanetta d}. .......:............. :.......... 19.. Paper Co. Print And have then and there this Writ. Clect of oe, soi~, ./}fl at the Coe,/ Hoese, the.... /~b •:jh•Cammanw,alth. p...;e ..................... d~ ........... , Clerk and in th, FORM NO. 5 �. C, c.: ·! (l) '.:l .t... ,-) 'ti 0 ";- ;) > ··- .... -'1 . . ' I I I I I I 'I l ' .. . w' 1 11¥} ~/(:? .., jJ II : I I I 1 '' ' : I I i § ~Q) Q. .s ~ ') �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ...................................................................... ·-·················•···········•··········································- pear before the Judge of the Circuit Court of Rocki'Jham Count},, at the Court House thereof, the.../.l ....... da:i, of_..... 2J.?..~ • ~n ................. 19..40 to testify and the truth to sa:i, in behalf oi the Defendant in the prosecution of the Commonwealth against ................................................ . ::·=:·:= =:::: @& ~::;t::2f ! := who stands charged with and indicted for a felony misdemeanor. And this :i,ou shall not omit under penalty of £ 100. Witness, da:i, J. ROBERT a/ ••••0,t=4' Massanetta Paper SWITZER, •••••••• 19½./, Co. Print And have then and there this Writ. Clerk of our said Court, at the Court House, the .../.{~ ond ;" th'j.·71±:t::t;:t;r•llh .., Cbt FORM NO. 5 �~-~ 6~ / l.&#?4 COPYOF THE WITHIN~ TO_/&:_ ~ IN PERSON. IV'tiy4 pre RO:)CKINGH~1'BY DELIVERING A TRUE EXECUTED3ff.~bIN THE COUNTY OF �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, ___ L_a_w_r_e_n_c_e_H_._H_o_o_v_e_r _______________ of said County, has this day made complaint and information on oath before me, ---=-J-=•c__::R:..::....:_. -=D_.:;o-"'n=n.:c...e.c_l=l__.,___.'--=--'C'----'l=e.;c....c=-r--,ek'-T. J. or J.P. of the said County, that McChesne on the.__ 1_6_t_h ___ day of Smit=he._ __________________ February , 19 43 _ Did unlawfull , in the said County, and J~:LQ~iousl in and upon one Florence Washington did make an assault, and her, the said Florence Washington by force and arms and against her will, did carnally know and abuse, Commonwealth of Virginia. against These are therefore, in the name of the Commonwealth the peace and dignity of the of Virginia, to command you forthwith to apprehend before the Trial Justice of the said County, the body of the said ___________________ and bring _ Mcchesney Smith __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this __ l=--'--7--"'t-"'h'--------day of __ Memo. of Commonwealth F~e_b_r_u_a_r~------• Witnesses: Name __ F..,_._1 o_r.enc_e_Washingt-On Green Williams 19 43. Address ----- -- -------------- -----ur.idgewat er-,- _VJ.rg.inia " tt �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: and for the County of Rockingham, State of and .................................. . have this day acknowledged Commonwealth themselves indebted dollars of Virginia in the sum which they severally waived their exemption, to the ) as to to be made and levied of their goods and chattels, yet upon this condition: That the said appear before the Trial Justice Court of Rockingham County at .. ............. ........... . ............................................................. , on the ...........day of ................. , 19........., 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 answer the Commonwealth of Virginia concerning the within charge until the satne is finally disposed of, then this recognizance shall be null and void, otherwise to remain in full force and effect. Given under my hand this, the ................ .. , 19 ... . day T. J. or J. P. or Bail Commissioner ._._. ... \ C ID ... ::, 0 u <1) -~ .µ "' ::, ....., cil ~ co z ~ ~ ~ V .µ ..c: ..... Cl cil -< Q) .._.__,._, i:I Cl) Q) ..Q 0 ~ C 0 C 0 ,,; ~ :> ·- <1) ~ t)l) ..C: C ·-.µ ... "' -... ·- ~ ~ 4) A <1) ;.::: 13--g ;:) u v ~ µJ "' t)l) C ·- ~ ... <1) J ~ f 1 "' .:.a ..., ..£l H \ : ~ <1) C 0 > ..a "' ·;:::: 'U 0. ~ u:> ... "' ..... 'U -~ "' ~ "' ~ ~:• : ,'! ~: c::)! ci ~ :tc:i: : \_•: ... ... u"' - ~! ¼ ,:: 1 ~ ~ "' ~~ v ::, µ.. ,-.., t)l) -"' C ~ ·-::, c.,,(I: ~ ~ <l)~J "' ~v u v ~~ ... ~ "'\i - ,: ~ \~ ~"' <1) ~ h'-.t~" ~: ...:.j :~ ~ ~ ~ ~ ~ 'Cv~-t)I) v ,.. ~: ~:: ci!: Qj•: - <1) ::E ::E \)! \.,/ ~~~ ~ l:S 0 ~ ~ ~ u t-- v .... 'U -~·~ f""\ ~ ... "' u ::E l:S 0 ..c: 5 ..... ~ ~,~ ·~, ~ <1) t)l) ~~ ~ ~u ~ ...... °' C ..., cil <1) r"' ~ ~ "' <1) z ~0 > .• -~ "' 'U :: ..0 "' ... ... 0 > 0 C 'U "' 0 .µ ,_,I ~ .µ "' ~ ID :§ ... s u s0 u vi ..0 ... "' ... ,o .µ 0 "' ::,-._._, .µ ._. 11.) u v v ..., v-:;::~·µ.. '<::' ,-:=. ·- ~ ::l ,-.., ro ·- ...... !--< u C "' ..., "' v ~ -< C ·- C o S ~ C: 'U,.c: C ~ ' "' "' v~' u _. C C > "'"' "''U ~C tl v •..-"4 .4-J ov ~ C i:;._. f=..,0 ::,::::,.....,0...,.- U) ~-< u-< "' ~ µ.. .....--t ~ , :'I ~ \ <1) t)l) (,~ -·s ~ "' <1) cil ..., 0 f--< ~ ~ ~ c-\ �-INSTRUCTION / The Court the ofrence gredient instructs of rape, force of the crime; be supposed adequate consideration - circumstances that must be used. and that force in order It is charged the relative of the case, to constitute is a necessary in- must be such as may reasonably to overcome the physical woman upon whom the rape into the jury resistance of the to have been coI11IJ1~tted, taking strength of the parties such as ma~ing outcries and other and giving alarm. �--:tu:tl:tanoo o: ~ -nl ~~eeeeoen b~o n r B jI tsrlj ~~ut erlt ejomJenl .beau ea :t ldBnoeea~ ~.sm ee rloue ed jeum edj gnl:>I.ej o eonetelc be:t;t lrmro ~erl o bna eelj~.eq .nrx.sla nlvl bn.e ~ Isola n scf l10IT:)UHT2UI IJIJJ o~o1 tsrlt rlq erlj eo~o1 ,eqe~ lo oone bns, l~o1uo l~o qB'I e tt vl:tsle~ beeoqq~e ea rI oqu rl:t nolje~eblenoo nl~em ae rloce <e. o srlj ,o o erlj~· ~o ;tnelte~ rlj moo~evo ot ejsupe ev .srl o ... t erl:t lo rl:t ne~:t~ tTuoO erlT 'JO tnl eonstam o~lo �INSTRUCTIO ~ The Court instructs fendant on the evidence ington, alone, althou the jury that of the prosecuting h such evidence whole or ~ay be corroborated defendant and the guilty they may convict beyond all ·ury are instructed 4nly Florence in part, doubt, they may convict they believe from such evidence and the corroborating that the defendant the defendant is guilty has testified . of the prosecutrix, lorence Florence such facts beyond all in direct Vashington, facts and circumstances reasonable contradiction Washington. the the defendant witness, if . from such evidence; of the prosec1ting in the ca~e, in if the jury believe the evidence circumstances Wash- may be uncorroborated reasonable that witness, the de- doubt, o if and apuear, although to the testimon . �-rle.eW eone'Iol~ ni: rl.t ,eeen:tlw anlj.r..roeaoTq erl;t 1o soneblve e;t .S'IO □ O'I'Ioonu ed "ll.BIT eoneblve velied , oneblvs Y.'IIJt erl;t 11 rtoue mo'I1 P,_tne""n 1 .t'I.sq nl 11 ,no.tanlrlarh. eono'IoI'i"' bn.s a;:to.e1 gnl;t.e'!odo~'Ioo ,'I.e aae ee0n je~uo'!lo bn t , no;t nl be;t.sTodo'I'IOO ea ~.em 'Io elorlw ~ln ll.e bno~ed ~;tllu 'I.B j' eeen.t J:w nl;tr:oeeo-ra srl.t bn.e eoneblve a.to.al rloua li ri~ 1 rorf.:tI.e id'cf1.on 8lcf noe.s '! lLe v,no~,.:. ,e;t erlj .rio.r..rarl~.r..ro.d;t I.e , enol.s ,.tduob eidsnoa.ee'I rl.t ;:t • noo v erlj no ;:tn.ebnal rloua 'I •• , ert.t bn.e 'to eone.tlve o'Il evellsd 'i.t ~ :t e~.eo srlt ni a one;temuo~lo finov,ecf "1lti.tL'21el r,;t no.i:;t?lb.s'I:tnoo ;toe-r.1:.6 .1.11.tel rl;t ;tn.sbneleo ;:t!l.ebne'reb erl.:r j.erl.;t .t.tee=t a.ad ;tn.ef:>neleb erU .no:t;sn.trla.si/Teone'Iol'ff xl-r:tuo9eo'Icr erl.t lo �PrisonersReportof Rockingham CountyJail N,me_~j ________________g_~---- __Date Amsted_1/Jl/-5'.:J Date Bailed Out_ ______________________________ Again Placed in Jail_ ______________________________ '/-1-_Race~dngle Male_£'." ____ Female_--,- ___ Age_ /lM'JF~ Home Address __ _______M"ded_~ ___ Divomd ________ -----~______________________ _ Place of Birth ________________________If Foreign Born ____Time in U.S. ______Years ______Months ______ Physical Condition ___________________________ Is Person a Drunkard? ________or Drug Victim? ________ ti'____ Write?_~-- Can Read? __ Occupation~- Offense Committeed_.£~---- City Ordinance ___________________________State ______________Held for Grand Jury __________________ Held for Trial __ ~G/_':f.__.J_____ ____ Sentence _______J_ ~ears ____________Months ____________ Fine ______________ Costs ______________ Time in Jail ____________ Held for Penitentiary ________________ Held as Insane _____________________________ Held for Other Authorities _____________________________ Behavior ____________________________________________ Date of Discharge ____________________________ /7 _4 DESCRIPTION OF PRISONER HeighLJ:' ,'_ l'______ WeighL/1(_ 7- _ ___Colm of Eyes_fl_~ P-~ Colo, of Hai< ~ Teeth Marks _____________________________________Hand Marks ___________________________________ _ Arm Marks _____________________________________Face Marks ______________________________________ Shoulder Marks _________________________________Back Marks _____________________________________ Thigh Marks ____________________________________Knee Marks _____________________________________ Calf of Leg Marks _______________________________Foot Marks ____________________________________ _ Fingers Off ______________________________________ Mole Marks----------------------------- ________ II ;b 1 Neck Marks _____________________________________ Brest Marks _____________________________________~ ~ Left Arm Marks _________________________________ Right Arm Marks _________________________________ Left Leg Marks __________________________________ Right Leg Marks ________________________________ _ Fine After Prisoner at Jail; Amount to State$ ___________ Amount to City$ ____________ Date Reported ---- ____________________________________Deputy and Jailor - - -- -- -- - -- - ______________________________________ Sheriff ��--= ! A· •-'--,/ , ldU.•d~ kt"'- r. -:/:- £ it~ 19~~-~-~ ;/' i '~ \ ( "2 / '~ t- I- ---:; .,,,,,. ' r 1.....1;,-~~,.-,, ef J - • -- ------ ---- ----- -- ------- ��IN THE CIRCUIT COURT OF ROC~{INGHAIYI COUNTY, VIRGINIA CO:MMONWEALTH v. McCHESNEY SMITH ) ) ) } ) If you find as charged CHARGE TO JURY the accused, in the indictment, ment at death, you will or by confinement for any term not less than five If you do not find in the indictment, therein death, charged, or, for life, but find as charged of assault and battery, so and fix his punishment LAWRENCE H. HOOVER ATTORNEY AT LAW HARRISONBURG, VIRGINIA for life, of rape, of attempted than three the accused or as charged rape, as therein or by a fine years. of either but find charged, by confinement at in the penitentiary guilty in the indictment, or by both such fine If you find guilty by confinement as also twelve months, his punish- say so and fix· his punishment in your discretion, rape, of rape, years. or for any term not less attempted dollars, in the penitentiary him guilty then you will guilty say so and fix the accused If you do not find exceeding Mcchesney Smith, in jail rape or him guilty then you will for a period not exceeding five say not hundred and imprisonment. him not guilty, you will say so and no more. �) COMM:O NV!EALTH v. McCHESNEY SMITH Charge to Jury �COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKI GHAM,to-wit: IN THE CIRCUIT COURTOF S ID COUNTY: The grand for jurors the body of the County of Rockingham, Circuit their Court of said County, oaths do present day of February, that teen years, unlawfully to-~it, did ravish and carnally Washington before AT LAW VIRGINIA jury and arms, unlawfully her will years, in violently, and her, the said on the day and year and feloniously and by force, of the Commonwealth of Virginia. is found upon the testimony and Green Williams, the grand to-wit, know, against the peace and dignity This indictment ATTORNEY then and there, in the County aforesaid, against HARRISONBURG, did make an assault; aforesaid, the 16th a female over the age of six- of the age of seventy-two Washington, on or about with force the 1943, upon ebru.ary term, County, Washington, and feloniously Florence at its in and and now attending McChes ey Smith, 1943, in said and upon one Florence LAWRENCE H. HOOVER of the Commonwealth of Virginia, witnesses to give evidence. of Florence sworn in Court and sent �) -RAPE Indictment COMMONWEALTH v. Term, 1943. I ...; t::., McCHESNEY SMITH} - Felony: February Witnesses: 1. Florence Washington 2. Green Williams Lawrence H~ Hoover Commonwealth's Attorney. ., � 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 McChesney Smith 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 1943 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_014_008 Smith https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_012_commonwealth-v-michael-herman-emerson.pdf d0502eabaf7f2aa62ce9d32bf0039530 PDF Text Text COMMONWEALTH v. EMERSON INSTRUCTION The court convict to prove the accused, fail the 0 the burden defendant, he had struck had struck the.jury beyond a reasonable the accident, that instructs the d to stop said Betty Betty at the that before you can is upon the Commonwealth doubt that Emerson, Lou Landes Leu Landes, at the time of knew or was aware and that he then knowing he there aoone of the accident. ~~~¥~~~~~#;~~:tii~~~~~r~~ f/4/_=hf=~~~~~~~~ ��~ ~=, ,. C t --c.-, , z_ ~n-✓,V / -~7 ,,,_, r. 'C I - ---- - ��p}_h - ~ ~~ ~~ ~ ac~ c2AV 1/ttotl_!!__/~ . ,,I ~~ - ��~~-_-----. fj ..---..... �---- ---- -------- -- -------- �I. �---.., . - �COMMONWEALTH v. MICHAEL HERMANEMERSON I INSTRUCT ION The gravamen of the accused or without of the charge from the scene giving succor While knowledge tial element of the have positive but the omission, accused that here being of the accident and aid to the by the accused crime, knowledge this of the tried injury extent of the injury must have been aware, at the time or injury flight stopping injured. does not mean that harm had been done, the without party of the is is an essenhe shall inflicted, of such inflicted. ��COMMOlfWEALTH v. EMERSON INSTRUCTION The Court every his person guilt all able case, at every of the guilty. the law presumes to be innocent presumption through thereof; until in the guilt the entire case, the benefit case, after the jury of the accused essential all is of the and ap- having heard have a reason- upon the whole to prove it beyond of innocence and if, hira in the warrant, the defendant that by the Commonwealth, or as to any fact him not jury crime and this stage of the evidence made against give with the accused doubt the established doubt, goes with plies charged is reasonable instructs the charge their duty to doubt and find ��COMMONWEALTH v. MICHAEL HERMANEMERSON 4f INSTRUCTION In considering burden the of proving Court guilty beyond In passing the jury its case, including the from lack vent after If, sideration viction all bear doubt. of the cannot charge, presented at in- go beyond such concerning a reasonable in mind that fact, proof on the other to of all of the the truth doubt. guilt consideration belief after evidence in the case, of the 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 and honest in such a state doubt or from be a doubt and nonessential a convinced hand, should immaterial left en= any testimony, of the the Commonwealth has failed reasonable or a man must be proved and reasonable from conflicting to the your minds are then should of any particular you from reaching cused, jury essential not a mere doubt evidence, which nor can you go beyond such evidence of evidence proof fact If, The jury word imaginable or possible natural the of guilt. Further1ore, material doubt, with to the evidence the doubt, is a doubt of the proof consideration to create questionable doubt conceivable sufficiency evidence arising not overlook law does not say that to be drawn therefrom. inferences you should A reasonable ferences find beyond reasonable and is not to be confused upon the of this that imaginable, must limit the trial jury for the every Commonwealth has met its of the accused meaning. on reason, doubt, or not the guilt the nor its founded possible the instructs "reasonable" is whether ? ~--- satisfied con- beyond �.. �CO 1M0111NEALTH v. EMERSON INSTRUCTION The Court ·nstructs whether or not the volved in an accident may take into following occurred from that resulting to operate and whether detection. that in determining he had been in- in an injury, his accident, he was attempting to avoid jury knew that consideration which he continued effort accused the alleged accident the actions that you immediately such as the manner his automobile or not to leave it the after appeared scene in the therein an ��COMMONWEALTH v. MICHAEL HERMANID-1ERSON INSTRUCT ION The Court is just as legal provided ter guilt further instructs and may be just the jury as effective that the attending circumstances and force as to satisfy the minds~ beyond reasonable doubt. that circumstantial as direct proven the jury are evidence evidence, of such charac- of the defendant's ��COMM:ONWEALT H v. MICHAELHERMANEMERSON INSfRUCTION-:# The Court the accused, That, Emerson, injuries at the or that or death or as close before you can convict evidence beyond a of the accident, his to a person automobile accused, had struck in an accident to him then the accused the willfully to as conveniently resulting unknown, failed possible, Betty in and that to stop the scene of such or, (2) that, the accused, failed reasonably the time he was involved such knowledge, accident; all that from the knew or was aware that Lou Landes tely jury doubt: (1) at, the you must believe reasonable with instructs (; after having to render appeared circumstances such child learning a reasonable of such accident opportunity such assistance then to a physician, to do so, to said to him to be necessary or injury, injured child at the time, existing, including surgeon, or hospital the for deliberaas under carrying treatment. of ��COMMONWEALTH v. MICHAEL HERMANEMERSON CHARGE TO JURY If you find the accused OY personal injuryA his punishment than one year not less less or, than dea-fk. as charged by: thirty Twenty-five by both of hit in the five Dollars you will penitentiary years; days nor more than such confinement and run driving in the warrant, Confinement nor more than than guilty one year; nor more than in the say so and fix for by confine1ent · not less in jail by a fine Five Thousand penitentiary involving or in jail of not Dollars; and such fine. If you find him not guilty, you will for say so and no more" ��I, Michael Herman Emerson , the accused in the attached warrant, 1n open court, before the Judge of the Circuit Court of Rockingham County, Virginia, do voluntarily waive indictment on the said charge of hit and run, personal injury Given under my hand this 18th day of January , 195__'.L. �n V •' : ,. �S. P. 82 - REV, toanswer 7-18--84 for violating the Improper 7. ./2 Virginia, to wi /~~.....,..-W-4 I hereby promise to appear (Defendant's Vehicle Law}jl Signature at the time and place specified Failure to comply with this summons constitutes a separate ABSTRACTOF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS .JURISDICTION, COUNTY, CITY OR TOWN NAME offense. OF COURT DATE IF DEFENDANT ING- CONVICTED OF SPEED-- d by the Judge or the Clerk of the Court ha?1ng Jurisdiction required by Section 46,-414 of the Code of Virginia of 1950. SIGNATURE OF JUDGE TRAVELED SPEED OR CLERK LICENSE I TITLE SUSPENDED □ YES ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- This abstract Is SPEED PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysi~ are: 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 �to- answer for violating the Motoi: Veh\cle Lawj of Virginia, to wit:• Reckless Driving Improper // I hereby promise to appear (Defendant's Signature / /0 ·, / .:,,./ -,..... (/ •# at the time and place specified above D Speed limit □ Summons required JURISDICTION, ~ L.: 2. Exceeding ,,,,:,. under Title 46---Section 193, Code of Virginia. Failure to comply with this summons constitutes ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT 1 ADDRESS CITY,,,{ D L / .t L ;, ~J,j - ...... •. ~ COUNTY, CITY I PLEA I OR TOWN CONVICTED NAME j:f!-X 1:EIG/ I- HEIG'3 FT. I EYES ' STATE I I OF DATE 1}.,i/,,/.;,ILIJ POLICE LIC,E.'.:'.,SE I ) NO/ ST~ PENALTY ..!.,_______ IMPOSED --j APPEAL TAKEN DvEs IN. L HAIR ,IMO.BORN I YR.BQ.f<N (i CPR. OR CHAUF. offense. OF COURT t----,--,------,~-------,----------+-=~~----1-=D=-.cGc:U..:.IL"-T'-'Y'-=□ ==-:::.~::.;:.:L..:.T..:.Y_,_______________ /CE a separate LICENSE PLATI' ✓ ; , ' This abstract Is fi(ed 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, IF DEFENDANT ING- CONVICTED OF SPEED• TRAVELED SPEED OF JUDGE OR CLERK LICENSE I TITLE SUSPENDED □ YES ONo ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- SIGNATURE: SPEED PERIOD □ I SUSPENDED NO DATE j �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 ·vVrong side of road-not overtaking �(<>mp. For,;:. 18 STATE OF VIRGINIA ~ \ No,,_____ To-Wit: _ Harr:soDburg OF Ci~l TO ANY SHERIFF OR POLICE OFFICER: __,J"-L. =c--".~!-T-"'.D"'-'. s=h,__ ____________________ Whereas, _________ _ has this day madecomplaintand information on oathbeforeme, ___ J_o_h_n_G_r_. _L_e_a_l_rn ________ _ (Name) City Justice of The Peace of the said C~, tha._______________ _ (Title) Rockingham 7___H_e_r_m_. ___________ I_:_i_c_h_a_e_ a_n_E_m_e_r_s_o_n ___________ _.·n tl:Ivsm: County 16th day o,t.__ __ ___.: ..... ro""'v.i.'..,,,e,..m...,b""e"""r~-----· 19---5'6....:Unlawfully a"7.d feloniously did on the while oper::t ting County, and after 3 years no.ce, his of a:e, address, vehicle,{ vehicle r hc1ving struck fail to stop 3t t~e and diq_Lun1~.-wfully t' e p~rent n rn 1d over and· killed oD~:::-otors licer~.se to _oc-te effort...Q-OllS p.i a motor scene number 1for~ntion violr-tion assistance of such the nnd feloniously)fail ~ >igh1.rny :'..r: Rockingha:o one Betty t11:d of s~~d child c io.us a public Lou Larides, accident ~~d re!'.::'..strntion ' or le ve a·:i.d did of section cive q note a of Poeeermbl.e to rer.der 1+6-1°89 his number .;..o "ffielce, ·ail a child of t\,e .2eas L.,no. hle 1950 I Code of Vi::'.:'ginio, -1.gains t t::e peace ar:.d dif:'li ty of t e Commom·reo.lth of Virg:..ni2. These are, therefore,....to command you, in the name of the Commonwealth, to apprehend and bring before the County RockL1g'·1nm Court of ~ County, the body (hlmms) 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. (Seal) JUS'lICB OF PEACE �S 1,TAT~:~;:~,UNff_!'•~1~~--~~~~lil!~~-==~~:-;;, ~ ~ ----f..o=41:l.,'"\: lt=#-4 ia aaMIb to-wit: the Comity aioraaid, State of Virginia, do certify that -----:_-:_-:_-::,-;:_-::,_"].,_...+-,H_,........"t-'-"-_._'-""' _ _,_-'d'-=..._..-£,;......,.,.__PL--,1"""'-...+-¥-~Y--__,,._.._ _____________________ ....._.. ___ _, bne _ thie day each acknowkdaecl themselves indebted ollars tenements to the use of the Commonwealth d _J!:_'J,u~UILL_~~:,£M~lL.k:~~rat-t> ---""""---at -----,.,,,,;,~ or further h for the offe ::d ---:;t;;:=;.::Z!~~_,,...;~~(4..~b-•Virginia, a I/I bfe ore t h e ap!,Sear lfJ day of --1'":c ..ci1rcait /4--County !~ from the ate ereof. Nonappearance shal) Given under my hand, this ~ to const" day of ~X!.r:~t:_ti.~/4 '/-lr. :/?. ~;J_~•~ ~ ----= ,9·~ ~ ..., ~ 0 ... "' "' ~ fur _,.,.~==i..-.-~...._~,,-c::.....::..----,,,;i~~~=..........,""""'-,Jl.ll~IQ,dg~@lllill ttl >< ... ct i~ , 19'4, .,.....:• ____ _ (') r, i:: < 0. ,-+ :r __;· t, ~ 0 > ~ ... .1,1 3 t') ~ t') .., 0 :r z> i:S:, 0 ~ !a. p ... ~ +Ir· .\l ~- ~ f:\. .., 0... ~ '.!! ::s ,, .., ~ ~ (') 0 "' ,-+ "' (') 0 3 30 ::s :I! ,, ~ ;. > ... 0 ., ::, ... '< r.n i:: 3 3 0 ::s :r llQ ~ ;... "' ,, "' ~ ;,, Cl) Cl) ...... (') ;. ~ ., :,;'?j ,, ,, ~ ;. II> llQ ,, > ., ., ,, ~ t:d ~ .., ., §: ~ II> ., ., . ;. :, r, 1' ' ij a ► ➔ :i:: 0. II> 0 !a. n ,, 0. -(;'> ., II> v C 0. II> '< 0 - <: ::;· ~:, <: ::;· ~:, ~ II> F ... 0 II> 'O 'O II> .., ... F - er ... ,-+ '< t:d ~ 0 II> ::, L'il k· ~t 'O ,, :, ~ 0. t4 :;; > ... ,,::, ,-+ (%1 ~ g_ ,, ., :, ~ . i:: II> a:: :z: a:: p > r.n .., ~- t.zJ :z: ~ ~ ,-+ :ii: ➔ 0 '?j I' "' J.R !" ;; ~ ~ Court and at any time or times to which the proceedings may be continued ny proceedings in connection with the charge in this warrant, to answer without the leave of said court, the said obligation to remain in full force ::ec-J.~J.,t-C.......ll'..!!!.L4t-._~~:C.,:::n___c,';f._j~4l-----";f.!'lmt1/d~elk!~;.ed ;;:;~:;.;;~:;o~the 5 to .,,, .., ;. ,, ::r ... 0 - "' !2. n ~ 0 en ➔ en 0 :, ;. 0 ~ 5· ::;· CIQ ~ C: :, '< (') n .C:::;.· !.... ::, ,, Cl) (') 0 ., C: '" 0 '° 1 ... 0 (") 0 ,,"' Cl) ~ ,, ., ... .., r, "0 CIQ ::, e. ~ 0. " ... i:: N �Com v Emerson rame att. for com., accused pursuant to recognizance and by CAR ~ his attorney; II to II (see part Arcused court struck by ('OUnsel, overruled court jury that moved for mistrial the acr·used which motion court Evidence ...... (see out "unlawfully all atta~hed thereto. statemene-of att. bera_use atty. for and exneption sheet 2:x and feloniously", witnesses did not have a permit overruled, in warrant and rlH~xaocxx~xxxxftR __3mended b_y__strikin and exception to exclude At the ~concl11.sion of opening ~counsel, in part ( to ) to take overruled, then moved court rrioved to strike motion in warrant then moved court whihh motion Accused accused, .... for granted. com. a-c:<'"u-sed-,-b ..... y~-~ ram_._had s_ta__ted tQ the to operate motor vehicle, thereto. hereafter). -------I t- i ------ -I + �I l I + + t l \ I +-- �.,. tt ~ C. A r t l (_ �t L -----------4H--------- �.:IF},,, 1,f TRIAL JUSTICE COURT Criminal Docket N<? 22335 A Com'th V. ,JI• "' T• J • t" Appearance Date / 2 - .:!, 'l J- b .c.~. Trial Date ~ - /~- 0-- /tf"'.,--_s-( ~;/.# 1--;r--s-o/ c:i.f11 ��.0 0 T .0 0 T .0 0 T 5 6 6 4 5 5 5 .6 0/ .0 2 .3 0 .4 8 .7 4 .0 4 .6 0 3 .5 0 5 .6 0 6 58 6 .16 3 50 4 5 4 4 4 .4 .7 4. .lt8 20 20 6 .3 0 3 .5 0 4 .4 8 5 .8 8 4 .4 8 3 50 115.36T 5 5 6 4 .04 .6 0 .16 .4 8- 5 ..7 4 4 .4 8 4 20 "20 3 50 u .4 8 A .4 8 3 .5 0 5 5 .8 6 T 115.36 5 5 .8 6 171.22T ��.0 0 T 12.50 1 2 .5 0 3 .so 2 .0 0 1 .0 0 J.7122 5 .5 0 208.22 T ��/1~~hffcL ///. / .e II~£ Hc/fso_; Hu v {r,r,TIIL) :Yft ~. ~/~ESSL£..S 1i 1 1C/s7 - ~ r .11. ; ~/<S, Joli,-/n/C- /'?1<5. Et/;~· K~E.ZLE /1, el1tc L E 7ow~ /lcl!l'woL I }a._. L ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: . You are hereby commanded to summon ...........F.J~ap.1.(]J.:p ..WP..:i,.t.~ ...{Jt..~#J., ....~;r.9.~9:~rn ..Y.,....Va.) to apt~ar before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a? ii.Ji9ctock, a. m., on thet2.~.tP.day of .....F.'.eP.:r.:tl~PY ,. . . .. .. 195.7 . to testify and the truth to say in behalf of the Defendant . . . . .. . . .. . . .. . . . .. ... . . . . . . . . . M. ..... in the prosecution of the Commonwealth against .................................... .. H.~....Em.~.:r.s. .on......................................................................................... . 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 .........?.9J.4 .... day of ...... F.ebruar.y., .. 19.5.7., and in thel..~lst year n~~~~c...~~~~~ ..... lerk ~ I �~AECUT·tt:'li.l!~z-..f.m ·--~ THE COT.JN'rY ·o.. ·: ROCKINGHAM BY DELIVERING A TR COP lg c.-z. • I PER SHERIFF ROCK IN•HAMcourny �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon County, Greeting: .................................................................................................................................. . .............................................. ............SGT......BIRCKHEAD. ................................................. .. k ... .TROOPER...HA.SH. ............................ 2:00 to appear before the Judge P. M. of the Circuit o'clock, x.xix., on the ...28thday Commonwealth of . Court of Rockingham . who stands charged with atte-H'lei-e~e..f8'i-a felony And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, at the Court House ther•eof, at ~.'.IDC .. , 19 57. , to testify and the truth to say in behalf of the February. be-f'8t-e-~1-e-Gr-e.ltd--:ftt-1"", against. County, .MICHAEL .HERMAN ..EMERSON .................................... . mi"'6effi@iHH~r. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �.aECUTED~ff? IN THE COUNTY Ot ROCKINGHAM BY DELI~ERJ>NG A TRUE COPY O THE T IN~---- TO~;t.:.J~~~~----IN P SON. A.L.STRAVvDE MN SHERIF ROCKIGHAMCOUNTY 0 ~ t4 &XECUTED 1 /4-71N THE COUNTY Or ROCKINGHAM BY lJEL~NG COPYOF THEWI'lJHI~2•ra A TRUE , -<t i£££~-~ ~~A.LS I E· A F ROCKINGHAM COUNT! ,, l .. • ' J-:._/; / REct~EO "' FE.B201957 - SHERIFFS ornc... , _ ROCKINGHA, 1 ,~, COUNTY & �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded ....................................................... County, Greeting: to summon -!, ...... MRS.....JOANNE..MICHAEL, ..Ke.ezlet.wwn.,. ...Va.................................................. . .........................MR.S. ..EDIT.H...HEAT.WOLE ....................... '.'......................................................................... .. to appear before the Judge of the Circuit Court of Rockingham P. M. o'clock,:xlXXl., on the .28thday of ..F.ebruary County, .............................................. 2:00 at the Court House ther-eof, at Sc:io:fx . ..., 1957..., to testify and the truth to say in behalf of the against .~ ICHAEL ...HER.MAN ...EMERSON• .......................................................... . Common weal th l:>e~1fr~~, who stands charged with ::ucddl.xottocbdox a felony~~ And this you shall not omit under penalty. \Vitness, CHARLES Harrisonburg, E. EARMAN, And have then and there this Writ. JR., Commonwealth's Virginia, at the Court House, the .15.t.h.of of the Commonwealth Attorney for Rockingham .... Fe.br.uary. ( ;7~ County and the City of . ., 1957 , and in the 181styear ... ~L,-,;;c.,,,~~ Commonwealth's Attorney �~CUTE~ N THE COUNTY Or ROCKINGHAM BY DELIVERING A TRUE COP . OF THE WITHiij,---."9--1....-~~ . STRAWDER SHERIFF ROCKINGHAM COUNTY. �Witness Subpoena Commonw;ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth Mrs. Joanne Michael, to appear before The County 18th day of __ V. the pending 00 Court of said County, sitting case of ___ _ Va. at Harrisonburg, J+-a-n-u-a'""T""ji"'"T---, 19------5--rat the hour of to give evidence in behalf of~_____ 111 K '7letoun, of Virginia to summon ________ Virginia, a,:00 F • in said County, U,......,·~---of on that day __._C .... o..,m ... ' ~---------~------------------ 1 .... ____,,,c ...o,..,raHt... h------------------- Michael Herman Emerson Given under my hand this,___ l.....,2~t-h---day of Dcceriber t¼d k'. :w~A./ 6-56-SM-Garrison , 19-# / .<!½·. ~ Clerk �ocket No. 22334-A Corn•th ~ 2 :::, 0 ( (.) :1!: V. ~ Witness Subpoena < :::c C!J 2 ::ii:: !licb'ieJ ll mi:mm Enerson (.) 0 Cl:, To J n. 18,19S7, at 2:P. M. �,. Jr-~~ y Docket No. v~.w--~ rf~~r~ I"' COMMONWEALTH of VIRGINIA Cc.,,&,~~ . ✓ ~-"'M·~ ) If. ~ ~ y VS. ~~,4-w~ 1 4.,.4, and run) . , ~harles -------------P• ~.,tc.,,~ V (hit MICHAELHERMAN EMERSON )r~mr,~ t Felon~ ) v~~~•~ v 7~~,te.~ V WARRANT ) Own A. Hammer (X ) Appointed d. ( ) 1957 ff)-"~ February 18. Indictment &c. waived· accused arraigned and plea of n.g:; set for trial Feb. 28. ~- 1--f. !?~ ~- ,.,_,,. 9/,117 ~0~ C 3, -() 1~.1//~i~Y--f /ll . "J ~-~ )' 9' ...,- :/ lcJ < ) I 'I kc!j'GJ • I I I.~ y s~r ')/ () ~ , 1, 'l I CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone 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 Michael Herman Emerson Subject The topic of the resource Hit and Run Description An account of the resource Defendant charged with hit and run 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_012 Emerson https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_008_commonwealth-v-minnie-mae-parker.pdf 35b4c27d49706c81aa5ffeb783b831a0 PDF Text Text ST TE OF VIRGI A, ROCKI~GH.M:COUNTY,to-wit: In the Circuit Court The grand for juroBs the body of the ing said Court present that 1936, in said and slay of said of the State county at its County: of Rockingham, December term, Minnie Mae Parker, county, one Alice of Virginia, Fisher, and now attend- 1936, upon their on or about feloniously oaths November 17, and unlawfully against in and the peace did kill and dignity the Commonwealth of Virginia. This C. Holsinger and sent indictment is found on the and Emory Showver, before the grand jury testimony witnesses to give of Vernon sworn in Court evidence. of �Involuntary 11.~anslaughter Commonwealth vs) Indictment Minnie :Mae Parker Felony December term, 1936 A True Bill: -:f-.~=~~ itnesses: Vernon C. Holsinger Emory .. Showver c,d: D. W. Earman Commonwealth' s Attorney �Commonwealthof Virginia, RockinghamCounty, To-Wit: surety, who justified to his suffisiency, came before me,.v·· <--Y:-<~ ~- .......... ...... - ............ - . .. . . ,U~ • .. . . . . . . .... ... . .. ... ....... . ... , of the said County of Rockingham, (]. P. or Bail Commissioner) and acknowledged themselves to be indebted to the Commonwealth k ../ .. CLA,~--V. of Virginia each in the sum of ........................ . ~ .............. Dollars, to be levied of their respective goods and chattels, lands and tenements, cv..tJ/2..0.~ .... for the use of the Commonwealth m~... . .... ), of Virginia rendered, and they each severally waived their homestead exem tion to their recognizance; yet upon this condition: That if the sai~ ~,c;,cu:_Cou« of Rock;ngh,m Co=cy, ~. ./Y£.b, 19.'J?, ..... ,c L~~········shall ch, Cowctl,ous, of;_ Term thereof, being the . personally appear before C~n .-/.. ch, ... day of and at such other time or times to which the proceedings may be continued . ./ .~ ~ or further d,y of.ch, e .. ...... , heard, and before any court or judge hereafter having or holding any proceedings in conne,.ction with the said charge, and then and there answer cl,, sai~ Co-onwdch of v;,g;n;, conc,rn;ng , muin....... ... a.~ ......7-!..~~. . ~ .................................. whmof stands charged, and be bound under said recognizance ch, 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. this ~ .~2...... .. day of .......................................... . ��COMii!ON'fEALTH v. ) Felony mans.) (inv. MINNIEMAEPARKER ,/ I I I /t', J_. v ,/j. I J ~ / /. ✓ ) ,,, tO , r I,I ~ r r .;; �,I ( f ·' ,, I. �t I ed in t11e Glerk' Offi oc inghamC·unty, a. Al If ~ µ IN THE CIRCUIT 1937 COURT OF R CKINGHM,l COUNTY, VIRGINI P.lark • CO!ill.10NVfEAL TH vs. BI L OF ...illTIC DL S. MTNNIE 1. • E PARKER The Commonwealth expects 1936, late in tm in an automobile north accident of Harrisonbur result of the north on said the afternoon highway driven the highway, to said Fisher. highway entrance 1. innie at the opposite Endless. time, on November 17, Fisher to Endless driving of the road direction two automobiles Caverns, Alice l....ae P rker, car at a lawf 11 rate said day, that on the Lee ijighway about on her wrong side in the dri vir.g his of that at the defendant, to prove resulting was killed sixteen Caverns having in the as a who was traveling her automobile into the on his collided death who was proper at the of said across of e car ~ath by one Emory Shawver, of speed miles side of entrace Alice �/ �ARREST WARRANT 6 The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: has this day These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith before the Trial Justice of th~ said County, the body of the said tk,..: .. -w - .v ~ _____________________ Memo. of Commonwealth Name ~ L ~-!';~ to answer the said complaint and to be further dealt with according to law. Given under my hand, this to apprehend and bring / cf JL day of Witnesses: Address �I, an..__________ of Virginia, acknowledged of Virginia in the sum of (>'?(,,(,, / l<,~--tA-e')I Commonwealth which they severalJy w ived the'.r exerp~jon, ~ themselves dollars ($ /(1) indebted t9 0 to be made and levied of their goods and chattels, yet upon this condition: V~ _ ~ ,, C) to the ) as to That the said shall appear before the Trial Justice Court of Rockingham County at ------------~---------• 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 ~ny court or judge hereafter having or holding any proceedings in connection with said charge, and then 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. Given under my hand this, the ______ day of ____________ , 19_. T. J. or .... t I-- ~ u0 .;:: µQ) en 2, cu ....i "i-. f-< . ~; , ~ ~ C1l .., C1l ~ -( '-----r--' <1) C1l ~ u II) .8 ~ -~ ~ I 2:l~ :i a:i o.o >< C r.u·~ ~ II) • ,,; d s U ~ I ~ ~ LI'\ .I • 1l I ' ~ ~ ;,: • '°d'"d :> 0 I ..... ~ :>- I ~ ~ QJ 0~ (1) P. or Bail Corn01issioner 1·1i ~ ·.:::: -£"Cl C1l .8 C ·-e oe C1l ~, j ...C:C g :§ O - 0 ~...c: ~ i.., C1l ~~ ~ ~ • :,-._ J .!!l ...c: .., a..--~_;";;,: I ' .. \ •. : ~......,: = . ,.__. '->:½ :: ('\: A :: ~:..: '-1: z ~ ~ ~ ~ 0 .._, 2 r--a • '--..9._ • : ji.. ~ 1 7 • : r ~ ' µ.. , -~ :l -~ • : : :: : : : : : ~ : : : u • • • • VJ : : : ~ ~ µ.. ~ -~ _rn - ~:.;;; ...c: -"' ~ --; , :a B 0 ~ ·- , , ~ ·c: ~~O ,..:. ~ ~ C C ;,,.. \ :a"Cl e C: ~ .8 ~ "-; :a µ.. [ r~ " iil .,, ·o e .eC: t5 gtt) = ~ ~ ~ U r-< < J5 ~< U..:C: ,.::; - '0.o V ~ _r, : .,; : ;:l ~~~~~~-~~~:; t , , , ~ ' 'en ~ ·r j, : • . .'--c. : ;:l .,_, d i:; ~(1l QQJ "' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You arc hcrcb:i, commanded to summon....................................................................... -................................................................... :'...._ /_ JJl.t_~/1}/}J f ~ before the Judge of the Circuit Court of Roclringl m Count}), at the Court House thereof, X.7to testif:i, and o' cloclr, a. m., on the.l..y ......da:i, of_............. . ....... : ...............19.... sa:i, in beJialf of the Defemlant in the prosecution o :::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::: .... the truth to the C ommonwcalth against............................................. ..... ~ 227~·:::: .. JP~:::::::::.... :.::: ............... . who stands charged with and indicted for a felon}) misdemeanor. And this :i,ou shall not omit under penalt:i, of £100. Witness, ]. ROBERT d,y of ~ :Massanctta Paper SWITZE,R, 19Ji. Co. Print And have then and there this Writ. Cler/r of our said Court, at the Court House, the....../'!-.~ end;, th,<~l~:z:t' C :·~. FORM NO. 5 Cfo,k ��CIRCUIT COURT OF ROCKINGHAM COUNTY 1936 .................. Term, 19............ ~~.. -11~/ _,.~--·- ........... -'.'.~~~····· .-4 ) has been sworn in open court as a witness before the Grand Jury / /( 1 •l 1I_ \., lt:fA-r7_y1rn r~ ·•·········tt.····················••···························t1 .................. V"c1erk. . �I .i �CIRCUIT COURT OF ROCKINGHAM COUNTY DE.L- '19Jb ~~ ..... .. ....................... . has been sworn in open court as a witness before the , ~r~nd ,.1,ury ·-;_/ ✓t ~- ,!, ..,;.,._..,, y/YV>, _......... d .......................................................... .. Clerk. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded lo summon........................... •··································•········-·•···•··································-································ :~ ;~;~ar o'~;::~: :.e:. ~d :::L.~.h~.r.1: ~;.~~' .... :,.... ~~·~·· i~.~~.~: ..:.~~.~1 ..'.~:...~.!···'.~~ ...~.°.~.~.'. ... :.o.~1~\ :~~1.z '..°. ..'..~.~.'.'.,.~ ..~.~~ ..~.~~...':~.t~ ... '.~ ..s:~.?~~.~:;~.'. ..:.~·.·········--------------··--------- who stands charged with and indicted for a felon)} misd(l,nearror. And this J}ou shall not omit under penalty of £100. SWITZER, Chk Wit,~~T f ,Z and day 0/......................................... :............ 19.... of Paper Co. Print ou,:td ~- at th, Co"'t Hoose, th, .......?:::f ..f.!J in the .../.i..--p .......... J}ear of the Co':1mon:t'~· ..; Massanetta And have then and there this Writ. Clerk ..'l{-~~iia•-···············• FORM NO. 457 �Legal and timely service accepted 1 this ;?-day of ✓~- {~ "- '-4 "" ).. tt J ·h r \ ' ,t 1937, n~ ~(L i '-- f r\ f �Harrisonburg, Va., _ __......... ______ ... 1../!.. 19 /7 Clerk's Office, Circuit Court of Rockingham County STATEMENT OF FINE AND COSTS Commonwealth Term vs. Costs Commonwealth's ID Attorney t::) 0 Clerk of Court Sheriff . . . . Witnesses, Attendance Jury, Attendance and Mileage and Mileage . Jail Fees -..:....+4-,~~ o o / e o Peace .. ~~ . Total Costs Fine ... ____ Clerk /P • �#/cJ& t)~ ~'-0 3.J.30/ '----- -- / ;1/-30 ~a I /; 7 II ✓ IA JI__ /. ,.. B- ,/ / �Commonwealth of Virginia: To the Sheriff o,w.:kingham Yott are hereby commanded to summon . ....~?. }~ :/iL ~~ ~ ~ .. 1 ..~?'1-,-.. ............ ;; X 2?7 County, Greeting: ~ ...... . ~ ;;r~ ··················•····•··"··············•······· .. ···········································"''''''''''''''''''"'"''"'''"''''''''""''''''''''''''""'''"''"''"''''''''"'' who stands charged with a felony mml·t11mmvr. And this yott shall not omit 1111derpenalty of £100. Witness, J. ROBERT SWITZER, Clerk. of our said Court, at the Co11TtHouse, the ...7'/..~ d,y of. •••• !{±,.~. THJ! SIi.ViC& PUSS, And have then and there this Writ. HAU,JSONBUJ.G, 19 J&,.a YA. ;,, th,/~{~'~/'"'"~;;~h0Prc a .. Cl,,k �{1 ,rm/ ,J. ~ ;:. ::,- ~#.,<d~(j~ , :, l :, " S' UJ C 3 3 0 :s to 0 0 0 113 7 ~-----------=-' ~ '~ ' �In the Name of the Commonwealth of Virginia: To the Sheriff Y'" a,e h"eby commood,d lo ,amm••·l--·•·······'2J:~ ::·w~ ..c4~ of Rockingham nty, Greeting: ~ ......... ·::::::::::::::::::::::::::::::::·:::::::::::::::~:::::.-.-.·.·:.-.-.-.·.·_-.-.·.-.·.-_-.·_-_-_-_-_-.·.·_-_-_-.·~.-.-.·.-~····_-_-_-.·_.•_._._._._._._._._._._._._._._._._._. .•_._.._._._._._.._._-.-.~·.-.-.·.·_-_-_ to appear before the Judge of the Cir,:eit Court of Rockingham Count)), at the Court House thereof, al 9 :30 o'clock, a. m., on the....?:'.1-:. ...~lay of_..................... ~................................................... 19... !..7 fokstif)) ..and..the. truth. to .sa})~~t[3i>~····································•··················· who stands charged with and indicted for a felon}) rrrisdemea1101. And this }Jou 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...../2.~ of........~ ...:.................... 19.....?....7 and in thel...?./.~.})ear of the c_ommonwealth. Witness, day Clerk J;~~···········• Massanetta Paper <1>· Co. Print FORM NO. 457 �� 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 Minnie Mae Parker Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with involuntary manslaughter (note: automobile accident) 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 1936 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_008 Parker https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_014_commonwealth-v-mutt-riggleman.pdf e1b0932d6326c05b43107b61baebe95a PDF Text Text STATE OF VIRGINIA, COU1qTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand body of the Court of said present that 1952, in said assault jurors County of the State of Rockingham County, at its County, nature by having Corbin against carnal the of the Commonwealth a witness evidence. June term, did unlawfully indictment order a female, knowledge of nature, in and for and now attending 1952, MUTTRIGGLEMAN, on or about upon Ina Corbin, This of Virginia, the the Circuit upon their oaths 13th make an and cormnit a crime against of the body of the said the peace Ina and dignity of Virginia. is found sworn in court upon the and sent before testimony the do day of April, and feloniously against the of Ina Corbin, grand jury to give �C0Mf101-niEALTH v. ~ MUTTRIGGLEf1iAN FEL011Y bill: June Term, 1952 A true V!ITNESS.J:S: Ina Corbin INDICTUENT George D. Conrad Commonwealth's Attorney . .. �JUN 195 ,::II, !/tf . Docket No. COMMONWEALTH of VIRGINIA ) ) ) vs. Felony ( sodomy) MUTTRIGGLEMAN R.S .Wright,Jr., and J .Lynn Lucas Jii~J!f:r:r:µ~~~itl~,r~tt~-,:________ Own (X ) Appointed ( ) 1952 June li,yj_ 30. Return plea n.g. of G.J.; I~// I arr. 8/~<,f, & ~-L-,.; ,~~~t tf~ O def. ~n. r -fir ~ o/- j p .. d ~ ~- • r° . 1-_p' /tJI ,:!!- CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��Comp. Form 18 STATE l OF VIRGINIA COUNTY OF _ ____..~~~~.....,. TO ANY SHERIFF OFFICER: Ina Corb. Whereas, Trial _ f _______ OR POLICE No. _____ To-Wit Jucticc Co ~t of the said County, tha,._ ____________ _ (Title) __ rim :e 0.1;. c.ssa:ult 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 -□ ---------------- _ -□ □ as witnesses. Given under my hand and seal, this __ ...._,'--""....__day of A QJ,.e.~m) (Seal) �STATE OF VIRGINIA-COUNTY OF to-wit: I. -------------------- a Trial Justice Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ________ as his sure~----, 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 be rendered, yet upon this condition: That the sai_,_____________________ County, on the _________ of to the use of the Commonwealth to Circuit Court Trial Justice , shall appear before 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 _____ _ ,19 __ day of days , T.J., J.P. ;. ",.,c::: (i 0 >-3 ... 0 ... tl'l >< " s. C. " r, r, 'O r, 0 "' "' 1;;::, "c. ... !" ;. ::r ~ < ;;· " >::0 ;. " ">4 ,., 3 s· ,., ... s· ::, " ~;. l1Q -" .... / I 3 g gn "' ...... ~ ..., .. .. Q. ""' n n t"" >-3 (fl >-3 > :x: 0 ,., ,., " ... 'O 'O ;:;'.' r:::r '< o' .... " ";. " Q. "' n ----- t:,:j g, .., " 'O ::, " ,., s· > ::, ... ... n ::, ~ ,., 2ti:, g- ::, ., l1Q tl'l ,., i5. n n ~ ::0 C. ::: .., E ,-I >::0 >-3 '< C. ~ n ,0 ::h s:: 3 ~ n :,,: t:,:j .... ::, (fl 0 0 z>- s= z >-3 s= 0 ..., 0z 9 g, ;. s· r, ::r ,., .., t, ~ C. "' >-3 ::r " 0 0 fll "-i Cl.I - 0 i .., "0 r, l1Q ::, ;:.· " C. �I, ........ ~ ......½d. f.l~ do certify that .•• .... ~~····················• .... '1:..~.! a T~tice/Justice of the Peace in and for the County aforesaid, State of Virginia, ~ ..&.::t.'J.~~·············································································································· ... and .... a....~.~ ...l:J. ..... ~. . ............... , as his suret~ have this day each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of...~:::~~·····~····'!_·~(~.!.~ .......................................................... Dollars ($.. ./.,1 .. '2.~.P.................. ), to be made and levied of their res~ctive goods and chattels, lands, and tenements to the use of the Commonwealth to be rendered, yet upon this condi· tion: That the ,said.L./f.~ .. /::.~.~ ..~ ... (?.-:.~.f.~.~ ..... , shall appear before the Trial Justice/~it Court of.: ................................. . .. ~~·~·~.County, on the ...~ ..~.. ~day of..... ~.~·············•l9.C.~ at..~ ... f.. ....M. at../~.~ ..~ .... t ..~ ... , 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 an.sJ.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 .... .f'.£.~~·····1..~~.... :.... ~t.·1··~·~···••·············shall peace and be of good behavior for a period of....~.~··············days from the date hereof. Given under my hand, this .... I ..~....................... day of... .................. ~.~···············• 19.,r.:/ . G. H. 0 ,._~_-v?~1~\: Form No. 507 rms ~..~~.~ ~-~F.-.: ..;;:.;:~-<r;.ka:iJ ......................... a .... ·······················••1 keep the { .. l J....... P... .::...a::: ��Comp. Form 1 s I ST ATE OF VIRGINIA COUNTY OF---=~c=k=i=n= -n=a=m~------0 No.-2M.6.Q_A To-Wit TO ANY SHERIFF OR POLICE OFFICER: Ina Whereas, Corbin Swartz, has this day made complaint and information on oath before me, .s..J... Clerk " Trial Justice Court oft e (Name) of the said County, tha~~-------------- (Title) did on the malce 13t_h__day an assault ot___ unon Ina emale Corbi and and cor.unit a alnst nature Corr.morn.veal 19--5.2._: Unlawfully ~A-=--.p"'"'r~i 7~------- feloniously_ a crime • -!'litv- againsJ:; of tho th. 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 -□ O -----□ ------------- --□ as witnesses. Given under my hand and seal, this 17th day of ~t.,~ April (Seal) �STATE OF VIRGINIA-COUNTY OF -----------------------, Trial Justice a Justice of the Peace I, ------------------- 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, lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court Trial Justice be rendered, yet upon this condition: That the sai..,___________________ 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 shall keep the peace and be of good behavior for a period of _________ the said from the date hereof. Given under my hand, this _____ _ day of ______________ ~ 19__ days _ T.J., J.P. ct:=..... rn 1-3 • c... N -.J ct- :=- Ill 0 ct..... 0 ::s"d o Hi 00 1 ~ ~ ,. .; ,.,. ::, > .... p. .... ,. "' i-3 ':11 .... 0 e. ~ .... "' "' ::, ... ,. 0 (1) .... E I)> ~ ... r C. I)> '< ~rn C: C. 5. ,. '< ... s I)> I)> 'O 'O n, ... IU C" n, o' .... tx, C. > :::: .... "' l),l 0. CDI 1-j ::,' ... d o' ct- o' ::!'I-' C, (') I)> ::, n ,. ,. 2., ;. ,. C. i-3 ::,' n, ::, '< 0 0 ~ Cf.I 0 ::s ;. ,. . I\.) • \J\ 0 N t-' 0 8 •0 • .... ... 0 r n, (') 0 IJQ ::s ;:r n, C. �Commomwealth On an indictment vs. for a felony (sodomy) Mutt Riggleman This day came the attorney accused, his Mutt Riggleman, attorneys, said court in person intervention find said charged all matters And it Mutt Riggleman, being six months being fonsidered offered inquired one hundred to this until said patible fine suspended in the care good behavior such rules required Thereupon, I as his surety, themselves, fit in the of their Parole the said /acknowledged ginia respects and regulations byVsaid prisoner if sentence it or is therefore the said Mutt costs to hard labor inci- on the ( 6) months and thereafter it appearing execution being for to be com- of said placed Officer a period as re had and the said Mutt Riggleman·s for doth on him and recoverof However, and probation court at xxfimfxmfi anything aforesaid, so to do, the of one hundred thereof, term of six for hear- and battery and a fine of the Probation court case without punishmwnt he be held paid. interest of sentence in all his pronounce fine this of the by jury to the of assault in delay the are and the and fustody suspension not the for and costs fix trial the evidence, guilty and that Road Force the consent waived the commonwealth dollars, with the public is hereby said that and with heard of the should prosecution, St ate Convict and by in jail or alleged by the court Riggleman recognizance and determine and· doth knew to say why the court nothing to his of law and fact Having in the indictment, dollars. and the commonwealth, of a jury. &NIDCID:m.N~xrudxarxxx dent the to hear accused, commonwealth, and F. H. Bl?.lmback. And thereupon, proceeded t the for to submit Jr., the and by counsel, and the attorney and ggreed came pursuant R. S. Wright, accused, for on probation this District, conditioned of one year sentence upon his and observing as may from time to time be established or Board during the term of such suspension. and Mutt Riggleman,JD1XHXHlii:x±n~x:icmn Albert B. Coby who justified as to his sufficiency, ttx~R§t§l~x§t~~ Emmx±l1DC±llx~m1~x:qc~:fxR±~RX1tw[ocbocxR~xbrxx:µ:~h~&]q: jointly and severally, bound to the Commonwealth of Vir- sum of Five HundredDollars, homestead exemption ($500.00), as to said obligation, waiving said the bene- bond �being upon condition to the Clerk said of this obligation that if Court to be void, the said fine wn or before otherwise and costs the 2nd day of August, to be in full • _.._,__ ..~_..:~-~·----~~~- __ .... .. ..._...__.. .,..,._._ __ ~---.-....A,~--..........!"'--"-•◄ •,..._,,,,,,,_....,_~............... aforesaid Jll-"'lAA..l'l.•,_-..~----.-f"" ..... ~ force are paid 1952, then and virtue • �If _/,G,,C 11/ _}, Ct,f Lv!u.-, <- @~(U,,' ,;: ( c'~ )c"" ft,.1 Y✓ ( t ,-- J £,;;F. /; r't-, I \..~~t ~;-I ' ,,4-, ✓I ,::?.---rt_£ I ~ t _,,( I 17 ' 1 , ,, ·r Q-1 ,l U b I t, , ,z, t 1 ("" ~· if_&(( 1 1 I . ( ~ I A - I _,,,-L--1 L I I, I , ;: I ������Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are . . of the Commonwealth er~mm~ame of Virginia to summo ,• to appear bef.QLs:..theTrial Justice Court of said County, sitting in said Count/~'4: ~/ ~ay of -~ aL:C:l:~~~~~~__JL~~~-,--_l.l,&,_____.'""'----- , 19 S½at the hour o,L....:=::...L...~'-----"~_.::._ _____ of that day to give evidence in behalf of_~_.c.L.J=~'-=-/1...=--=........,_.c ___________________ in the pending ::...._ _____ case of ~---"--':,u..:=-''--(::--L---,--------'-'-----------------------....:_ uoL. CI 10-Sl-2ro-Garrison __:_ __ v_ ___:_:::.........=~~----, _ 19~~- ,~:C: _ �Trial Justice Court 4 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................. . ..................................................................... J.ame..s .... Hal.e ...................... . 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 .......... 29..:r..<J. ............ day of.. .......................... JV..l..Y.......................................... 199.~., to testify and the truth to say in behalf of the Commonwealth against ........................................................... . .•......................................................................... I.TIJTT...RIGGD J'.!\.N....................................................................................... . 1 who stands charged with and indicted for a felony JtmH~ And this you shall not omit under penalty. And have then and there this Writ. at the Court House, the ....2.3.r.d... Witness, ~.iFE~ft006~PEfiffljf:, day of................ JJ.J_ly................... , 19..5.2...., and in th 77.th. year of~ C mmonwealth. ctCanr1e·a1thr-s··4,ttorne,r·········•~~ THa ,aa?la Pl.I.SI, HAU,UON8U&C, ""· / vi �C0UM0N'.:TI:ALTII v. ) 1.Jitncsf' Subpoena ;:ITJTT RIGGL:;:lrlAH To July 22.4,, 23, 1952, at 10: 00 8..m. ~ If ~---r ~~~~- ~ ,P-- -~~~ l/Z> _g~c ' ~--L -.,,.~. . �H zo ~ H Z Q &XECUTED~ •THE COUNTYl;;;· ~XECUTED~~N THE CO~TY Ur ROCKING~foY DELIVERNGA TRUE ROCKING;;?"~~DELIVERNGA TROE co T I 0 0 d > z ~ >-3 ~ ~ s £i3 �., ,., • �In the Name of the Commonwealth of Virginia: To the Sheriff You are_hereby commanded to summon .. <. ..ne..s.t ......L~ ....... of Rockingham County, .J....J..:r.'!.J ....... ~........ ~ ...... Greeting: P..9~P.~9.~, .. William.., 1:r.Qic.o.fe., ..........t9.~ ...Q.(;P..t;r.Y, ....:..?.-.:r~.J3..~ ....~...... P..,. ..J.9.;........g~.rf...... ~,.. Willi. .....in , ...A!'!............o.rr:t......... ~¢1 ...Gha...:r.+~.$. ...P.~.Y.~.~.~., ....................................... . ••••••••••••••••••••••••••••• ..······················••,1••·····································•···········•·•·········································•······················· ......................................................................................................... - to appear before the Judge of the Circuit CpurJ 'j..Rockinf,hm behalf of the Defendant ..................................................... . ....................................................... . (Sounty, at the Court House thereof, .. ~...) ......... at IO o'clock, a. m., on th'2.3.d ... .ef,~yof. ..... ..l:u.lY say in ......... 195~ ... to testify and the tr~th to .... ' in the proserntion of the Commonwealth against........................................ ut.t ... :~) .. ' ggt.~m!l.:n. ...................................................... ~................... , who stands charged with and indicted for a felony ™.Im. And this you shall not omit imder penalty of £100 .• And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court Rous;, the ...l9J~ day of ....J.u.l.Y., .............. . 19 .5.2.., and ......... in th~'7.'7.1;~ear of the Com~monwea~th. _ . ,. :' ... ,./✓,,<b~· ........, Clerk • ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .................................................... :,;························..·························· A 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 .....9.0tb........ day of. ...................... J\:t.U~.......................................... 19 P.~ ..., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . ..............g ~;i..P.:~.t ............MJI.'J'.'r. ..EJQQLE.Mf\..N .................................................................................. . who stands charged with a felony~And this you shall not omit under penalty of £100. witness, r~~'le.::afumt~ day of........J:\~P.:~ .................. 1~.;?...., and in the ..l?. THE SERVICE PRESS, HARRISONBURG, 'IA. And have then and there this Writ. ~ t House, the ....24th ~ir....i;~~~~nonwealth. ......... �CQr.TI:IONV/EALTH • ~ u, i~ . V. ) #·Grand Jury •. ·r l\IDTT RIGGL1i'UAN - 1-4 •• t1 ~_To June ·~ ~- • . (),;· : ~~;:,_~~ '?-i ... >< ,:ai.:a ~ #, C> _.• ., - •✓ <. Summons • 30, 1952, at 9:30 a.m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............................................................................................................................ . .............. Jng ....C..9:r.P..i.n....... .Cw.m:.k.$ .....gJ;.....K.av.~nau..r:;h....Hot.e..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 .......J~;3..:r..d ............. day of.. ................................ J:u.ly .................................. 195..2.. , to testify and the truth to say in behalf of the Commonwealth ..................... ......................................... JW.':r.r .... against .............. y~•····· ..... ~ .........•.................. R.J.G.GW.J.~.N .....-······················"··························•······················· 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, ~m~IQi.@JtalM:Oilf,t!~'li! day of. .............. ~P-JY ................... , 'tHS ··••acR PII.ESS, HAII.RUON•uac= • ..... -~---- urt House, the .....•lO. �COI.11'.mN. JEALTH v.) ,Jitness 1 Subpoena l11UTTRIGGLEH/i_N To July 23, 1952, 10:00 at a.m. �In the Name of the Commonwealth of Virginia: ~ To the Sheriff of Rockingham County, Greeting: .E.'.ne.~t..A, .Lamp~ ......A •.._w.....ThQmps.on,~ WJ.l.l..i.q,m ...Ki.r..~.~···N..~.w.t.on..G:e.nt.r..t.',. ...Mri.r.t..;s..~ ....L;;i,mp, ...J..o.bn...Hµff.m~q;i. ..,.. WJ.l.l..i.9:m ..K1.ng_, ....A.!....L..~ ...M.o..:r..:r.;L$., ...D.e.:v.e.*-$., .....~ ....":..:........... . , ....®.Q ...C.n.~u•J.~.R y OU .,,, hmhy com-ded ;,;;;~mmon . , . • ............................................................................................................................................................................ .. to appear before the Judge of the Circuit C9urt of Rtclingham County, at the Court House thereQf, at IO o'clock, a. m., on th en~, ,.'.,Jl)····day-of . ........J.uly,. ..... .....,..). 1952,, .. tftesjify and the trntJ/!to / ... say in behalf of the Defendant in the prosecution of the Co1114:non~alth.against.................................... ·.,.. .................................................... ············· ................................ .. 1+.f.t ... E.;t.gg.l~m.~;r1.L ...'............ ' .........::_ ....~ ....... !, ...............~ ... < ..~ .. ~ ............... who stands charged with anyn_dic'fd And this you shall notr2 ~..... ~- •• ?!';~· ,............... t ,······ .......... for,rP,felo1Jy _1mder petf'(llty of £1 Witness, J. ROBERT SWI1£ER, .............. ~--··., . 1\n~ bafe then ·and th Cler),.,of our said Court, at 1he Court Hous day of ....Jµ],._y,. ............... 19 ..5..~., and in• thJ.7 ..... ······· /,Ill -:. ·/···· ~. �__ .. _ abode.. usual place of age of 16 e th ve abo his family ·n h<=1r. e, place of abod Nut nnoing. ·o rw, .... i' : s f�mffYabove th,3 .:i.ga of 16 YE:!·1rs. IIISIJctJ Pla�a of r';, place of abode, >lf/fJ, .1..l I_.� � ..a't n1s u�u..., 4 �TRIAL JUSTICE COURT Criminal Docket N~ 9460 A Com'th Defendant a_,W• Appearance date ... • .2...o .. ~-l... Trial Date ~-~2,7,,,~v ;L~J?M �$,c,PP· f;rt161JaL ~ (' 4-IN &c,,,> � 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 Mutt Riggleman Subject The topic of the resource Sodomy Description An account of the resource Defendant charged with sodomy 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_014 Riggleman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_002_commonwealth-v-noah-halterman.pdf 9eda4238130fa5a357c92e1d306b0f41 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 Noah Halterman Subject The topic of the resource Buggery Bestiality Description An account of the resource Defendant charged with buggary (note: animal abuse) 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 1955 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_002 Halterman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_005_commonwealth-v-noah-thomas.pdf 8fa71d4d64e6fcc7d4d091324a087c41 PDF Text Text Present: Hudgins, Co Joli Eggleston, and Whittle, JJ. Spratley, Buchananp 5-nith IJOPP. THO/AS LEAR OPINION BY JUSTICE C. VERN01~SPRATLEY ll Staunton, Va.j Septo , 1953. -v- Record No, 41180 Celv!MONVv'EAL TH OF VIRGINIA FROviTHE CIRCUIT COlRT OF ROCKINGHAM COUNTY; Hamilton Haasp Judge. Noah Thomas Lear was tried Rockingham County, he, "on or about force Virginia, the carnally said Ogretta pleaded * .." not guiltyp found him "guilty ed his punishment -l<- did make an assault, and feloniously Code of Virginia» and undertook as charged at seven years tha child of the age of thirteen Jane Dove 9 unlawfully * which charged Jane Dove~ a female to-wit, and feloniously know and abusei The accused The jury unlawfully years, Court of 1951, in said County, with and armsp in and upon one Ogretta (13) years, writ upon an indictment the 17th day of June, under the age of sixteen her, in the Circuit and did 1950, ~18-540 to prove an alibio in the indictment in the penitentiary. 11 1 and fix- We granted of erroro The assignments refusal of instructionso of error Before relate considering only to the granting them,it will and be help- �:) Q O .., .o l o'-' t, r ") I - , .., • .I .J' 0 J ;. t tu rl 0 ::m n ) J' :o 9 J. r, I , ,~ - - 1 ) t . ,.. - b. '-n - .J '- .,_ .Ir -n srt d 1 r. oJ y_n :: .t ~ '.'19 .t e ( c., .... 1 - 21 ll .,_( 93' ...., ..,_ '.) ,...,- ;.. :r. r . " 0 r ' - 'J • :....J r "' " ~2 Jx . 3 .., 1"'3J"'Ii 'X'J ...,. 9 �ful to consider form. ~tis otherwise the evidence necessary contended ing witness and her sister charged, One of eleven the accused until in Rockingham County, as far one-half a mile from Bergtono the father that said he "courted her some~" 1951, Lear, together relatives years incredible. 30p did not arrive 19510 at At the time of the but thirteen years of age. at the home of her parents Virginia o gradeo She attended in schooL 1 be- Noah Thomas Lear, Ritchie the about certain timep Lear worked at the home of Jess Dove 1 Decemberp 1950; but that sixteen of the prosecut- In Junep 1951, and for of the prosecutrix, the rest of his defense at the home of Mr. and Mrso Willard Ogretta that 9 as the seventh lived before June she lived accused, periods the testimony she was, therefore children, ing advanced that than would in support is inherently years to us in narrativ out in more detail Jane Dovej the prosecutrix~ the age of fourteen Bergton, since in argument Ogretta offense to set it be requiredp of alibi which is certified as a farm laborer she first became acquainted she came to know him better She testified that on Sunday, in 1951, when June 17, with a companion» Guy Dove, came to her home; of her family except of age, were visiting in near-by with Lear in West Virginia; -2- her sister, Katherine, then that day at the home of that Lear and Guy Dave came �I 2 -· -;-~ - o.:: ... sGz'll 2 _-;: !:,..1.Su i,.,=:;C :f~G :u: f'" ',,. 1· .... r T~ . ' - !' C -:-ire ~!1 r·c:::. 1_ ', ti~ '::12 t,'3I. ·~·,,( ~jJG 92 e,. - ~-:i-T':6 ·) c.. 2- J _,,2 ~ ~ C. -· j,., -:LICTM.f.f-'UG22 'i-16~ SUO {.i!J " J: • ~•-f -! C. fO·C0~'2.[q61. '-- 2 C"G:t J +!lf' i r.o G."~·qc_,'-- f,r, _ ri.. G 1 '2'j. '.[t,;µG::.G f .f. o., ~ MUGl.J .f.J 2 2 :";Oi\C- ~ GI.+s;·u OJ:. .:_µow~2 o~..... T fr': 0r-Q1l.f-' \.., fC!'i I ~ +JJ 2CJJOOJ l ~~ ::r ;J_~2 •; g:;: '2 Ot 'il S + ~·pr. .. UO.f. ~- '"''I -l ~f ~LLfA6 ·uc:c.eq .fPJ6 • "" + J~ .f-.'J -G9I.. O:;: 1 q{q ,..- ' ' _I, -,- \ l " J'"'I.-~t L02GC~iL[Xi .f62;.rwo +~G sccn2s\ 26-~ "O': J ,illG U -~ +JJ9 2 ,-u CJ.! . ~ [JOL'..JG: r ::-.;:ir~ 1•r, -[ OW6 11091] fJGL r, 8!'~ ~-+-f-8 :~1c:; ...·+· ;t·t. C .fC . -.:-1:.:r:.-.q a::.!?'a6 ° r• r _,...., ·r -:-- '.f2 u!_,..,L T '-- +..GU -f-fC~~ T ~~Tl /.T:·. J _-u~ ~ • J {-.,... V- L r: TS'( CI.G, ... .,;[T,.. 2:r2+6T. .p; Ol 9J~P-. '}_rlUG ~ ;_i; C,}'.E'.:. 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DO, ,o r:i;o, O"- r Kc-+:LLF.lG. .:-.c+ r~cst;_;c, sca.n~-: --1:cL~ou ,.. ; OI (.. :::...o <..: t ::q "'' -rrr • " i:} -~C 2 -~·~I~ -t 2µ..:- C~.11 J.,0 L.EiC.~ 1;:: _, -i .T ~qt,9UC6q c· ~ .f."9-~ 23 ..... .;: ;c -oI.& u.l6-;.lSJ:E l.. r -.--;- ct ~00 2 J, rrr+ .f-JJ( g; 2r2+e;I..~ ~Q•,l u guq G· .. g:., -i:·-,9-'.-' q9,\ ;r L GXC...~~).f . 201Ur~ • II J(1~·r,! r-ci=:L.:t'GL" 1\f 2-:- ;1uJ AH:?,6 c:;.:: p6=-- -I.9lli-:T.-" 2.f • 7r .r -· ,A·p:.a-:ru:rs! j";l6 2; .,lo,.-- rv 2n c::-.<, ;:_, C [,=..f .-f..f6 .r:µs b::.02 01 OL!: +S o~ C .fT +0 L.;,;- C'.€{:_6:J'26 !,.00.Jq t!2 ;u 1J9I.I9 +:i~Aq �into the house while she and her bedroom combing their on the porch while later while hair; sister, th2t Katherine, Katherine she and Lear remained and Guy Dove went out in the house; she and Lear were in the kitchen, carried her into course with herq complainto her motheris made no outcry, Lear and Guy Dove left, and that Lear picked bedroomR and there She consented, were in their her up, had sexual inter- nor any subsequen and the two girls then went to churcho Ogretta had sexual further relations specifically testifiedt with her upon occasions on July 8, 1951, he tore of the room where she was sleeping other /sisters; foot that he did not bother of her bed; that and that lation~with without when her sister she and objection» after the screen thatR KatheLine went back into Lear that off the window with Katherine her at first, that and some of her but lay across the got him out on the porch; the house 1 Lear had "re- her on the porch. Ogretta also testified that as a result of the intercour on June 17y 1951R she bled and some of the blood got on her under, clothing ting that she first and on the bedclothing, adding that day; but no one seemed to notice learned that she was pregnant -3- she had been menstruathe blood. She said that in July~ 1951, when she e �-- .' n: 9[1J- .I. .., :; tqu ., 1 bns fortt . 9:£9 r, ,.,,.. ' , r. V ., .r.:.. '- 1o erLJ- ' ,. ' ·.:oq -s d b r.j- .3 ~ J .:!2C..i::::>S 81_.t . -~11 no -1 JUd r ' t j· -)I . ) m L pnJ-q9 l~ J ::, - 1 ' r ool ....."l1 '9r< 0 ,. - ..:o J . .iOJ .u l !:, ri bJ..l..., . 3 ,..,Jr J ~p; •"'.1 ~<-- .l. .:e l ..:o 3 ... ) j· '3 .) ·..:') J ~. c -- .0..: .., ). - .J . ...,- 0 J. b Is . ,J- • ,l 2 ... ts .:n3 9. j· -.;)~-,... f ,.. ,J, ..:r .o 9 ' r 2 r...,.....,.1_ 00 J:.. .2 f' .:9~ ~ '- i 11 f 3 e>u...: ..,. rlj- 3·2 ..~~ _; ! e ,1C _:; L!) ·r,::d .J..-.,,1..1J ) ·~ bnc 9nl--:9 J ·:::, -c, 3i 0 -:c...,- 9ITT02 B . q '- ':) J o~- i::i -JL.,Ofi ~ ' . _::").Y 1 . .' ..,.• . ' 0 ( tsrl,. .:9 L • J , .. -ms·..::.c rU :~0 <., " ' gr:{2 J. rt) rt· nl b3 orl b·~ r .J~ l ~-2 _.a . 'I • . :; ,,. t ... b ·i.: . 5UX')J 3 j- ,. ·o ; 93 • JS, l tn.: . . .::::>•j- ,.. t •. :;9.:_J l, ,,_-b r r: .J.. .) JLO C J .;ns . e-::: - ....- .) u ......J �missed her menstrual 1952 9 because periodo She stopped of the a proaching born to her on April llg birth 19520 childo for her pregnancy; She added that and had nothing intercourse witness matters. Ogretta The mother a lot." said She said unusual sne returned about the house. Ogretta of Ogretta upon incidental she noticed the accused she was absent came to their talking with Guy Dove. fact of 9 except Ogretta that home on June 17 9 1951 0 "talking to and Katherine, but noticed about Katherine, s testimony and collatera from home on June 17 9 in the evening; She and her daughter, 2 1951g There was some corroboration her bed and didn 2 t bother Ogretta of her time. nothing the other said to have a date with any boy or man except corroborated accused late she Lear was as to the actual 1951, with her husband and children and that was that he is the father that testified with the prosecutrix by the mother and sister positively the community in August, to do with her after No other A girl boy or man; that and that Lear left in February~ of her childo She testified had not kept company with any other responsible school the accused beds in they never knew Lear 0 Katherin and Guy Dove She heard Ogretta and the in her motherYs bedroom as she sat on the porch She added that they remained -4- in the bedroom about �q I 0 33 J 3 9!12 0 ,.J • 'I9!1 .J.. I IO l ; .,'· r J • J -- 0 f '\ b[ -, r t, r .x. ·.rJ-:: ·2 :..· c, - .,_ l. + ""\ - cmor1 r.r:::>• I j- 093 ,:- 3 _ - s -bl.i:rb - 1 + .... a. r T' n ,9[l)i I:;, ,'9f1 .: 'i 9 f • .t ·1 OVOu {- [ J J -.... °"...:39 ~ j- .li 0, s bs2 ' 2X9 ::)::)6 • ·- -- 6. l .., .t {O ·'· J .; . J - i.:. ,LJ! UV 'IO ,t f () .., !- ·- L,.6 ,J 1.:_ c )9 - .. .r ' ') . r I - - _,__ U£D 1. .. . ...,.. •~· 3± - n~- :J ...:-3 _. -· 3 1 J .J !1 'C o:J- Q, - �half an hour, Katherine also home through and when they came out, remembered the occasion confused the exact Ritchie Mrs. Willard that testified that parents and saying at Conicsville 9 that Virginia. left Charles Byers, for Charles the defendant. car, there three of the prosecutrix. He returned during Lear and Smoot were called They testified that as witnesses they went to Bergton said that of the follov·ing they were with the accused fusion they all of evidence as to Lear's testified and their tells all us that on June 17th. they were with him, they testified on Each day" they •were in great ovm whereabouts -5- and stay. home at Conicsville. The certificate whi h He then left June 16th» and took Lear to his parentsi I tak- He was not at her home on June weeks, in November for a short her he was going to the home of his to her home July 1, 1951, and stayed returned left Lear's day. the father the Learp and two 17 P 1951, and she did not know where he was that time he ~orked for on were somewhat the accused Samuel Byers and Bobby Smoot in Charles ing his belongings their date was July 8, 1951. home on June 16, 1951, with his brother, friendsj Cgretta and both she and Ogretta as to whether unusual room and went to sleep She did not recall occasion, nothing when Lear came into the window of her mothervs the bed of Ogretta. house on that she noticed conWhile they were �- ,,_ 2_r ·~ rs .... •• .f:TGi .. - ,~ -~D r-_'--·Ac " 2-! <.. C:.'..'ifq -f-:·1::J, -;- t 'J. ~-e,:- .f-/6 ,. ) '"'-1 C{CIGtJqq ,·_c!lC ~ ! 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'- C) t.~!fP ."H;:-.G 0 Cl,A 2J6 0" :.'"JJ+O f-JE" II. 0.j;U"fUO .un 219J •• �with him at various place sQ" in the home of the accused Byers said the night them were with him at Conicsville said that they remained he and Smoot stayed of June 16th~ and that all at Bergton that of June 17tho about half he "knew that Lear remained Charles Lear an hour on June 16th and then took Byers to his own home at Mt .. Jackson~ said that both o Virginia. at Conicsville all Smoo of June 17th." The ace.used tEfstif::ied prosecutrix Ritchie ville until that June 16, 1951, during residence; that with Byers, Charles on June 16th, to Bergton until the father of the which time he lived he went from Bergton at the to Coni s- Lear and Smoot; and tl:.at on the followin day he went to New Market with return he worked for July Smoot and Charles 1~ 1951c He stated Lear that and did not 1 he was at th home of the prosecutrix on May 27, 1951, with Guy Dove, but was no there He denied on July 8~ 19510 the prosecutrix that he noticed with was on the morning of May nothing out of the ordinary on occasionQ There are two assignments giving relations the only time he was with the at the home of the prosecutrix 27i 1951; and that that sexual at any time. Guy Dove said accused having of an instruction the other to the refusal of error~ at the request of the trial -6-- One relates to the of the Comrnonwealth9 and court to grant an instruction �-0-;--_: O.;.jJCT, ruC; or r,, ~ .. .. ;?~...J-~oc.c:: C: J/·~r: ~ OU ~v ~ -tF8.f-' '.1;, guq l + re! ;o V ,.. (" .J-;- .. 0 ~ +C ~~ .Jf' c t,C X .!..JJ6 !:·.:r:-;1c..no;.· ~ 1J OI9Uf +:-r~ ~::q COG:L".Ol'h'C~J ~ Ql' ,_J£; ;£ +o 2 ;~1 O:.f= Ol uc;;..!vJ f}~ F~ ,..( u ·cc '11., L ~••• 1 ' ~ .l. J·1!;.f: ~~ =-t !\ [ crs:r...JC2 J ,. (, .r!J ,c. C, ;._' ..;µc !.I( N:S 2 M-.-.f P -r:;e:, ICJ:'.:.:f01J2 -'· J('~ ... 9C.C,("Jc;;.;.q,.fGZ"f[[:fE:'.:j' SC~n:;J ~ NT 1.:0: ..,1 suq ,~ '!l. QT "!·... t•H"f - ......... t J 1 ~..... C~J ~ !') ft' !.."'s2 :.. c.p 1 ~; c ..f-' jJt.> ::,s 2 I .r-;1c qTq :,o.f. suo; -:-}Ss; OU +JJG tOJ"JC.',;ru W, I'G,'+ r-:.ir;l.'J f • ' C'U,,Uc" ~ • +P'.J.f 1 ci•s r. r c,2 r € s T..~ sec: c:!100.f.'! 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PO+µ 2.f'S,\Gq �requested by the accused. six given the jury Instruction to which accused "The Court instructs beyond a reasonable Thomas Lear, had sexual fendant intercourse regardless in the accomplishment that Ogretta from all that with her, that they believe guilty" Jane Dove at any find the de- was used by him of whether and shall fix or not his to the jury." the jury reads: that charged before the defendant in the indictment, the evidence they beyond a reasonable doubt Jane Dove was on the 17th day of June~ 1951, under intercourse Or about Noah her consentj which was refused of the offense the age of 14 years$ unless the defendant, or not force with the charge "The Court instructs must be satisfied from with Ogretta of whether The instruction as follows: if you believe of such act and regardless in accordance can be convicted reads of age, you shall such act was done with or without punishment that doubt that she became 14 years guilty objecteds the jury the evidence time before No. 4, the only one of the said date, on said date the defendant and the Court further had sexual instructs that the offense charged then they should find the defendant the jury took place on not 11 While the record shows an exception -7- was noted in each �- _·p:. rJ -T r 1 ~ J ·,-- ' -:P~.;: ,-;,JJ( '.: ( 2 ,,,. r V. C r- ...r• ~ ' ;. ... r-r T J --1 T~ i: '- -~.'-S ,. cr-i· .,., '-" ~ ,.>., C - ": IF. : ..J COUA.fC ;J ~ ~ l, -.- ;pt., ': ,;(J,JT.;.r ~ S 1 ~CT .:Ut'i ' ..\ ~ _"'./"ri C C~') ~ • JL ...-. -,-1 - .I. sA:rc;6ucs ( • 2 r 1. =,- "'_r: c- i. 2 p€,\ouq o.-,L.f.' -,rx . nGl: :-p.::; 1n::.:.? :csa;c c'.j:6 P}1 .' T:: +UGI ,....,.., .. -;-}-)~ T.~+P c;s1\ -.t.:rqct:c.,.... ,u 1q ..i C .r-·10 j c-- !:"! . -· ~-':'e, ot !: . - rgr r • guq o~ ~ ::::.-:.,.Y~. 26 .fi.1 ;:;.p:.lC-f. 2 +:l'C 9e,c •. 2~0 • .; 1 "!lJC ".t\OIJCj 9cc.r:2-q flUQf':i. T~~t--T l • e .r i • i.lCJ-: c, ;lliG v,.P-:- ("T T • ' 1- l"' '-.: +P6 9C:tCUqS:.J.f pG+_CLG 2 .. ,"":., (J -~o +!16 1.n::::.:\·11 2( S l'C • - ,ls 11 _,. f +P cu:c::.r.: '2 J~," ;i:-;s; c:psn T t.:"2 fl26C; 1·c· J r ~ ~•& +Pi:; :)C/'t 2 '-' t I.6sq2 c~r r), jT[W C'G- S + 91.J) i10sµ Ao:, PGT.f6A6 ~o· ~ 1 ;µs -x or:... /1/'~-r (, +JJt-'j!~ o::-·. .f.'JG qstsuqsu+~ n,s+ :ft Op1GC.f69~ lJ2fI~C+~ou 2GX l9T :-G8 20'JC")'."'Jr- S r OU .p:: .;ps -:.in::.,_ O{ :-5 cg::: C:T€• 2.::: 1J:Ll\. l, Dye.CC 6' ~ S LI~-: ;'SO ,CJJ9-~ co I.69 20:.1apJG qo.'lpf ""['-P 2 ..;-:r ·c ..:p : :c. OI. ...;o+ ~CI.CF- 2 UO.~ q E:f q_·Tc' c,. - sq: .f!. f .f.F6 1"iI.1\ ;TTO ;:-, CiJ J -€c 0u·r - u2JJr:: f :\~:r+JJ~tJG cµg:,as J,:-~r+..\ :: or.~ ::,c;yo22 r .f~Jf, 0 qsrf" .fJJC [C.I ,.,,., ' ~ 0,.- '-'+2 2 ...., , ---·::-c::::o:.:.& ar .c,•( o;err ,,•c:2 +·~c-y 2s: rq TT £"' .. CO(,T.;:' r- C C.O~ ,-• ~~ ' r:·:ic; (":O '.:C,+ o·; ;'tJS ,: :2p:ucu.r. :ru scco:c.qsucs 2n:,} 2" '0 ..,.:· -l -f."" u~lGD2c cµsL6sq ...__. - j"LJ q II +6 J.J :i 201,: 2~ --~:- r..~ J J L. "'\- 11 ccG,l.f'fOU .;µcA fCJ.fGI.::: +IJ'.'."~;-n c;u 'Jt ; .fC'. C::! +E. b ~;:: _f:t:::.co ..... -, su 2 li 0 1-f.: 2S' ("'T or 2; 111 o:::- - -fc'"'6 :rcco1:.q J:j..'G 1- fl.OW OJ~ Cf/\ 2 ~ OU€ CIIt.- .rtJ6 •• �instance~ it was assigned does not show that to either Rule of Court l:Ba grounds for that argues Noa 4 referred offense him guilty event, offense clause the of "before charged, they fully that to the jury might have beas of July 8th, He overlooks she became fourteen him is that years the qualifying of age.9 11 v·hich ir1mediate~y and the fact of June 17th~ that the only offenset The finding of the jury as charged in the indictment" comprehended the plain, simple and precise read as a whole. -8- in was then betwee was "guilty of the instruction and, only for a lesser of ageo years against that as applying the prosecutrix charged the accused by the jury because the words "at any time," that the words "at any to a vague and indefinite to be convicted follows language that from the language that only 6£ the act charged and sixteen 9 contends he was subject than that fourteen by of July Bs 1951, for which he vas not in- He, therefore, lieved as required here contends made are apparent and could have been considered dieted. i hm~ever, specifically in instruct5on the alleged court refused. The accused date ground of objection of the trial The accused, the_objections the instruction time" ruling any specific shovilS �CHll,O'.: u I ·o s ,.. .{( .zL---0' '· -11 .., ' j- ' ! .... ':- : le' r.: ;. J- [? ,1 r{J o·.d: t l erl.t H lf t C: 39_ 'J. t ' ..:- ,11-,.,_;..• or r. f. r r ) y:• :I3'I9- l :t J - .. ')')) ....3 [ n ~ T . .::r'"'',...,_ ~ .f) "l ✓ 't z bnl.Jo ,. 1:0 r ,_ ) .- !I ') r '1 ,, 1 :; 1 ~J ' • r .... -- ~ bn:itno') n C r . r ..,- ~ ~ l • 'I ~ ::J .. ·rrc 2 I J.C ), 'l.110 ::- 1o .., . I-. . ,tr II ,c ., . r ,. r,l:::J .. ,' I 1 'T J . .J Tc - J- . ... ll - j ') l '.') ,:;. s2L t . ·~ ) ::. "I . -.,l ..,1 l, T - c.B -l- ,. j T ,1. _, j- ,.) C , l' - (' II ~ ~ ~ II i .•. 'it, 3 .1 ., ; ,_, - 'J . . cJ-2, ") ") (,~ \ ., ~ .. ' 'J ;l ,~r l - .. .., r J 3 1 r, ~- - 1 lo t i· t Ja ,i 3 t~·u .: ( i, ·- ,. l{ t ~ 1' .., -I . ., .., ... II ') • r - . 1: ) .. .,.- .,... ,.... -. r ·.. .J 1 ... -. J, .,· 'T :;:i.r. '" '-'· rd i- - ... ,. - J '. �As a general the offense it being of rape, sufficient rule, time is ~ot a material and it need not be proved precisely in prosecutions under the age of consent for is necessary is that the crime charged. was was under that Jurq age. co□mittet. c. 75 J. on females of the offense age. All entiretyp within the period ., Rape, .,451 (J), show that when the female page 515; 44 Am. {ape, i/53, page 931. consent of the rosecutrix knowledge of a female stitutes or with stances v·r n ·n·a, her co sent. by the jury depends The degree of the carna years or not the act be accomplished or without con- against her of punishment upon the peculiar circum- age of the female. Code 19~L, Jl8-54. In prosecutio~s for rape, upon the sole and uncorroborated and this 0 The question under the age of sixteen of the case and the particular of Virginia, rape. is immater·d1 chil~ rape~ whether to be determined -years. in its of as allege under the statutory the evidence~ This is a case of statutory will, the offense to prove the commission on any day when the female w~s still that ingredient is true The weight an accused testimony even though the prosecutrix to be given may be convicted of the prosecutrix, Je a child to her testimony -9- of tender is a question ex- , �, I -- n.:od .::11 -- 01 " .!. - . )6 ,' .; '.) .,.r Jv ed~- .:o n .i.a ...... o) c-n9rlo ._ ·-.i:u:-- ~ -~--3 --i- ·.:..1.s.r 1 __ r r .[• '.J- =....L c! ,; j_ 'L ~ ) C, ~ :;.,,).:. ~':) ~ V'- ..J '1 . 1 -::.. 0.:. ~ v • ~ t.l.l~- "_:_\,l;~.... J. J9...-...: .fj- .tO no.u·~ eup ..., . J J 1 -. - ) .... n .. J rlT - r JO. •J :t-.) l 1- J !_ \JI 0 JZ •l J ,; l.- C '_'f') V t J .J. .; ..) .' ·u vf .,..L -, l - ,_l .'.1 ' G ...l . :r ., .., 1 )..., xi~: ' O, ·, ..,,:,,-- .i~-(J _. j- _,:j! q () oj· .r .J, ) CJ ne.-1::, ed o ... - - Jj o:~ - '· ,- t ~ ) ,.,._:,_ V b n: .:.J .c,,...., ) ,- ., r 1 .... a '. ::e, . )_ ~ 1 _:< '.J J 6 ··- 'J '. J lv - . _,_ _:; I .J ~~ ~c -~ . I, �elusively for the juryo ~.~ Givens v. 29 Gratt. 70 Va.) 830 9 835; Stump v . ..QQ.m 137 Va,. 804, 810, 119 Sa E. 72; Addington Vo 0 , 161 Va 0 975, 977~ 170 ~Q~ See Bailey s. E. 565; King v9 .Q.Qillo9 165 Va,. 850~ v. Com,. 82 Va o 107, 114; Smith v .QQ.m .. , O 85 Va. 924, 927, 9 S. E. 148; Glover Vo 86 Vao 382, 10 S. E. Comoi 420., The evidence sexual intercourse it may be said only by the testimony upon certain no denial that 9 committed of any other the prosecutrix mission admission prior is not here contended it was offered as corroboration ±he parties. Neither any offense occurring after charges to the fourteenth acts only one of intercourse, birthday of It and its is conceded that and familiarity nor the instructions the prosecutrix No was made to the ad- of the intimacy -10- of age unt 1 upon to defendQ to be erroro the indictment years is the 17th day of June» 1951.," No objection of subsequent is supported However, there 0 The indictment accused was called offense of which is corroborated matters "on or about was submittedo of testimony the verdict was under fourteen on June 30, 1951. This was the only offense evidence that and collateral the prosecutrix an offense and is to the fact of the prosecutrix, incidental her birthday act is conflicting, became fourteen of cover years �-T :+C ~ ·-..:r,_ '). !=J ::-.._; ~ "lJb -,- c:c 2 . g ;:• 1.:r:_-t_C1( r2 ~ t·:r--:- J' C.~',.. c:.1 Oi: • rr ~ ·r ► -2 .·oJ,} ~ Ct, .....,...- r: ~ sc.~i ' OLI uo ~;. ..J;---cI. c:;: I :112 l ---;r-; -~ - 110 • !J"q ("C_i,j_~~·l"T .,. i- C, - '" I ~" ... ~ ) ~ C -f 2 ' Z'.:.._;g L' -:-~ :a ✓- ~r _pre: ~' T '(: C" ~ ' ' ~c,- G ·,i ucirua• T c';'J • u i ;.Ts OUJJ , J\6SL2 9 QTt a6 2 co~:::.0po~ g f 2 2nb. ,.. -P'6 r ,, ~ '·· V -! 2 -~ C'I +6C-: Of r .......-, -·- :liJI',.JiJJ • f'Lt('J. l ;:y·. ~ .... r;~-1~ '0. I•• < .\ . -- "), l " ..,c.e:;--·----~ :J9 .f :;6!, _I\. ~-"",fC!: ---•-•----- .! • , ,~·t,:,.::· ;;s ·c(.;:::-·) /1.S • * •-;._~~"':'! l -· :re ,... ,...,o~~ '":t"'."'f,':' .,) ' 1,J IQ_\ i :'."T"-.t:-,5ij"-""+~ '-,,"'---! • 1, • . \ Ct;- ...) )-,'?. r ~ . ~ 3'1: ~nz r. .. ,-.- IF- ::. \ ,J~ ~- ~ I 7:>filo~ -~oxj -r· I ~ -- '0 " _, J,, -. 2 • ... . -, i / ;)"'r •-o' --iY 'K~·u5 A• TT . -· .,.. ...-w. .,0: JO;-> fl.9• i '"'(..,.. I I Ol (Y ~ ~ u ~ ;1j_16 <O.';\G/\GI. tJ •; -:r r-c • "T iO!:• :·, 0~ .A o:;:: -c:::-,c:TC..; ' . -~() Of f]L .f.!;9 -~ _:i1•q "~La62 I p~c T .-...T.; ,.. T0n:L..rG6iJ ,:. .-r_~:-'\, c..-.>~: ··'. ·c .•"r;. ;- ) - ,._, fJC o~• .fO 0 - ,.. :, ·c- r2 11,, co:;-r=-r•'.T-CT r1s-_f.(-E::".'C.c IO 20C ::.~~ r:::..rG HJC rruqE":.. t,C:}2 ,. ., ~• r, _., .=:. ~ ..... • J C..C. CCUCCC]GCf o.:. T''fG:-con:r £l.7i6iJ."..' q TC . ' ' ··:5 ~"'C. ~ .. 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Moreover, "Lear was tried it for is stated only an act taking Ve conclude, granting repetitious The jury proved thereforep of instruction the instruction No. requested in part was not in questionQ that 1951. them that not guilty" 11 and misleading, instruction the offense first the accused they believed said datey (Italics or confuse added.,) told Jane Dove the on the 17th the jury had sexual should find held that 0 with -11- took the defendant were confusing No. 4~ which tends or which is contradictory should be refusedQ that clause charged instruction an instruction to intercourse the offense Tne two statements in conflict the jury given ''that then they and the first already must be to contradict years parts. her age in the £arm of a question that We have repeatedly to mislead in other on June 17 2 1951~ and in a following unless on or about is The age of Ogretta The instruction "must be satisfied" with the prosecutrix place that in the in refusing This instruction There was no attempt Putting error and misleading doubto" the jury was misleadingQ told was no error she was under the age of fourteen day of June, they there by accused4 been instructed that on June 17, 1951." Nor was there 4o "beyond a reasonable of the accused place that and confusing had already evidence in the brief of an 10 M~ J.P Instructio s~ �--:;J- •'-+"!·o _r·T,;C.~= ,.. 'T ~- 2JGS-C lOL':i:!12 OL (I~ f' ! ~- -~A • II _, .::...1.· - '' ,·... .. r'lfj:: -i t.,:c.c~ t - 4 :+ ~ 0.T -. ~ f~";'JC 1,0.f ~· 2 ~r;a .. ' J .... (rll ,P ·=---T -~ ccn2c- +J.;G O{ {Of;:::...Cf'ClJ ,\','.:.2 uo s .:.1:n-~Jr ;c -r , 'J ,...Jqi Pb,.,..,.. - ~l+ -~ ,'19 ~ ..., \.., • 1 ..,J -~ + or~ ~~ 1 -;.::~6(; {O:,: PJOI.60/\6:L 1 :.., . j c c·o·_,• n -c -'~: 1-r J1 ~ T I.,+ C"f9 -~,... i -fU 2 2 .f' -;-IJf'T.6 +9'!<=!" 0]".JC6 :ru ,fj.16 f,?,;rEf, .f.'OOr- c ~ .: rra -n•c·-r: +'.JG g cne l•G9L2 o;· 2-r:~-o;i +O .q,s I -1.P ., (' COl'fI.S"q~c; .I.:: fj :; 2 ·- ':_:JU(' "l T';Of - re c..f bs:-,.r-2· '! 2J6~ £:"'('< " -f./J':;L6f.OL6 OI.:J. - ' t.J _f-lrr rT-T ('t"- ~ fi!.f.ELC.O..,:::C:E, t. o~:-C,f-;£ s +,;, --·2.'Tfl ro••rr;,,.,i--· ~ . I -. c_-:'":-· 2 f-- "-- -:- "Or:r, .,':,. r.r ..._- J ..... co:rC,!1~6 N\92 ~"2 o:r..w O{ Ti.i J TI( r-, -r U--c .::_:f:LZ+J:0"" 2;-! c.·t; J- "~''- ' sa6 :-... I .I J ;'"C LA ,.,!..'1 C!r:-:::,c'E,G .:_ err o:.··_~,• ~-11 c;- US( :[T2fL!1Cf;ou 1•0. 01; c G{. ouqs ••-f- "i...~ o~,::€u:ri -~1T6 <U~' r-· {~Uq 2TJ0'1TC' i"!l'0CiI OrJ • ,1, -fG:J.'(T .f 2 .•· GI C C OUJ J 2-:- -; 11+F-:Lj'.' - +fJC ~,.6 (. TT MJ'~-c.,-;_i .rc1c2 .p. 2f!."'.L-+::·ou 1' 2;Jf.; /. 9' 2 -:·u 2-r.1.n saG• ,\ ,; ~ 9 O! C OU-f-I.Sc_: fC fCif I Te,:; + ~I~ ..: ._, 1,llJ(' [2 IJJ 2-f-T.JlC +·: OJV2 ~ ~ J ;C .f.• l,.,:."'!- r.," ! ~-'c·fT ~c ~I 'TC .... -f."S' -~ :c~~.'f. 0~ ~ ... 7 l'T ~ -~r- "(_ A. ~ C O"I pc:c. g-rk "-'-=>+-t-r.:o ·"' u!v?:~ ·1 ru·tc- Tr'••·" ·::_nuc; ~ Tc',:~~J:..fl-f-.f :f'J0 !1:L ~ O'J .. - '- J l, ·,r -~)- -~ T'J 2( .f:.·;:-,t..~-6C:11 f'IT9+ 6 - "'"·"" ~i· fl r~!-~)( ( -,- ..... c..:-i. . JO ~_. ,.., J:.C:': ;J 2C C".. o:;:. MP ~c-• rroJt! c~:~ :r,.._.-i nl"J-t>2~ ;}'~ + pG ~ ~' 2 ;pci .. ·c..2 '"7"' _.,, w·'" C'S! ....-~, ..c; --!· .i.; ~' ,,. l -HOJl; ~ re.' .f P6 ;_r<:: ,, C r uPCC'/ .fS( . - T, ,l ~ ,--, -9c., 2:µonyq E"i.J ~-u 2 _p·,nc Y~.o: 9' 2 IJO 3:-C~ r: 2 6T..T,OJ:. T , ~,nuc c:::: -rP(; .; 2 0 -.-'! - ~ +}JG -~ ii ~ e,, 2C +JJG.f- �- Lear 27, page 228, and cases citedo Instruction No. 4 adequately in- Vo Com, Record No. 41180 structed the jury as to the law applicable. No request the defense Fenner ~. Vo was made for an instruction Com.., 152 Va. 1014, 1020, 148 ing statement s. from the text established a prima facie of alibi, a reasonable case and the defendant is considered, relies While it is contended herently incredible, verdict is contrary create there before Katherine There is no merit by the witnesses but b as will~ when of the accused." us that the testimony oft Dovep was such as to be inof error or without in the contention. that evidence the to suppor The facts are not so extraordinary -12- not beyond and leave in the mind of is no assignment to the evidence has upon the of the evidence, doubt as to the guilt and her sister, v. page 56 seems to be that where the State nor by a preponderance the jury a reasonable related and Noblett E. 2d, 241 9 we approved the follow- and to such a degree of certainty, the whole evidence it. E. 821; the burden is upon him to prove it, doubt, such evidence, s. in2Am. & Eng. Enc. (2d Ed.), "The true doctrine prosecutrix to of alibi. 194 Va. 241, 248,72 defense relating and improbable e �-n..i:. Ie.t sup 9 s slds:,1 lqqs ic, ,. '!.n· ♦ 11.bn .l.-,::-91 "'•-...# " _, ill II t -~8 -v·ollo::- orlJ' t 11.:.w ' .. qs d .tud ._s::,nebl -9 n d t z 6 a i 9\V .,., q I? . f. ri:r ·_o e 8, l if I wsl l rlT l.iu .,3 'b~ 9, ,. c. ✓ ~c.,_ r ' -·• -d -:ron 1 2 fl'l02 ~v ".!G~ .sv , l t fd1.; b slds110J s rl;:>ua o:t bn be.J.sblarw:> 2 _.,f.19~. ;: s , :ln bl ·s •:,ua ,.( ·'l ' zl s J-duob eldsnoz ss:i: _·_j-n9.:i"no:) d.t nl - l- ,,_; t etb- L:s • ::,u 'f nI ..a s 99'I09b b" o.t o..i- as • $:Ol ~~lOI c '· • sa u ::>:>6 sri:: to I-"' .... S'l9bnoqs-rq yJ nl: sJ:i:e ::> :rn 9r[J- .6 "IU t .t 1::rnm on a .i e:rscC." 9rfj- -'-. ".J .J: .. o 1 �as to deny belief, nor contrary of the credibility of the witnesses determine» to human experience and they were adequately No question of corroboration The accused and correctly the verdict» instructed. was one for instructed is involved has had a fair the jury to that to effecte The jury was fully was sufficient and the judgment must be affirmedc Affirmedo -13- The questio 0 trial. The evidence 4 to support �c .t ' '.16 ~ n.im.csJ- o • J-~ yilur 26W y~ut 9 T ) .. l , 0 , �Sup. Ct. of App. Form 9-2M-3-28-51 VIRGINIA: .i,n :tte ~ o.ff.R.icl{m.o,,ulon :ti{,e Thursday ~ 22nd Noah Thomas Lear, o.f January, Plaintiff in error, Defendant in error. 1953. against Commonwealth of Virginia, From the Circuit Court Upon the petition supersedeas Court is awarded of Rockingham prosecution by the felony; said tioner but County on the 25th Commonwealth against if the said or to release A copy, Teste: of error by the day of August, is not to operate in custody, a writ rendered bail. I County. of Noah Thomas Lear him to a judgment supersedeas from custody, of Rockingham Circuit 1952, petitioner, to discharge his and bond, in a for a the petiif out on ��Novenber 21, 1952 In Re: Common· ec 1th homc...s Le r Hon. L muel F. S~itr, Justice Supreme Court of A~pehls of Virginia Charlottesvi le, Virgini Dear Sir: At the reque mitting ant, t of all counsel in the above cuse, her~vith, by Jr. Herry Blatt, of counsel the original record in the above Cfl.Se. I am trcnsfor appel Yours very truly, J. Robert Svd tzer, Clerk - �.r .L. I ,....t l - .,,l .. J.0 l e .t ..,fli C .. C C H, t • ''I l ) ~ ',1. . -4 • r ' , ... * Lt r :O Y., • l, r ... t l 'l'I 0. . J 1 ... H • 'I .l 'I 0 t. :) ... �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY CONHONWEALTH OF VIRGINIA Fel v. - Bail Bond NOAHTHOMASIE AR STATE OF VIRGI:t-!"IA,COUNTYOF ROCYI1WP..A!"1, to-wit: IT REMEMBERED,that BE NOAHTH011-1AS LEAR, principal, who justified me, Harry to his Blatt, ham, in the jointly State to the on oath of Virginia, of March, before of the me, came before said County of Rocking- and acknowledged to be held and firmly Cornr1onwealth of Virginia 1953, W L1NDAmool) G-BotUJ-£ Commissioner and severally, indebted and sufficiency Bail /O+k--- day on the themselves, bound unto in the just and and full sum of TdO THOUSANDFIVE HUNDrtEDDOLLARS ($2,500.00) to be levied oft and tene- ments, to the use of the Commonwealth of Virginia to the payment heir themselves, respective whereof their and severally, exemption well heirs THATWHEREAS, the day of January, by the 1953, Supreme Court the Circuit the 25th Court said yet day of August, 1952, pursuant to the verdict of the tentiary of this fendant having for of Error County, whereby jury on the pronounced against defendant to the said in him on was sentence, bo confinement a term of seven years, been committed 22nd and .Supersedeas Virginia said homestead condition: to the judgment of Rockingham bound jointly their upon this a 'v,rit o~$.~jia State waived Noah Thomas .wear was, granted to be rendered, representatives, each severally recosnizance; lands to be made they and truly and personal and they to this goods and chattels, in the Peni- and said de- Penitentiary of this State; ANDWHEREAS, on the by said Circuit Lear be let Court to bail 7th day of 1•1arch, 1953, of Rockingham pending his said County that appeal it said was ordered Noah Thomas in the foregoing sum, �VIRGINIA: IN THE CIRCUIT COURTor ROCKINGHAM COUNTY Fel COMMON1.vEALTH OF VIRGINIA v. Bond $2500.00 NOAHTHOMASLEAR Rail ~latt, Bail Commissioner For appearance before the Circuit Court of Rockingham County, Virginia, ten days after affirmation by Supreme Court of Appeals of Virginia, or ten days after case remanded by said appella~e court. Harry ,. �his recognizance to be conditioned NOW, THEREFORE, if his personal County, the appearance Virginia, uupreme pronounced said or, if case remanded, Virginia, Dove, personal ten days the child heard, and before shall said not 1952, obligation is finally by order of a competent burg, to be made at Virginia, and void; then otherwise GIVEN unoer court; Court said my hand this said / OK said force or hold- is and Court, until declared event, said the shall day of March, 1953. sai appear- be null and effect. the void County at Harrison- recognizance in full or indictment, and effect and in either Noah or further having it Jane said time of the House of said County, of Ogretta such other the case concerning whereof of or until the foregoing to remain rape the leave force Court of Rockingham thereafter with of Circuit may be continued in full disposed the Court Noah Thomas Lear said of age, or judge sentence day of August, day on which and at without to remain said before years charged, thence the statutory in connection indictment ance for any court depart 25th by days from~ by the Circuit Grand Jury proceedings ing any proceedings ten Commonwealth of Virginia thirteen said if from the Special on JU!le 30, to which then be affirmed to abide on the make of Rockingham Court to the appearance Thomas Lear would stand times Court order; shall within affirmed, 11..:.,~..., of the a female of said be remanded to answer the indictment is in said C:ireuit Court of Virginia, Virginia, of RockingharnAwi£hin is the sentence ppeals out Noah Thomas Lear him by said County, c~, the sentence said make his said before of against Rockingham shall if Court day on which 1952; the as set e �' IN THE CIRCUIT Fel Bond ~2500.00 Barry Blatt, Bail Commissioner For appearance before the Circuit Court of Rockingham County, Virginia, ten days after affirmation by Supreme Court of Appeals of Virginia or ten days after case remanded. by said appellate court. ail NOAH THOr.'JASIEAR v. COMMONWEALTH OF VIRGINIA COUR'r OF HOCKINGHAM cou~,rTY VIHGINIA: �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COIJl"J:IONWEALTH OF VIRGINIA v. Felony - Statutory Rape NOAHTHOMASLEAR ORDERGRANTINGBAIL 1 This for the on the by the to the verdict tiary of this of the State maturely the defendant fendant, for considered of Virginia, the said upon condition that Commissioner with good and sufficient conditioned for ance before this within to abide jury, said Court, Clerk surety if the sentence of Virginia and the 25th pur- Court of this motion, de- the and doth pending Court thereon; said of this against his said before in the to make his sentence for said pending a recognizance pronounced to in the Peniten- 19.53, that ten days from the day on which said by the of Error Supreme Court of Appeals to bail defendant defendant was sentenced, to bail said into the de- made by the attorneys in the to be let the a Writ to confinement grant for Court on the defendant be admitted doth or the the by the day of January, he enter Bail said appeal Court Noah Thomas Lear case the motion on the 30th of his that a term of seven years, Noah Thomas Lear, prosecution appearing 19.53, granted in this 19.52, whereby suant the attorneys Supreme Court of Appeals pronounced day of August, having and it 22nd day of January, ' judgment said and came also Noah Thomas Lear, and Supersedeas the day o f_.-.:!'.\::=::J.=•!=:!!1~~~~~-' 19 .53, came the Attorney Commonwealth, fendant, was, ~ ORDER appeal the sum of recognizance personal to be appear- Court be affirme, sentence is affirmed, him by this Court on ��cm the 25th to this day of August, Court, then appearance before which this case ginia ther the And it appearing it County, South~pton Farm, in charge of said attested deliver of Rockingham this transport his that said Farm, and thereafter the body of said be finally disposed of' and is presently being or other person in charge proceed forthwith which mall be his his receipt Sheriff safely surety to said kept ------~~ 4~A~•~·~·~·~►~,~v~~~----' an for so Sheriff in accordance ockingham Noah Thomas ~ear person authority therefor of of presented Noah Thomas Lear of to said or other upon being in there the Sheriff County shall to the Rockingham until and conditioned ENTER TLIS: -.,. such or fur- Virginia, shall, to be by him there with may be continued the Superintendant taking at Capron, shall order, personal Commonwealth of Vir- RDEREDthat and the said recognizance the Penitentiary, institution County, to make his 1 is further and that be remanded Noah rhomas Lear has been com- the body of said order; County Jail, into indictment Virginia, copy of this doing, said case days from the day on herein, of the Superintendent institution, ten the proceedings State this defendant to answer indictment at Southampton Rockingham with the to the Virginia in custody said if Court within to which until confinement the is remanded, heard, mitted said this concerning time or times for 1~52; or, Judge Designate. he shall enter as aforesaid. �i J • l �Commonwealth On an indictment vs. for a felony (statutory rape) Noah Thomas Lear This day came the attorney accused, by his Noah Thomas Lear, own attorney, persons from exception; said twenty and the accused four persons, Flook, under a writ G. Ralph Smith, J. Nicholas, deliverance the jury, struck verdict twenty and the names of for the commonwealth therefrom the names of Woodrow Lowry, S. J. namely: H. Miller, H. R. Coffelt, S. R. W. H. Heatwole, and G. R. Baylor, were sworn to well make between bar and a true facias, oontaining Glen H. Emswiler, Elmer O. Rodes, to constitute a list J. and and found duly qualified twelve, Jr., recognizance of venire who each alternately F. Myers, and the And from persons was handed to the attorney the remaining Ernest Mathias, whereupon, persons to his Harry Blatt. were examined by the court free the commonwealth, came pursuant N~xrudt,mx summoned by the sheriff for selected and truly John as aforesaid try and true the commonwealth and the prisoner render according at the to the law and the evidence. And it appearing to the Court that the charge read to the jury is not one a correct6thereupon, on motion of the attorney for the commonwealth, it was ordered attorney that said charge be vacated for the commonwealth thereupon Whereupon the court did not correctly accused advised state be found guilty the jury and directed corrected withdrawal charge the accused, of the attor~ey accused, by counsel, spectators be excluded And having completed continued until charge for charge read of the court I• ✓ the commonwealth, from the in allowing the hearing , Thereupon, in which motion that room during of the evidence tomorrow morning at :tJmx nble the of the xim:lfflill.x«kx~l!X was ordered court said to the jury by counsel,Aexcepted. it as read to disregard and the giving concurred, charge. to be imposed should thereupon to which action of the first corrected motion charge; the a corrected the first the jury and the clerk said submitted that the punishment and annulled;and A~,, all this herein, o'clock on the witnesses and trial. this case <teWAS ��VIRGINIA: 1"asonic .Jh tlie !/ujv,,:e,m,.e<ti'ow,,to/~jieal&. /ield at the ~66Vf/ f!Auddm!f Staunton in the c&tlf Of~Tt:7£ O'J'I, Thursday th,e 10th dalf Of September, 1953. Noah Thomas Lear, Record against Commonwealth Pla ntiff in error, Defendant in error. No. 4118 of Virginia, Upon a writ of error and supersedeas to a judgment rendered by the Circuit Court of Rockingham County on the 25th day of August, 1952. This day came as well Attorney General maturely considered and arguments and filed with complained of. and is hereby defendant expended on behalf in error about thirty reasons damages, as the having judgment stated aforesa in writing in the judgment and ordered the plaintiff dollars of the is no error adjudged and that her defense Defendant in error's Attorney I s fee Printing brief Total there is therefore Which is ordered Teste: that for by counsel, and the court of the record is of opinion, the record, affirmed, in error, of the Commonwealth, the transcript of counsel, It the plaintiff that in error and also the same be, pay to the her costs by her herein. to be certified to the said c rcuit court. costs: $50.00 37.20 $87.20 A Copy, Teste: drc;b~ Clerk d �--- �Commonwealth of Virginla: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................... . . ···•••••·•·•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ............... Og:r..~.t.t.i;; ....Jane ...D.oY~.,....Be.r.gt.on., ...V..ir.g.inia ...................................................... . ............... J~.~.$..$. ... D..o.v.e.$ ...B.~.rg.t.on.,...:V..ir.i;-;;inia.......................................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court Home thereof, at 9:30 o'clock, a. m., on the ......3.0. h ......day of. ..........................June...................................... 19 52., to t;stify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... .......................... ag~ins.t ............... lfQA ...T .oIA.S...IE .................................................................. . who stands charged with a felony fi.iftffji1r001f, And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ~~~~ t the Court Home, the .......2..4.th ...... day of .....Jµn.~ ....................19 .. 5.2,and in the.l.7.6.t c::..-TUE SERVICE PUSS, HARRISQN8UR.Ci,, VA, (_,A~;.t~t~~L...,-~~~~~~ �Cm.m~m lEALTH ) GrRnd Jm~y Summons v. - NOAH TBOMAS LEAR To June 11~2:rn I , • . 30, 1952, at 9:30 a.m. TllE COUNTY 01 AM B1 DELIVER G ~RUE COPY OF THE~ITH . • nA-9~~#; ~-: •• ' --~~~ o(J£W- #tl~~ .• A.l. STRAWIJERiAN·-,__ SHERIFF ROCKINGHAM· COUNTY - �In he Name of the Commonwealth of Virginia: l To the Sheriff of Rockingham County, Greeting: I Yo.~t are hereby commanded to Sttmmon...No.r.uu.. !!,.i.t.chi~....(B.?.~E.to.n,....'-.a.!'!). ...................... . lives ··········· ...................................................................................................... , '111~ 1th hub .. rd .. R1·t·ci!i'iEf; .. ·-io· d~ .. ·· i . .................................................................................................................. f.ro .... ur-0 t-on ..on ... ine .. ouni..~................................................ . .................................................................................................................. t .... to appear before the Judge of the Circuit Cottrt of Rockingham County, at the Court House thereof, at IO o'clock, a. m., on thil..8.t.Aday of .. ....A:u..cµ.$.t.., ................... 195.4. say in ....... ...... behalf of the Defendant ............ ....................... ~9. to testify and the truth to in the prosecution of the Commonwealth against....................................... . ... ~ r~~....~..~ ...~.~~-.! .............................................................................. .. ... who stands charged with and indicted for a felony ¥U'li7allo£ .. 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..4.th ....... day of ...A .t.~...... :. 19 •.52., and in the 1.7. ~~;/;;~~~o~;l.t• zl~ .. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ..N.orma. Ritchi.e County, Greeting: ...(Be.r.g.t.on, ....V.a...)....................... . lives with husband, ................................................................................................................. WiTla'fd ..Rft'chI'e·~· ..·10· ..mi. ~ ................................. ····•··· .. ··· .... ··· ........................................................... from·-B-ergton .. on .. ·Mine··Moun- ··················································································································t.ain ............................................... . to appear before the ]1,dge of the Cirrnit Court of Rockingham Co1,nty, at the Court House thereof, at 10 o'clock, a. m., on thel.8thday say in . . .. ... . .. behalf of the ... ... . .... . ... ...... . ..... Defendant ... ... ... .. of. .......Au.gu.st., .................. 195.2. to testify and the truth to in the prosecution of the Commonwealth against...................................... .. ~.9..<?:P. .. . ~.h9.W&.~ ...i.~c3,r .............................................................................. .. who stands charged with and indicted for a felony ~. And this yott 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 .....14.th ....... day of ...August, ........... 19..52, and in the 177-t:brar ot the Commonwealth . . ..... . .... ...., .................................. , Clerk �14 .v~ ...DEPlJTYSHER.IR' �------------------------------------------~ DESCRIPTION ~___Ycia,...., ______________________________________________ _ Last known address ____-~ Color__~----- Height~~~_(Q_ Marks _____ (({_./ ( Eyes--~---- Occupation ____'£,~- Weight_) ________ _ ---- ---- ---- - --- ---- -- -- --- - ---- - - -- - --______ ..__________________________________ _ __/ __ __(: __ _/__'!j. ___ "'.'.":. _____________________________________________________________ _ - Result_-1-1- Hair__~---- ____---- --- - -- -- ---- ---- - --- ---- ----- ------- Age ______k_ J_ ____ ____ Date of Trial_ ___£/ OF PRISONER _ ---~---~ _ ~ l _u. __________________ ---------------------------------------------- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: l' ~u are hereby comf:1anded to summon ............................................................................................................................. . .................... 1 .s.•..... J.e.ss.e....D.ov.e.~ ....B.er.g.t.on,....V.a.•............................................... ~..................................... . • Katherine Dove II II ····••··································································-·J ............................................................... . , --- ----····-················"'·······················································----·---·-·-···························································•·················································-···---· to appear before the Ju9ge of the Circuit Court of Rockingham County,a~ the C~urt House thereof; at 10:00 o'clock, a. m:.,oit-the .........18.th ............ day of... ....................... Augus t .................................. 19...5..~' to testify and the truth to-say in behalf of the Commonwealth against ......................................................... _...., .................................................................................. NOAH ...THOMAS ...LEAR ......: ................................................................ :".. who stands charged with and indicted for a felony J!IUHEllUmE And this you shall not omit under penalty. And have then and there this Writ. Witness, l'JD at th day of ···············•-Augus•t••······• 19 52 ...., and in the 1 .. THB , ..... ca Pl.EH, HAa.l.UONauac, ,A. ourt flouse, the ...Bth ..... . �'i ~ <I! ~ C/.l ~ 0 P:::l E--i WITHI 1:1 . a:! • .µ "' C\la:! Lf) --o .. O'>O rlO COrl rl t:/l .µ ::s ::s oD P:::l <I! a Z ~_,,,,,,c<t,,,, • u -. «/t:C/•2,-< ~• ' at ealtv'/'uef4ie. : l .~ ~~ a. ~~~ J ~ by delivering ,-.e...... &.................... . ---··• being a member of rs, and ~xplaining.tpe»urport th~,..,,_, In person, 1 ~XECUTE ~N THE COUNTYOr BY DEL~A TRUE a:! (!) s:: Cl) Cl) C/.l .g p.. 0 (!) s:::: :'.';OPYOF' ~ H .µ or! ~ • :> ~otrmdln I 0 ~ 0 0 true copy of thl~~~" -,,,,µ .~,£,6,14,,, ho .... usual place of tM-tamlly abov ,1.'°' -~~~A'lhl, �In the Name-of the Commonwealth of Virginia: To the Sheriff of Reckingham County, Greeting: You are h reby ~ommanded to summon··················································••··············-·························· ..•.......................... ' ........................ • .................................................. . ............................... Ogr.e.tt.a ....J.a.ne.....D.ov.e., ....Be.rgt.on., ....V.a.•.... Jesse Dove, Bergton, Va . ............. •••••••••If•--••••••.,.••• .. •• .. ••••••••• ·················································,fl#····· ........................................................................................ ,.,-•--•••••--••••••n•nn•n•n•n•o•uuuuuu•••• ~······················································································--·.····································'··················· to appear before the Jucfge of the Circuit Court of Rockingham Cotmty,at the at 10:00 o'clock, a. m., -on the .......18.th to testify and the trut~ .............. day ourt House thereof, of.. .........................•J..~US.t .....:...................... ,..19 ..5.2, say in behalf of the Commonwealth against: ....................................................... . ........... ,.............. ••............. NOAH....TH.OIMS....LEAR............................... ~.......................................................... . who stands charged with a11d indicted for a felony~ "W' And" this you shall not omit under penalty. And have then and there this 'Writ. Witness;J..~~~at the Court House, 'the .....7.th .... day of....... ugus..t ................. , 1952 ....., and in the TH• ···••cara,ss, HAkl.lSONBU&G, ...... ., �of thi~ -I .,~ .. pl " ."' ,~... , _;,-c-,nily..,, ,,a , ., T:\I ,:,lace of abode, ~ ~t r Executed _____ IJI/-R .,no, aog ex.,,.-' at s;&~ -~--- ·" ~u~ ...o. by delivering'{ at • s • • llJ .. OCJ1 Oro .. co 1-1 "' 0 I-' ::i:, llJ ~ CD 0 'o (/l ~ ;::=., 8 p:! 't--1 > itrj 0 1:"'- ,.:i a u::n.1•- g. to to ~ ~ 1--'• ct- .this t--1 trj :i> ~ (/l • ..__.. .by delivering en llJ I-' ct- ct- ::r:l 8 0 C/l ~ cr-i ~ fI1 :i> Cl 0 "I ____________ , being a member of exnlaini1uz- the ouroort U,arA,., • 41/ .._,.Or/."-.............. be,...,,;:r"' "'"' in person, --.,.,..:,---71"' usual place of abosJ,J,N~---/;:/11:.I!.~,::. ·,1it'family abov.e !Fieage of 16 years,t1nd • ., ho..-. ~ I!, true copy ~ �• V,¼·~~ ~~ .. e-.:~UJJ utr..·~, -~~ v. ~ w~--rk--, IL ~ /°IJ>F ~ ~ f-~ y£ / I ., P- I CJ ~ _ ':!.A,___() ~ ,,__ ~ -fl-.-. ~cl~ ~ 1)--f'--< J'~ V,.,·y:,-· .. o-.-.1.~ ~ LQ ~ 1 /CJ J ~b ,,... 1 A~ t..::.,__•., ~ ~-,~-~~~Le~ ~~ • I I.,,> A,/ -{. t;,J ~•~ /D ~ ~ . . ~ ~ ~ -f,, L,, --·.f ,-<~j- -"'-, "" ~ :1./ • 1 tern, -J,,,-rG.. ~ (} ~~ {) I.:, -..t_ ~ .' /qrj ~/ f---·o-R ~-r-/-t·~ ~~ ·~ ,3,/ ;, J 0 tr /)EKE} ~ ~ ~ ~ 1 'f1.....s~ -;-t,-.-;, 73 J ~ ~-w ~ D71< y,_~ 0:~ -rt-- .J'J.--b f fL--· f4..J-·~ 1o ~ ~ 'fl..,. ~~ r..,.,-.,• ... 1) I ~ ~ ~ c.-r-----"~ _,,__1'~1 e--1f'L..,I. l L. -~ .;t... ..,_,,_.t... -~ .-u,... L:.. ,,..._•.J ye.,_ +'-<'c)"->o{~~ 1--, s~ :i.t /,,,n ~t..... .: -'-·-kA~ to r.4..-• .f . . S'-fr,.;k,fD-..·-/e..J.-.d ~ l \ /Jl✓ 1 fl-<-ft:. 71, K -4-. �__ _ _,_ ~ - r - I iI. I +- t r I l I I --+___;____ + 7 - �CHIEF JUSTICE. EDWARD JUSTICES· JOHN W. HUDGINS SUPREME C. VERNON SPRATLEY ARCHIBALD C. BUCHANAN WILLIS LEMUEL KENNON COURT OF HOWARD APPEALS G. TURNER CLERK W.EGGLESTON 0. HUBERT OF VIRGINIA MILLER F. SMITH Richmond 10 October 3, 1953 C. WHITTLE Clerk Mr. J. Robert Switzer, Circuit Court of Rockingham County Harris on burg, Virginia Dear Mr. Switzer: The case wealth disposed of Virginia, of in this the original of Noah Thomas Lear v. CommonRecord No. 4118, court, having I am returning been herewith record. Please acknowledge Yours very receipt. truly, Clerk HGT-h Encls. D. BENNETT EXECUTIVE SECRETARY ��Sup. Ct. of App. Form 9-2M-3-28-51 VIRGINIA: fin t>¾,offR.i&nuuul in t[e eoLWt !Re S,u,p,rc~ an 4 Ltrr~ KJd a1 ~ eau,rt-~iE,,.a,,-~ fltul'c~ ~~ tfk ~h of , ,.. .lt V Q .• . 1iri, 't 0 l"t Court. or ... tion ro . f lo ticn fro::· • ~ '\00~ ,I n lreui 'r'O . tho sa. (W.&te· d .u tion 0 hi 0 ,. rr. , u.. ;I 0 .:o h t- ~ r !. i\,, l 0 ror .. • r r Tho~ .. nd •l -:-.:.·::::::_ on l ' e y ,. ... 11 e t Q " 1a p ., to 0 to "', or to l Q ro L C O.~ d, 1f t .. out on ��G. STANLEv CLARKE l'I.ENNET'H J. LINDSAY ALMOND. ATTORNEY 0 JR. GARDINER C. C~AVPJON GENERAL HENRY Tt-lOMAS OFFICE OF THE ATTORNEY GENERAL CLARENCE Mr. H. G. Turner, Supreme Court of Richmond Virginia Mr. 30, Noah Thomas v. Commonwealth Lear of Virginia Turner: the above styled of the Attorney included therein Referring to the printed record in case,this is to advise that the office General desires nothing further to be than has already been designated. Very 16-25 1953 Clerk Appeals Re: BOWLES T. GRAY M. MILLER F. HICKS ASSISTANTS RICHMOND January TYLER,JR. T, WICKI-IAM FREDERICK Dear C. PATTY sincerely yours, ��otltrk's ®ffi.ct <!LirruitC!tnurtnf Jnrking4a:m<!tnunt11 HON. HA.MILTON TWENTY-FIFTH HAAS. JUDICIAL HARRISONBURG, J, ROBERT Dl!'PUTIES JUDGI!' ~arrisnnhurg, 1!lirginia CIRCUIT VIRGINIA SWITZER, HARRY MARGIE MARGARET CLERK December 23, 1952 Hon. Lemuel F. Smith, Justice Supreme Court of Appeals of Virginia Charlottesville, Virginia Re: Commonwealth v. Noah Thomas Lear Dear Sir: At the request I am transmitting of Mr. Harry Blatt, herewith of counsel the original for appellant, record in the above case. Yours very truly, Jc-tf,L,J,~ J. Robert JRS:mb Switzer, C~ LEE BRYAN BOWERS B. WENGER �). �HAR.RY BLATT ATTORNEY AT HAR.R.ISONBURO, THE NATIONAL BANK December BUILDING 23, 1952 Hon. J. Robert Switzer Clerk of the Circuit Court Harrisonburg, Virginia Re: LA·w· VIRGINIA of Rockingham County Commonwealth v. Noah Thomas Lear Dear Mr. Switzer: At the request of all counsel in the above case, the original of the record thereof was transmitted to Hon. Lemuel F. Smith, Justice of the Supreme Court of Appeals of Virginia, at his office in Charlottesville, Virginia, on November 2+, 1952. The purpose of transmission of the record was to permit an application for bail on behalf of defendant pending his petition for a writ of error. The application for bail was denied and the reoord was returned to me to be transmitted again when the petition for a writ of error was filed. You are therefore requested, pursuant to Rule 5:1, Section 7, to transmit said record to Hon. Lemuel F. Smith, Justice of the Supreme Court of Appeals of Virginia, Albemarle County Court House, Charlottesville, Virginia, on the 23rd day of December, 1952. A copy of this letter has been mailed this date to George D. Conrad, Esq., Attorney for the Commonwealth for Rockingham County, Virginia. Very truly Harry HB/lm yours, �p �QU.erlt' s @ffut <!rirruit<!Lnurt of ~nrking4am <!rnunt}! HON, HAMILTON TWENTY-FIFTH HAAS, JUDICIAL HARRISONBURG, J. ROBERT DEPUTIES JUDGE ~arrisnnhurg, 'llirginht CIRCUIT VIRGINIA SWITZER, HARRY MARGIE MARGARET CLl!RK November 21, 1952 In Re: Commonwealth vs. Noah Thomas Lear Hon. Lemuel F. Smith, Justice Supreme Court of Appeals of Virginia Charlottesville, Virginia Dear Sir: At the request mitting ant, herewith, the original of sJJ caunsAl in the above case, by Mr. Harry Blatt, record of counsel I am transfor appell- in the above case. Yours very truly, ~~~ J Mabert JRS:mb Switz.<f, Clerk LEE BRYAN BOWERS B. WENGER ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA REQUESTFOR TRANSMISSION OF RECORD v. NOAHTHOMAS LEAR TO THE HONORABLE J. ROBERTSWITZERCLERKOF THE SAID COURT: The undersigned, for the request all the Commonwealth of Virginia the Honorable of Virginia, Virginia, being Clerk to transmit Lemuel F. Smith, Albemarle Counsel the Justice record of said of the this r 18th case, case and hereby to the Supreme Court of Appeals County Court House, our hands the Appellant in the above styled on the 22nd day of November, Given under for Charlottesville, 1952. day of November, 1952. ~dunselforAppellant.__ ,,,,,.... ttorney for the Commonwealth for County of Rockingham Virginia ii the ��LA'\V tO>lFFICES GEORGE lllIARRISONJBIUR<G CONRAD 0 VA. Court House November 21, 1952 Honorable Lemuel F. Smith Justice of the Supreme Court Charlottesville, Virginia of Appeals of Virginia Dear Sir: Ir- connection with the case of Virginia V. Noah Thomas Lear, notice on me by Counsel for Lear that they before you on Saturday, November 22, ville that the prisoner be admitted Commonwealth of has been served will make a motion 1952 at Charlottesto bail. On behalf of the Conrraonwealth, I wish to object to such motion. T,e['r rrns found guilty by a jury and after the verdic.: vrns returned a motion was made that he be admitted to bail pending application for a writ of error. Judge Haas refused to take such action, but stated that he might reconsider the matter in case an appeal was allowed. The motion v1as not made until several days after the trial and Lear had already been sent to the peni~tentiary. Under the circumstances, the Commonwealth feels that this man should not be admitted to bail at this time. GDC/dl ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY Filedin the CO~Il10NWEALTH OF VIRGINIA r ork\ Of ice Ro\,k'rrI .:l., ~ 0 11 1952 ) v. fe</r~~ NOTICE Cler NOAHTHOMASLEAR TO GEORGED. CONRAD,ESQUIRE, ATTORNEYFOR T{E COMMONWEALTH FOR THE COUNTYOF OOCKINGHAM, VIRGINIA: You are hereby notified that November 21, 1952, at 10 o'clock Rockingham Virginia, Virginia, bail County, to admit pending Appeals his a.m., then petition for to be sitting and further and you are further notified such motion be not made, November 22, 1952, awrit then a~ 10 o'clock a Justice if office in the Albemarle ville, Virginia, to admit Given under our hands said this County Court proceedings v~unsel thereafter; be denied, will, or if on Saturday, of Appeals Lemuel of Virginia, House·, in Charlottes- Noah Thomas Lear 18th to to Supreme Court of move the Honorable of the Supreme Court at his Court of at Harrisonburg, such bail the undersigned a.m., on Friday, Noah Thomas Lear, of error appellate that will, move the Circuit the above name appellant, of Virginia, F. Smith, the undersigned to such bail. day of November, for 1952. Appellant I certify that the foregoing Notice was served on George D. Conrad, Esquire, Attorney for the Commonwealth for the County of Rockingham, Virginia, by handing him a copy thereof, this 18th day of November, 19520 �---, ____,,, �Filedtn the C!erk'sOfqc Rockingr:,,1;c,· . • "✓., r ov 17 ,952 ~~~ Cler VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COl\IMONWEALTH OF VIRGINIA v. ) DESIGNATIONOF PARTS OF RECORDTO BE PRINTEDON APPEAL NOAHTH0!-1.AS LEAR TO THE HONORABLE J. ROBERTSWITZERCLERKOF THE SAID COURT: Counsel by designate for appellant the following in the above parts styled of the record criminal that case here- they wish printed; (1) Indictment with return of Grand Jury thereon, filed----------------------June 1 ( 2) Order of Court / I 30, 1952------Page 2 of record ________ June JO, 1952------Page 3 of record on re- tr~d~:-~:~~~-~~::: (3) Order of Court on Arraignment and Plea of Defendant, filed--------June I (4) I I Order of Court on first day of Trial, filed------August to Jury (first), (5) Charge filed--------------------August 30, 1952------Page 15, 1952---Pages 3 of record 4&5of record 18, 1952------Page 6 of record 18, 1952------Page 7 of record ( 6) Charge to Jury (second) and original of the Jury's verdict, filed----August I (7) Instructions granted, filed--------------------August ? 19, 1952 I a. Instruction 1 -----Page 8 of record I b. Ins true tion 2 -----Page 9 of record Instruction 3 -----Page 10 of record d. Instruction 4 -----Page 11 of record eo Instruction 5 -----Page 12 of record f. Ins true tion 6 -----Page 13 of record I c. �.,_ �(8) Instructions refused, filed--------------------August 19, 1952 g. Instruction 7 -----Page 14 of record h. Instruction 8 -----Page 15 of reco~d I i. Instruction 9 -----Page 16 of record I j. Instruction 10 -----Page 17 of record I I I (9) Order of Court on Second day of Trial (containing verdict) filed--------------------August 19, 1952-Pages 18&19 of record (10) Assignments of error, filed--------------------August 19, 1952-Pages 20&21 of record (ll) Order of Court overruling motion to set aside the verdict and imposing sentence in Accordance with the verdict of the Jury, filed--------------------August 25, 1952-----Page (12) Notice of Appeal and Assignments of Error, filed-----------------September B, (13) Written statement in narrative form of Testimony, filed--------October bus ticket (both sides) (described in and introduced during Testimony of Alfred Lee Dove), filed-------------August 22 of record 1952-Pages 23&24 of record 22, 1952-Pages 25-33 inclusive of record (14) Exhibit 18, 1952-----Page 34 of record ~ -------- I certify I \To Be Printed that the foregoing was served i'For The Connnonweal th for handing him a copy thereof, Designation on George D. Conrad, Of Parts Esquire, the County of Rockingham, this ~t Attorney Virginia, 17th day of November, - Of The Recor 1952. by \ �\: J } ) ., �J P. Bell Co.-No. B•500 ~ommontuealtb of l'irginia In the......... C..lr.Q:ui.t. ................ Court of the ....... 9-5?.@.t.Y. ...9.f.JW.GJ\lNQ~ ..Commonwealth .. of ...Virginia ......................... . ................ vs.{ NOAHTHOMASLEAR TABLEOF CONTENTS Date Filed Name of Paper Warrant of Arrest Recognizance on side, return of and certificate Justice) Page (with reverse sheriff, of Trial May 9, 1952 1 June 30, 1952 2 June 30, 1952 3 Order of Court on arraignment and Plea of defendant June 30, 1952 3 Order of Court of trial·, on first August 18, 1952 4 Charge to Jury ( first) August 18, 1952 6 Charge· to Jury ( second) August 18, 1952 7 Indictment with return Grand Jury thereon Order of Court Grand Jury on return of of day Instructions Instructions ' (refused) August 19, 1952 8-13 August 19, 1952 14-17 Order of Court on second day of trial (containing verdiet) Assignments of error August 19, 1952 18 August 19, 1952 20 Order of Court overruling motion to set aside verdict and imposing sentence in accordance with verdict of jury August 25, 1952 22 Notice of Appeal and Assignments of Error September 23 Written Statement in Narrative Form, of Testimony October Exhibit August 18, 1952 Bus Ticket 8, 1952 22, 1952 25 34 I .... J .•.. Ro.1?~.~t ..e}~Jt~.~£ ....................... , Clerk of the abov~ mentioned Court, certify that the papers listed above and filed herein, are the original papers in the above styled case. Teste: ft~¢~ Clerk �---, �Comp. ~~· 18 m STATE OF VIRGINIA COUNTY OF R l NGHAM No. 9643 A_ To-W,t TO ANY SHERIFF OR POLICE OFFICER: Whereas, Jesse Dove ________ ,,+~~ u~ _...~~~---------- J.C. has this day made complaint and information on oath before me, Swartz, Clerk of the (Name) Trial Justice Court of the said County, tha._ _____________ _ (Title) NOAH THOMAS LEAR, Conicsville did on the 17th one O retta to-wit day Jane of the 1___ . Dove 0 child a e of thirteen did make an assault and feloniousl and her did carnall of the 19__g__L:~ in _;:Jc....:un=e=--------· a female the under ears 13 said V_a~•-____ the know and abuse and u on age of sixteen.years unlawfull Ogretta in the said County and feloniousl_y Jane Dove a ainst unlav1fully__ _ the peace and Co ,onwealth. These are, therefore, Ii() . command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said C unty, the body (bodies) of the above accused, to answer the said complaint and o e urt 1er eat wit accor 1ng to aw. n you are a so di rec e o summon color ____ Address __________ color ____ Address ---------------□ color ____ Address __________ color Address color ____ Address ___________ as witnesses. Given under my hand and seal, this -1- _ _ -□ -□ -□ _ -□ �in and for the y aforesaid, State of Virginia, do certify of at • ~•O O M., at --=-.L:.¥-.f2!:::C:::J!:'.!~~!2=::=a.;.,s.,~--,Virginia, and at any time or times to which the pr may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge m this warrant, to answer for the offense with which he is charged, and shall no epart 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_?g~~--+-------,----,-, 19_-.:? ff~~ .. ~ ::r Ill ::s 0.. c+ ::r I-'• cn 1-3 • "' ::s p.. c...., $ 0 H) (") 0 ..:J 0 E " X r, ..e. ..:J 0 Ci 0 .... "' "' El El 0 en C El El ..... ~ ::, ...... ~ '%j ... ... ... e. "P> ::, ~ ::, > ... ... i:i. e. ... .... ::, tc ::, 0 IJQ ::r ..., > 0 ::, " '< ~ ;.: ::, ;:. ., ;:. ;,;-- ::, "' ... n... "' ... "' " IJQ .. c:,. > .,., " ~ ~ Ci tc ~ ..., ., §.: "C 0. ;. ... en· ;. " e, ::s 0 H) 0 ~ I-'• < 0 'i Ill £.. (') ;. " f-1• f-'• CD 8- ~'"d I-'• '1 0 C 2'. ::, r, -" ::r (') i c+ CD p; I= 0 ;:;: I-' CD _. -, Ill ~ ::s O" ::,., "' 0 f;. IJQ H) I-'· Ii-' ,ll ~ (') i ::x: '° ~ 0. "' '< £.. a"' .," 'O ::, "e. C. c:,. "' '< £.. '< <: ::;· ~ ., IJQ er IJQ F' F' ~ ~ 0 "' 5· 'O 'O ""' ., - er -fl'> 0. "' "' I • . Vt."' .... . °' 8 0 \n 0 0 -.J . . .... Vt 0 "' Vt ..., " " p;· £. 0 ..., .., (') -n-. ...... C ri en C 0 ~ IJQ "' "' ~ . ."' .... 0 0 ::,- s· g-::.·~.... " ::,... Ul 1-:) {ll I-' "., ";. 0 £.. ., "' t:rl E:': > 0 1-:) ..... z..., a: z ~ a: p 0 0 ..... 0 >rJ z '-0 (/.l > ~ ~ ~ °' t:rl \.,J ~ > tTl :> en ..., t"' ..:J .... C 0 (') ~ ~ 0 0 l-1 H) ti 0 ....., .. _ ~> (') ~ .,"' ., < !" ;; ~l'Jl (j) er tTl CDO'Q ff, '%j 1-J., J.P. 0 llli '1 c+ ::r ::s ::s llll-'•O.. C oo::scn -o f-1• 0.. c+ 0 < (') ::i-9::i CD C.....Ill CD ::si::cn11;. N '1CD<I> <> • i:: '<: ::i • t,-J• a' en CD 0.. c...., CD I-'· en ::s '1 "' "' ~ /) C..... i:: (") 0 days Ci 0 C ""' ~ ;::. .," 0 ... ,...," 0 r Ci 0 C ::, .... :.< r, 0 ::, IJQ ;:.· ... 0. �STATE OF VIRGINIA, COUNTYO:Ei' ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand I jurors of the County of the of Rockingham County, that NOAHTHOMASLEAR, on or about said County, child of thirteen assault, force under and her, the the of the jury the 17th said Ogretta the body the Circuit upon their oaths Court day of June, years, to-wit, and feloniously Jane Dove, know and abuse, 1951, in Jane Dove, of the age did make an unlavrfully against of do present in and upon one Ogretta age of six teen unlawfully in and for the and peace and Commonwealth. indictment Dove and Jesse 1952, and arms, did carnally This grand June term, (13) years, feloniously dignity with of Virginia, and now attendine; said a female at its State is found Dove, vii tne sses to give upon the testimony sworn in court of Ogretta and sent before Jane the evidence. 0 �) COTIIMOHWEALTH v. r INDICTMENT Dove Foreman 1952 NOAH THOMAS LEAR bill: Term, . FELONY June A true ~HTNESSES: Ogretta Jane .Jesse Dove George D. Conrad C orrm10nwffilth 1 s Attorney �Circuit Court of the County day of June, in the year of Rockingham of our Lord, on Monday, the 30th nineteen hundred and fifty- two. Present: R. S. Bowers, Warren, T. L. Yancey, special grand jury, John M. Funkhouser, Jr., ing to law a special having received room to consider into court as true their Albert Prentice the following herd; and having completed Carper; said special grand this term of court. jury for Commonwealth vs. Merica; Commonwealth Edward Roach and McGraw; Common- Commonwealth vs. Russell is excused until On an indictment for felonies Commonwealth vs. George Kyger; the business to their some time returned Commonwealth vs. Elliott vs. Welton D. Waller; retired indictments Commonwealth vs. Joseph Melvin Rankin; wealth and after Commonwealth vs. Bennie vs. Mutt Riggleman; and with and sworn accord- of the Court, presentments, Commonwealth vs. Noah Thomas Lear; day came as a impanelled Commonwealth vs. Charles Lee Carr; this in and for the County of Rockingham, the charge and presented bills: jury Judge. term of the court, were examined, grand Haas, W. C. Long, George E. and T. M. Harrison summoned to this R. S. Bowers as foreman, and after Hon. Hamilton before Claude them at this and unless Sheptime, recalled at Commonwealth vs. a felony (statutory rape) Noah Thomes Lear This accused, by his day came the attorney Noah Thomas Lear, own attorney, indictment, whereupon, said the court came pursuant Harry Blatt. accused fixed for entered the_ commonwealth, t9his And being a plea and the recognizance arraigned of not guilty the 18th day of August next and on the thereto; for his trial. �) ) �I At a Circuit of said Court Court, in the year of the County of Rockingham, in said County, of our Lord, on Monday, the 18th one thousand two, and in the one hundred at the Courthouse and nine seventy-seventh Present: day of August, hundred year and fifty- of the Commonwealth. Hon. Hamilton Haas, Judge. Commonwealth On an indictment vs. for a felony (statutory rape) Noah Thomas Lear This day came the attorney the accused, Noah Thomas Lear, and by his own attorney, by the sheriff examined tion; under by the court whereupon, was handed to the F. Myers, Ralph Smith, Elmer o. stitute struck twelve, Jr., J. Rodes H. it verdict appearing a correct wealth, thereupon, was ordered and the attorney corrected first charge. charge imposed for should that selected sai~ the charge said charge -4- correctly Flook, Ernest try deliver- at the bar and And to th.e jury thereupon advised and true the evidence. be vacated state G. to con- read be found guilty persons, as aforesaid of the attorney Whereupon the court accused persons Nicholas, and truly the commonwealth as read did not were John J. to the 1 wand on motion that twenty S. R. Mathias, W. H. Heatwole, according to the Court one, it H. R. Coffelt, the commonwealth and the prisoner render persons and .ftee from excep- Woodrow Lowry, S. J. iller, summoned the names of four were sworn to well ance make between twenty qualified therefrom namely: recognizance the names of said and G. R. Baylor, jury, facias, and the commonwealth and the accused Glen H. Emswiler, the a true for to his And from persons of venire containing attorney who each alternately the remaining Blatt. and found duly a list the commonwealth, came pursuant Harry a writ for for is not the common- and annulled; submitted the jury a that the punishment and directed the to be the jury �-- ..::....·~-- _· \~ \, �to disregard said the same, and the clerk corrected charge; the withdrawal of the charge the accused, on motion to which action first by counsel, nesses and spectators trial. And having charge by counsel, of the attorney the accused, for completed until giving it corrected Thereupon, in which motion that all wit- room during of the evidence tomorrow morning jury in allowing of the was ordered from the court the hearing to the and excepted. the commonwealth, concurred, read of the court and the objectt.d be excluded case was continued thereupon at nine this herein, o'clock. �j �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA: COMMONVvEALTH v. ------ ·------ NOAH THOMAS LEAR If you find statutory and fix a period If rape, his the accused, as charged/in punishment of not less you find CHARGET O JURY Noah Thomas Lear, the indictment, at confinement than you will of say so in the penitentiary one nor more than him not guilty, guilty you vrill twenty for years. say so and no more. 0 �• - �IN THE CIRCUIT COURT OF ROCKINGHAMCOUJITTY,VIRGINIA: COMMONVv'EALTH v. CIL.\RGETO Jl.JRY NOAH THOJ/IA S LEAR If you find rape, as charged punishment or for the accused, in the indictment, by death, you will or confinement any term not less If you find Noah Thomas Lear, than five him not guilty, f: •I ~I,,"' { of statutory say so and fix in the penitentiary his for life, years. you will 't~ /hA- .::/, 7l,U,,-..- say so and no more. #1'-n •~ ~ 1~~ ·it'-' ~ J..' ' J ~ /4 ~ , r1-- -1- guilty "1-,,, / ( �. ~ ,,.._.,- ...·,,;.;~;_ ,, ,4' )\· '\., ·;\, , : ,. �COMMONWEALTH v. INSTRUCTION The Court instructs / l / I / / / case is of itself defendant, guilt; the jury a mere accusation and is not of itself, and no juror the defendant, should because I ------that the indictment or charge any evidence perm.it himself or on account against in this the of the defendant's to be influenced of the indictment against in this case. D ��COMMONWEAL'IH v. NOAH THO,MAS LEAR The Court to be innocent defendant , ~ the indictment able instructs by the the jury until the law presumes he :lsproved Commonwealth, and to the exclusmon doubt, that guilty by evidence of every the as charged beyond all reasonable in reason- hypothesis j consistent with with his the defendant stage thereof, the case, accused the \ strong, the greater the charge guilt the entire having weight doubt of the guilt it is by the evidence to prove their duty him not nor is it of the evidence to warrant in his beyond all sufficient supports conviction, reasonable to guilty. of the defendant, to convict, but at every of the essential of the guilt or preponderance goes of the evidence of the doubt and find sufficient in the indictment, must be proved all him in the indictment, or the probability 1s not and applies or as to any fact the benefit of innocence case, heard have a reasonable the defendant however if after made against Mere suspicion \ and if, jury Th.is presumption throughout upon tlle whole case, the charge give innocence. his doubt. �,.. �COMI,10:f\nNE.ALTH V •. NOAH TTTOMASDEAR 3 INSTRUCTION In considering burden the whether of proving Court the instructs nor its is founded on reason, and reasonably essential the guilty beyond jury must limit its trial of this is to say, for overlook doubt is the sufficiency The jury of the proof can you go beyond fact to be confused that a man must and reasonable such evidence such doubt. charge, presented go beyond with or possible of the evidence cannot which and material conceivable, the natural the word a doubt law does not say to the doubt, as may be honestly and is not imaginable, including reasonable such a doubt charged, consideration to be drawn therefrom. nor not A reasonable every upon the doubt, you should doubt, case, beyond as to any substantial In passing create that offense or possible be proved accused meaning. that Commonwealth has met its of the jury entertained to prove imaginable guilt the "reasonable" or not the the at the inferences evidence to find to inferences of guilt. Furthermore, arising the from lack questionable material and not should of evidence, proof fact jury bear from conflicting of any particular essential a mere doubt in mind that fact, to the proof testimony, should of the guilt concerning.immaterial any such doubt or from be a doubt of the of a accused and nonessential circum- stances. r- 1 If, after evidence, a reasonable your minds you from reaching then left a convinced belief has failed If, hand, on the conviction other of all of the reasonablo the truth doubt. consideration in such a state the commonwealth consideration all are and honest of doubt guilt to meet its after evidence of the of the of all as to prevent of the accused, b~wden. an impartial and reasonable in the you have charge, of the case, you are then an abiding satis£ied beyond �r· �COivTh10NW~ALTH V LEAR - ----' ,,,.,✓ ,,.,..,.. ..... ✓----- / / INSTRUCTION The Court evidence Lear, beyond instructs the a reasonable had sexual she became 14 years guilty regardless accomplishment act was done with punishment act that of age, force and regardless with - I/- her consent, the charge from the the defendant, Noah Thomas Jane Dove at any time you shall or not or without in accordance if you believe vii th Ogretta of whether of such that doubt intercourse before jury + find the defendant was used by him in the of whether and shall to the jury. or not such fix his �r • �v. NOAH THOMAS LEAR INSTRUCTION The Court instructs on the evidence al though that jury that of the prosecuting such evidence corroborated the witness, Ogretta may be uncorroborated only in part, the defendant you may convict is guilty if the jury beyond all believe the defendant Jane Dove, in whole alone, or may be from such evidence reasonable doubt. �-- -- �COMMON1 IEALTH v. NOAHTHOMASIEAR INSTRUCTION The Court is a question instructs exclu the ively jury for the to determine from the appearance their manner of testifying, their testimony, intelligence witness result or lack to the of the circumstances more worthy testimony, their of credit and to give and the the reasonableness if appearing - jury; candor of intelligence, if the credibility any, any appear, on the credit and fairness, interest accordingly. stand, their other of apparent of the of the witness determine the relative the right and consistency and from all trial, and what is on the the relationship the of witnesses jury have of the witnesses apparent parties, trial, that in the surrounding •rbich witnesses weight are of any such ��COMMONWEAL TEI v. NOAH THOMASLEAR -----1 INSTRUCTION The Court instructs the one easy to ma.ke and hard innocent, complain failure circumstance likewise at the earliest of any adequate tending to establish was with her of rape consent. \ -1✓ - to moment and that at the earliest possible or excuse her testimony if a sexual is by one, be he ever so possible explanation to discredit that the charge the one making such charge to make such complaint and absence that to disprove and the law expects thereof jury intercourse a moment, therefor is a and tending was had it ��COMMONWEALTH v. NOAH THOMAS LEAR .._,..,,.,.. .,,. ,,,.,/ ,,..The Court tb{evidence that / /2ionths her in favor I I \ the delay of the R i offense satisfactorily my be taken that if delayed I to make known the alleged such jury the prosecutrix and she has not delay, / instructs for believe about committed explained into they the '"consideration eight against cause of by the accused. ~...,, from ~~ d/t1/ 1-///~ 0 such jury, ��COMMONWEAL 'IB v. NOAH / ,.,/' 7 --,---- INSTRUCTION ./ The Court instructs the jury that before the defendant ,/ / can be convicted of the offense they must be satisfied // able doubt Jllne--: ~ I Ogretta 1951, under defendant I that from all intercourse instructs the jury offense charged took place find the evidence the age of 14 years, had sexual the defendant in the indictment, beyond a reason- Jane Dove was on the 17th day of further should charged that that with her, unless on or about not guilty. on said the and the Court they believe said date date, that then the they ��COMMONWEALTH v. NOAHTHOMAS IEAli /o -------- ,,1' ,// / INSTRUCTION ✓ f' // / I I I I The Court ins tructe evidence indictment prosecuting scrutinize that the crine in this witness, the jury charged case rests Ogretta her testimony that against alone if it believes the d efandant from the in the on the wvidence of the Jane Dove, then they should with great care and caution I f i i J �- �• ·-., Circuit Court ·~ , I,~",...,: of the County of Rockingham day of August, in the year of our Lord, •• ·.:.. .-- on Tuesday, nineteen the 19th hundred and fifty-two. Present; Hon. Hamilton Haas, Judge, Commonwealth On an indictment vs. - for a felony (statutory rape) Noah Thomas Lear This day cai:ne again \ and the accused, nizance And having argument their the attorney, trial received verdict, and after the following Lear guilty of the punishment Nicholas, the verdict is the replied in the affirmative. contrary verdict the verdict 4. 2. of the jury That the punishment of the tendered Court. That the verdict 5. evidence fixed That the Court 6. That the Court court find Noah Thomas (signed) John H. of counsel and grant for erred the said each juror by counsel, a new trial of the jury of the jury to support it. is is contrary J. to the law and to the erred and and set the accused, That evidence. as to shock the mind in granting by the Commonwealth over the objection the defendant. into to which poll is so excessive tre room to consider as to whether That the verdict is contrary and heard .. polled said verdict and is without impanelled in the indictment, on motion recog- to adjournment. the jurors, Thereupon, 1. jury came again in the penitentiary aside grounds: and the to their of each of them, to set to the law. to the evidence as charged commonwealth, to his of the court 11We, were separately the came pursuant retired And thereupon, jurors on the following jurors verdict: at 7 years moved the court case some time they charge foreman." accused, Harry Blatt; of this the for came pursuant the instructions of counsel, returned his Noah Thomas Lear, and by his and sworn for the attorney and exception in refusing 4 Instruction Instruction of 8 V �-- I I �tendered by the defendant defendant refusing i objected Court erred in refusing \ after charge action charge such other for to jail. 10 tendered the defendant in vacating was impanelled to the jury the defendant reasons the hearing erred in to which action That the 8. by the defendant objected the original and subs ti tu ting read objected the Court of said the and excepted. charge the t0 and sworn and the original and grounds Vhereupon, That the Court and excepted. which was thereafter of the Court of the Court. next jury of the Court by the defendant objected Court erred had- been read corrected for the 7. Instruction of the That the Court jury I 9 tendered the defendant to which action 9. and excepted. Instruction of the Court to which action motion; to the therefor jury, fixed to which and excepted. as may be assigned a 10. And at the bar the 25th day of August and the accused was committed �( { �-VIRGINIA: IN 'IHE CIRCUIT COURT OF ROCKINGHAMCOUNTY COMMONWEALTH ~/ v. NOAHTHOMAS LEAR This day came the defendant, and assigned the following 19, 1952, set finding to the said punishment aside Noah Thomas Lear, as grounds the verdict defendant at confinement counse of his motion made on August of the jury guilty by his of statutory in the penitentiary rendered rape that day and fixing for a period his of seven years: 1. That the verdict of the jury is contrary to the law. 2. Th.at the verdict of the jury is contrary to the evidence is contrary to the law and and is without 3. evidence to support That the verdict it. of the jury to the evidence. 4. That the punishment fixed is so excessive as to shock the mind of the Court. 5. That the Court erred by the Commonwealth over in granting the objection Instruction and exception 4 tendered of the defendant. 6. by That the Court erred the defendant to which action in refusing Instruction of the Court 8 tendered the defendant objecte and excepted. 7. jbY That the Court erred the defendant to which action in refusing Instruction of the Court 9 tendered the defendant objecte and excepted. 8. That the Court erred by the defendant and excepted. to which action in refusing Instruction 10 tendered of the Court the defendant objecte �-- �9. the jury charge after the jury had been read corrected action That the Court charge in vacating was impanelled And for the original the defendant such other read objected reasons charge to and sworn 8lld the original to the jury and substituting which was thereafter of the Court 10. erred therefor to the jury, a to which and excepted. and grounds as may be assigne at the bar of the Court. August 1-f, 1952. I I ��Circuit Court of the County of Rockingham on Monday, the 25th day of August, in the year of our Lord, nineteen hundred and fifty-two. Present: Hon. Hamilton Haas, Judge. Commonwealth On an indictment vs. for a felony (statutory rape) Noah Thomas Lear 1'his day came the attorney the accused, sheriff Noah Thomas Lear, of this Whereupon, county the court tofore made to set grant the defendant order entered having aside a new trial fore considered said Noah Thomas Lear that he be confined of seven of the (7) years jury; by counsel, the costs at hard he can be delivered to an officer commonwealth, treated in the manner directed trial. here- therein to a ere i case and in a former to which action And it is there- commonwealth recover to this State in accordance with of the State jail to be held by law for of 7 days, of the prosecution, of this to the public of this awaiting the motion forth motion, incident labor, Blatt. Noah Thomas Lear was remanded be removed and conveyed however, the Harry in this excepted. in the Penitentiary and said subject, said set and by the attorney, of the jury on grounds that court and considered overrule by the Court into by his the verdict the accused, .. ,,. heard doth the commonwealth, was brought and came also herein, of the Court for for and the term the verdict to jail Penitentiary, and penitentiary and kept until to house imprisoned and the term aforesaid, timerewas - o<o<- held in jail �~-------, r j / �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY filed in the Clerk'sOffice Rockingham County, Va, COMMONWEALTH OF VIRGINIA SEP % 1952 • /l~Jdij;t Clerk NOAHTHOMASLEAR Notice of Appeal and Assignments To the Clerk of the Circuit Court of Rockingham County, Counsel for Noah Thomas Lear, styled case in the Circuit ereby give notice n August 25 of Error the defendant in the above Court of Rockingham County, of appeal from the order , 1952, and set forth entered the following Virginia: Virginia, in this case assignments of error: 1. That the Court erred in granting y the Connnonwealth over the objection 4 Instruction and exception tendered of the efendant. 2.That the Court erred the defendant in refusing to which action Instruction 8 tendered of the Court the defendant by objected excepted. 3. That the Court erred the defendant in refusing to which action 9 tendered Instruction of the Court the defendant object- d and excepted. 4. That the Court erred y the defendant \..:__ in refusing to which action Instruction 10 tendered of the Court the defendant object- ed and excepted. I 'I I 5. That the Court erred in vacating ~he jury riginal after charge the the original jury had been impanelled had been read to the jury notb:!roharge which was therefter f the Court the defendant and sworn, and substituting read to the objected jury, and excepted. charge to and the therefor to which action �t �6. That the Court and grant a new trial erred on the ground to the law and the evidence ed by the and for Commonwealth, and for 9 and 10 tendered charge in refusing to the after the aside the verdict granting refusal by the defendant, jury that to set was contrary to give tender- Instructions and in vacating charge had been read to the jury, therefor charge which was thereafter read 8, the original jury had been impanelled arrisonburg, 4 Instruction and the original another the verdict and sworn, and substituting to the jury. ilding Virginia I~ September 8, 1952. COUNSELFOR DEFENDANT b I certify ssignments ttorney n this for that of Error a copy of the foregoing was handed rn-. Notice Rockingham County, 1'952. 0 -~~ to G~Qrge D. Conrad, the Commonwealth for 8th day of Septe~er, IIIH ,,.,-,, .... IIMi,a~~ ~ of Appeal and Esquire, Virginia, ) ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA v. NOAHTHOMAS LEAR ( \ Written at the trial Thomas Lear, statement, of the case in narrative form, of testimony of Commonwealth of Virginia on Monday, August 18, 1952. adduced v. Noah �,, .. ) �2 --- ------ CALLEDBY THE COMMONWEALTH Ogretta I Jane Dove 0GRETTA JANE DOVE, having age was 15 years, She lives and that at the of Bergton been duly her in Rockingham County, She has gone to the 7th school in February, father her of the child erine, and her Lear in December, on a sawmill the home of Willard as working ear rest turkeys, and at that some talk there. Lear with orch ouse. with except a mile courted her her her sister, and that Lear father's consented, nd that Lear that her sister Lear intercourse with made no outcry, that and the Lear while her at came she was went out on the in the time were in the kitinto her mother's on the bedo nor any subsequent and Dove remained and Dove then left, her he were visiting sister that con- 1951, Lear and she remained and she at carried this the parents came in the house her up, at from the June 17, She stated Guy Dove, and while stayed home while Katherine, That her but hel~ing some, but on Sunday, in West Virginia. Lear picked oom, and had sexual hatshe with father quite that Guy Dove, She stated that ii her not She testified children and sat named Kath- Lear around n the bedroom combing her hair. hat for the the home of time, to her the home of relatives there at that became acquainted came to the Dove home, upon which occasion of the of her She stated that and Norma Ritchie, She testified of just She first out of 1950, when he came to work for her father, and with ove home. birth a sister in May, 1951 when he worked knew him better West Virginia She lives including reside. her the village and dropped 11, 1952. is Noah Thomas Lear. that above near.the in school, born on April parents miles of the approaching at which 10 children, father, sisted grade 1952 because which was a girl 5 about Virginia, testified was June 30, 19520 birthday home of her parents line. child last sworn, on the porch and she and her sister bed- She stated complaint, the entire time. went on to �J; I �/ .3 I church. She then occasions the after screen her, that, off Katherine testified that and that lay Katherine on the the window to her and some others but Lear had relations across of her the foot was\awakened sisters. by his knew Lear was in the room. trouble on July that month. on the porch, Lear not 8, 1951, since That on this that her certain That That her this she first her knew she was in her menstrual she and her for her that June 17, 1951 was the with Lea~~- and she knows this went to West Virginia. on the porch other boys, sister that period got him out and that night. She was to menstruate. or men, and that pregnancy. first bother was the first 1951 she was supposed gone out with with sister went back in the house, with was the man responsible and that occasion what day in ·July, she had not and that she had missed sister then had relations bed, upon she was sleeping That he did not snoring, Ogretta her 1951, he tore 8th of July, room where of her with That day upon.which Lear· she is positive she had relations .. since it was the day her that at the parents ,, She also on June 17, 1951, she bled, intercourse got on her underclothing, That she did not to church anyone else_ noticed the blood, her clean innnediately afterward, the but put her steadily !pregnancy 1noticed for Iiintercourse slip She also on a Sunday. I in 1951, and ha9- nothing August, offlher some of the blood clothing. but that That day, That neither her in the dirty and in fact, every day. that she went sister nor to conceal clothes. That had been mens- That she revealed was positive She stated bedsprea she made no attempt 8, 1951 took place \lnot happen time of the and upon her mother's and skirt that and that 1952, which was the first condition. on July blood. 2 months, in Febru~ry, her skirt the blood she had be.en menstruating truating testified that that that day, Lear to do }ii th her the act but left her that the her family of it did community thereafter. �r ( • J_ �4 Mrs. MRS. JESS DOVE, having Jane Dove is her JO, 1952. been duly daughter she never knew her wasn I t going she mistrusted had noticed husband evening. of June bother to be with all the period to Ogretta a lot. nothing beds years of age, Lear had paid Ogretta boys, a little. and that and that sisters attention to her Katherine Katherine were getting !were at a picnic. ready for 1were in the house, and stayed i Lear and Dove left, !then after ened in the house. er parents through late Sl::e that she early in that her own bed, and was with he had courted with other Guy Dove. their hair The two children when Lear that Lear and Ogretta hour, came out and they walked tell her anything had happ- that on another the about and Guy one-half Ogretta the window of her mother's That Noah Thomas and the other in the house with she is 17 were home one Sunday in June, She stated didn't that and that preaching, She testified were on the hill so much. returned had had no dates occasion in a car. Her sister she She testified about that nevertheless, there testified sister, sister I the preaching. and that Jane Dove. They were combing lnove came to the house Lear, involved; they sworn, and Ogretta on that That Dove of Ogretta That her it. in the house. been duly and a sister in March, about around unusual Katherine KATHERINEDOVE, having old on June went to West Virginia 17, 1951, and that the other her boys alone, children Ogretta any man except being she noticed that pregnancy and asked by Lear's and other That daughter's my boys during something testified she was 15 years her to leave him talking the morning didn't her with sworn, swelling, daughter she had instructed Dove and that That she discovered 1952, when she detected and her Jess that turkeys, room, that that occasion, Lear she heard when came in him and m �" L �5 woke up, that Ogretta didn't stated Ogretta and Lear on this and went to her sion, June 17, 1951, room talking \ she heard about but messed bed. up. as she sat her clothihg Dove Residence. 29th until was going stay all which not his home at return. and returned and Charles but ecamination tr.at Lear, that in there face was not was not briefly he left but left working with Lear He did no 1, 1951 at for Jess After left Dove, that Samuel Byers, in Charles he on Saturday, on July in November. that from and said Virginia. 1951, he left mile at her home from Aprill date again she lives about½ again 3 weeks, she stated but bed. that Conicsville, and left her or the boarded June 17, On June 16, 1951, remained Virginia, He returned about they testified upon which latter parents Guy Dove, sister sworn, That Lear clothing. departed On cross \ to his time he stayed Smoot, 16th, June 16th, in her moth- with came out, occa- By Defendant County, at her home on Sunday, taking then Called in Rockingham on the first That her hair upon her she was something Lear and Ogretta and that been duly which there that was wrinkled. She saw no blood that when he came in the That when Ogretta NORMARITCHIE, having the Jess hear but occasion occasion or outcry, hour. Bergton him out, on that on the porch Witnesses above and let She testified she could no struggle one-half flushed, door 8, 19.51- That she suspected house er's the go out of the house was July between 1 she unlocked Lear's car, her house he did Bobby aboutn::x)n. on June she does not know where he was on June 17. i I Samuel Byers SAMUELBYERS, having old and lives Conicsville, been duly at Mt. Jackson, in Shenandoah sworn, Virginia. County, near testified that he is 21 years That Lear's home is Mt. Jackson, and that at he �/ �6 was one of 16, 1951. and Charles the Lear, Lear all after Lear the next that good lives that 1 with they ½ hour, stayed IByers \ and that Byers at then departed this others, back That lville Lear went been and Lear Samuel the Charles next noon. that and that that he at sectim night he and to That he is Bergton 16, they at day. 24 is a brother after his 1951, and remained about That they took home all that night That Lear took all his Bergton. Smoot sworn, 1951, that that Thomas Lear. next Byers got and testified went and Lear to Be~gton that at the he knows that he was along after Lear. on that day he, Ritchie home and that Lear and remained the took at him Conics day. Lear, Samuel \ confusion as to Lear's I day, 17. While June 16, and remained the duly to Bergton, Conicsville all too Lear home all Smoot on June Noah him when he left was on June to in Lear's he went Bobby about him all BOBBY SMOOT, having That at testified that Bobby Charles remained Virginia, with own home. with when Smoot, he was with there sworn, and Bergton he was with I clothing duly He stated Samuel to his he,Bobby Lear Conicsville, Lear. arrived and been at to Noah Thomas brother him home on June friendso CHARLES LEAR, having old, Lear he stayed Smoot take that that Charles years to Saturday, stated that Bobby Lear on that day and He stated 16th, are came after and he further 2 weeks. on June that They went Conicsville about group Byers, and they they testified they were that they were at Lear's that they went to Mt. their and Bobby own whereabouts all testified with him at home and at Jackson, Smoot were that various and one testified on the they were places. Conicsville, in great following with him, One testifie one that testified they rode ��7 around and went to New Market. Guy Layman Dove GUY LAYMANDOVE, having years old that or and lives he was only 10 o'clock at in Alfred went gold were the that Dove residence morning came out house O~retta not know what and then had been porch. did not happened in That inside the old and that lknows and 9:30 about May brother the car. and any house stayed in Lear or messed the the ho~se, and Ogretta came out up but they across and in talking with But gone porch and Ogretta house. That had on the Mon- of he did remained½ hour that 20 left. ALFRED LEE DOVE, having and hear excited Alfred years house the 26 Lear day his family when Lear appear in Dove were not is he knows the remained the he Dove and Wilbert of their in Lear that was Marcello rest he did with it but the That on the the occasion Dove went he and Katherin~ \but That that he knows 1951, because he and Katherine hour. that on May 27, date said and Ogretta about½ that Jess and Ogretta Lear house the correct That testified Virginia, on that mountain. sworn, Bereton, to Pennsylvania. along Katherine duly at the 1951, was the 27, been lives on May 27, at been Lee Dove duly Bergton. sworn, That testified he is a brother 1951, he went to Pennsylvania this to be the the day previous. correct date because he is of Guy Dove nd that he had been he in West Vir- 1 iginia ticket reverse in used side evidence. on his the trip date, He produced to West May 26, a bus Virginia, 1951. ticket which 'l'he bus which had ticket was stamped the on the was introduced ��,_ 8 ( Noah Thomas Lear NOAH THOI-1AS LE.A.i.'9., having I at Conicsville, I on June Samuel Byers until July with and that which he worked that for Jess at the and Bobby Smoot and did not 1, 1951. That he was not at on that the Dove home with on July testified time he lived day he went Bobby Smoot and Charles there sworn, Ritchie He stated 8, 1951 and denied ever that having 17, to New Market he had been at 1951, but that Guy Dove on May 27, Charles to Bergton any on June to Conicsville Lear. residence with return Bergton he lives Dove until 16, 1951, he went back to Conicsville Lear, 1951, but that \ Virginia, June 16, 1951, during and that been duly he was not relations with Ogretta Dove. Upon cross July examination Katherine Dove testified 8, 1951, upon which it was alledged house through Ogretta's that this that it the window which was fixed pregnancy the day their father put turkeys the day he put that July they 8, 1951, according the turkeys 8, 1951 was a Sunday, on the then came into recalled to her Jess the date and Ogretta on the range. not have been a Sunday. entered if the Lear by her became known and that day was July could that that it wasl She testified fathers in his the date after that book, Dove testified ran~e the but that book, must have he but been rong. to rney -~------'-~ for the Commonwealth ___ p.d. ��9 The foregoing testimony adduced Virginia 1952, v. at sixty this statement, the Noah Thomas within Done written days in narrative trial of Lear, was after final judgment therein. day of October, 1952. /2JA J_ the case tendered of form, of Commonwealth of to me on October 22, ~ . , 'tlfu -Judge~rcfflourt Rockingham County, of Virginia I I The foregoing testimony \ Virginia office adduced v. Noah on October written at the statement, trial Thomas Lear ~ol. ----- of in narrative the case was delivered , 1952. of form, of Commonweal th of to me and filed in my ��\~ ' '\ Bus Ti~ket introduced Alfred,_ ,,:~.: -:. ..:.. Lee Do~e; ..,.I_ ....,.. . ., . . , ...._ "'; • t ~ I " f• ' ~ Ai- I in evidence ,' .a+.~---:~- . ~ 31 page .,..'---.,--,,1 ' ... • • ,.. • Flnal Dntlnatlon-,-....,..,.....,...-.,.....,.________ _. This check shauld be retained by the passengeruntil dKtlnation is reached subject to inspactionby the drlm at any time, and is to be surrenderedta the drlnr wh111 the er's ourne is completed. \ \ ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY. Commonwealth of Virginia vs. NOAHTHOMAS LEAR ��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 of Virginia Jesse Dove, Bergton, va. JO Ogretta Jane Dove, Berggon, Va. 70 to appear before the Trial Justice Court of said County, sitting in said County, on 2nd day of_~,I~u_n_e~----, to summo .._______ _ ;:itwH'""a""""'-r..._r_.,i...,s.,..o.._..n_..h.,,.1,...ir ..... __________ 4 g::r.·,,__V-"--""a 19-52-, _ at the hour of_--=J.,..:.....,0 .... 0,>---z:Pc--o,,r,}.--. •..--------- of that day to give evidence in behalf of_ ...... c...,a~ro~'±~,b~---------------------------- in the pending V. case of __._ ......... ..__.......... _________________________________ Woah Thomas T.ear Given under my hand this,_~2~0~t~,h ____ 10-5 l-2m-Garrison day of _ �Trial Justice Court _____ 9643 A. Docket No. ___ _ Cor:i'th tR I,. (l'J Q) >, co ( V. ( Witness ( Subpoena Noah Thomas Lear To June 2, 19$2 at J PM. 0 >, C. 8 Q) :, b �In the :r-~ameof the Commonwealth o;~Virginia: Shenandoah '1., the Sheriff of llafXil:D]o County, Greetiag: •.••S.a.muel. ·~Y~.l;'.~ ....~.:G..9, ...EPPP.Y..S.m.oo..t ......... . G.9.P:i.~.S.Y}.lle,. Va.) ••••••••••••••••••••••• ·······················•···················· ···········••••••••••• ..••..••••••• ..••••••••••••••••••••••••••••••••••••••••••••••••••········ .................................. ;, ................................. .c···..... You are hereby commanded to su(mon .......... ... ............................................. P.9.tP. ... .......................................................................................... , .... ························"·······.. ................................ . ,, ································•·································· ............................................. , .................................................. . ................................................................. ···················································,, ................................. . to appear before the Jttdge of the Circuit Coiert of Rockinglnm County, at the Court House thereof, at 1 o o'clock, a. m., on thJ...8.th.day o/ ...A.Ug.u.s.t,....... 19 t::.?_, •- .• ,,~.. d th h • -· • • • • ·.- • • •• • -t-n e •+rut to Sa) in t,::.-'-"-lt.,- ~ue uet.,_·.,..,_dant in the prosecution of th,_e.C"',momvea~th against.......................... . ................................................ •••.................................................. ,.N ... ~:P. ...~i:t'.hom~ s..l~~r. ...·:···;····················································•·············· ···················/·····•'&.••····:..······· ··········-·•·······-----···········--·················--·--······· wJ;o stands charged with and indicted for a felony Jlll'lilJf,DiJIIC And this you shall not omit under penalty of £100. Ar.id have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....14th da:~ of ...Augus.t., ............19.52., and in thel77"¢.year he Commonwealth. ., -2: ./.f-..,.··-··........... :================::;;.;::====--=======:::::;::;:::;:;::====~-1 _Ll'L'.r. ....... ..., Clerk ��TRIAL JUSTICE Criminal Docket COURT 9643 A Com'th V. Defendant A'r - l Appearance date -- - - ---- 0 -- 2o ...~-2- Suffieieut probable cause. ~2-52 Sent on for action of the Grand Jury. �, �Docket No. ✓t !/lo . COMMONWEALTH 1/tJr; of VIRGINIA ) vs. ) Felony (stat.rape) ) NOAHTHOMAS LEAR IJt Harry Blatt Own (x) Appointed ( ) ' 'J,.? p. d. • 1/ ?i ~ ;50;;,0 rr/lt~ ).13/0 CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. �. j � 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 Noah Thomas Subject The topic of the resource Felony Statutory Rape Description An account of the resource Defendant charged with felony statutory 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 1953 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_005 Thomas https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_005_commonwealth-v-oscar-w-harris.pdf 0ba9ad22f5c96b639458605f34d2e1e6 PDF Text Text COMM()NWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the Commonwealth of Virginia, for the body of the County of Rockingham, Circuit their Court of said oaths do present day of September, did kill of the·commonwealth witnesses evidence. ATTORNEYAT LAW Oscar 1943, in said This indictment HARRISONBURG. VIRGINIA that . October w. Harris, . . .. . term, the 1943, upon on or about the 10th County, unlawfully and slay one Lloyd Allison dignity LAWRENCEH. HOOVER County, at its and now attending in and Cash, against and feloniously the peace and· of Virginia. is found upon the testimony sworn in Court and sent before of ~. the grand jury to give �) MANSLAUGHTER Indictment COMMONWEALTH v. :.: - - 1943. OSCARW. HARRIS - Felony: ~ctober.Term, A True Bill.: Witnesses: l. E. P. Landers 2. :m.F. Dennison.--3. Carson Knupp 4. William Knupp 5. George Bear Lawrence H. Hoover Commonwealth's Attorney. +, t-t �CO' ··or w • 'fl{ vF Vlif'l A, TB.L S EPJ ] T 0 You are hereby and WilliP..m n r,pt a 100K 1 G •. ore the Ju.ge c CQunt,y Gct~rt fic:.1cle, forth they ca."1 cho~: • why they itfnesses a.s a.."ld served se J. Ho for Hobert n eaol1 t.rial tnii; .ith, W. ~larris, in any .ri th accor«ing fail inf., to li:n1, said 12.th day of JanuaI·Y; then and there Sv1i tzer, Clerk of the County, in 1 if to ·ur;::;1..1cu1t, to sumnons f t:~em accor,_ing And lL...v e of said be dealt ~m.ld court Ci ·cuit room thereof, .,ho:• cause,. to not of tte t o oou-in:.on•;H.Jal tl:.. in thE, odse of fer v .. - scnr Cc~i:rnou·, alt.t ti e cc. rt shculd t,o law fo1• tJ ·•i:r con. t1:1rnpt of at ten on Carson t::nup com.~anded to s Col.:.rt cf f:ot..;kir~;han:. Cot:.r~t.y, at tb, COUNTY, GRE..:..TlNJ: this , t this sa1 issued ems - being 1944.. v:r1 t. Court, Vii t t 12th day of January, t11- ess, Cou t 1944. ~ ~~ ~ ,/ -----------------' Clerk. �0 l 0 �TO Tlih bHE1U 11 v"" You re hereby Willim ll U! cou ....t of County h ...t \.iO attend HoUtle, v. trial An J. Robert flOUDe of & itz 0 not oul. s a1 um on to PH t e Ju ge t t to h b ealt oourt '/ ircui e in t ereof, rt ro C caus • ny if ;i th ace rd:ing in v. sc r r ~ them :1.r1 .:> 1 ur 'ant "ailing o e the en there r, Cl rk of the id Co nty, thi to ccor lng to l w said t 1 o case being 1944. his l th day of January, h J s f •r the common'lf;1. l th in the oase of on each d sorv for 1 for eontem t of s witmes Co ,on r,alt set ir "'i OD'1 .•mantled fore p t ap ', • .. County, at t:1 ·they oan sl10·, , ~hy they to law for 'ON Witness, ·1ri t. id Court, at tbe Co•rt 12 h cley of January, r; ___________ VYV;-~ '7________ , Clerk. �l I • �COMMONWEALTH OF VIRGINIA, HERIFF OF ROCKING.H.AM COUNTY, GRE.J:!.TING: TO TH You are hereby and William Court the Knupp to appear of Rockingham County Court they County, House, to law for their the Judge at the court should contempt as wimiesses before forthwith, can show, why they attend commanded to summon Carson Knupp for not be dealt and served set for trial this 12th Robert Switzer, House of said day of January, and there Clerk County, this with of the 12th this said in any according in failing pursuant on each of them according And have then J. court if to commonwealth in the Commonwealth v. Oscar W. Harris, Circuit room thereof, to show cause, of said the of the case of to summons issued to law, said case being 1944. writ. ourt, Witness, at the Court day of January, 1944. ��IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA C01'IMO:t-JWEALTH ) ) v. } OSCAR W. HARRIS ) ) If you find voluntary of not less or by confinement ATTORNEY AT !AW HARRISONBURG, VIRGINIA in the indictment, by confinement in jail of not exceeding not exceeding of inyou will in the penitentiary than one nor more than five by a fine guilty years; one thousand one year, say for or in dollars, or by both such and imprisonment. If you find LAWRENCEH. HOOVER Oscar W. Harris, as charged his punishment your discretion, fine the accused, manslaughter, so and fix a period CHARGE TO JURY him not guilty, you will say so and no more. �'J: t .. .... j' l ( 0 ~ ' , - .r. 11 .._ II .tb I eno rl;t od' b ! ') ;. J: i!r I.J 1 A �Commonwealth of Virginia, Rockingham County, To,wit: Virginia rendered, this conditio.n: and they each severally waived their homestead . to their recognizance; yet upon ~ That if the said ______________________ _ ~:wr::~~ Court of Rockingham County, _________________ -~-~ __shall personally appear before the at the Courthouse r!f_l/-::2 _____ ______ Tc~rg ofv{J~_f exemption of said County, the _Jay of 19 ____ , and at such other time or times to which the proceedings may be continued any court or judge hereafter on the ___ _________________ ------, or further heard, and before having or holding any proceedings in connection and there answer the Commonwealth of Virginia concerning a certain ____ _ ______ ______ ______ _________________ whereof the said~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 -f _ · force and effect. ITNESS WHEREOF, I hereunto affix my signature this _____/~ ( _______ day of_ ___________________ _ ��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_._P_._L_a_n_d_e_r_s ___________________ made complaint and information 10th J. C. Swartz, ofPT. Clef~ .. or .. J, Court O_s_c_a_r~W~• ~H~a~r~r~i~s ________________________ of the said County, that __ on the on oath before me, of said County, has this day day of___s_e.p.t.ember slay one Lloyd Allison of Virginia , 19 43 Cash, against These are therefore, in the name of the Commonwealth the , in the said County, _ did unlawfully peace and dignity Oscar of the Commonwealth of Virginia, to command you forthwith to apprehend before the Trial Justice of the said County, the body of the said ____________________ and kill and bring _ w. Hards --------~---------- to answer the said complaint and to be further dealt with according to law. Given under my hand this_2~3~n~d~--- Memo. of Commonwealth Name Witnesses: Address �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: and for the County of Rockingham, State of and .................................. . have this day acknowledged Commonwealth which they severally waived their exemption, themselves indebted to the ) as to dollars of Virginia in the sum to be made and levied of their goods and chattels, yet upon this condition: That the said appear before the Trial Justice Court of Rockingham County at ............................................................................................... , 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 then 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. , 19. day Given under my hand this, ················································;:J::;······································ . or J. P. or Bail Commiss~ '+a \ 0 I-- .., C: C'll 1-I-- "' .., 1-::, 0 u <1) u ·.:: -."'::, --; ·c f--< 0 z.., z ~ ~ Q Q ~ ~ 1-- < <1) ~ u ..c:: .., --; <1) 0 Cl -; C: ·a ·c u ~ ~ .., <1) "' 1-- ~ ~ C: 0 8 8 '-v--' "' >- >- "' '+a ..D 0 -0 .., >c: '"d C'll t: M ~...... °' 0 ..D <IJ 00 C'll rn v ~ ..c:: C: .., ~ 0.() C: :§ ·c -~ Q.) <1) > ;.::: 0 u '"2-g :l u (1) fli~ 1i1i i~]~ "' ~t ..0 0 >- '"d ~ 0.() C: >< ·- U-l ~ <1) 1-- ~½ N, Cl Q ~ "i "-.I.~ ~ tA- ..: tA- tA- ~ 1i \ ~~ ~I ~ (), ~ ~ tF¼- tA- (1) C: 0 "' ·c 0. 1-- I-.., "' ~ ~ C'll 1-- ] v> C'll ~ t,f\. r~~~- l:E l:E 0 (1) en > ~ u ..c:: .., '"d tu I-- "' u "' ~ <1) 0.() O) u.. "' <1) <1) C'll ~ u.. ~ -~ .., .., '"dC: ::, u.. -~ -."' C'll "' ::, ~<!) <1) <1) <1) 0.() <1) .s C: ::,"' ~ ~ ~"' ~ (1) ...... u -. .., ,,., "' <1) C: .., ~ 0.() C: ·a 0 8 C: :s C'll <1) u C: "'C'll ,,.,'"d (1) C: -; <1) ~ C: 0 \ \ ><1) 8 C: 8 ti s 0 t: ·-.., ~ U< i5 < --; <Jl ~ 1-- Cf) (1) ~-< <1) -; ~ "' tF¼- C'll ~ "' C'll <1) ~ '"d -·a -~ .., <1) 0.() <1) 0.() ~ ~: ~ <IJ ...... C'll .., ~ -.::, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham to appear before the Judge of the Circui Court 'Y....a)) of_......~~·················· 19✓--¥. to sa)) in behalf of the Defendant 'n the prosecution of thcA7monwcalth- ~ Greeting: ciRockingham Count)), at the Court House thereof, al 9 :30 o'clock, a. m., on thc..../... ·························································~···· •••• County, tcstif)) and the truth to ag~inst................................................. . •.•••.'21'-.~~·········•·················································· who stands charged with and indicted for a felon)) misdemeanor. And this )Jou shall not omit under penalt)) of £ I 00. Witness, J. ROBERT SWITZER ~ .... 19.6.£..., da)) of_.................... Clerk of our said Paper Co. Print ou t, at the Court House, the....................... . and in the ../...i ...............))car of t c Commonwealth. f) Massanetta And have then and there this W~ ~~..-~./..,. -·-···~··;t;;,d::!........... .... FORM NO. 6 Clerk �_/~¥-~ y ~JP TRO ... .:, R· (., .& ~ Tu ~~~L N Pc.J:1.-:)Jt\ ull,:' 1'a 01' i::..1.1vde, :..;xec o~ted ~)'p~t ¥ ~ +rue t::. S :.n I~ _, pl$~ 1~$t , ~ ~P• 101", ).J...\•'-'• ~ ~ ~ ~ r~ v-<SA.. . _ __,____ Not finding._~..)& place CiS 'JOd.C • l} '-- ••• n ltz's . t ~·oo.r 1.• ~~er Ll0!".1De t $ /~.J, of a,bod~, E~o~llt"' copy of tlis ...-- ......~ ...., by clallverl tokMu,ta.~~ ~. M ..~ ,, ~~~~'I- rr-,... ·-~ 9-1e l_/1~-~, .at his u~U:ll. _.·e c, ~ » .., .., _, (jJ. fyjµ,tb-1 ~ h --~1- i, ~ ,,, 0 ' J lfi-r ~ ~ ~ _,,{ lf? ,g, .J lf 1 .t ~· t,. �In the Name of the Commonwealth of Virginia: You are hereb_ycommanded to summon.............................. ·•·································-····-··················••······················•···················•·········- ~:::::::::::::::::·_·· ... :~:::::::::::::::::::::·.tJ=zw~::::::::::::::::::::::::: ---············································································································· ·········································-································------·································································································-··········································································································•·········· who stands charged with and indicted for a felon_yrrnsd.cm.e.ano.Fr And this _youshall not omit under penalt_yof £ I 00. Witness, . ROBERT SWldER. f. ~.............19....... da_y of_............... }-zt; And have then and there this W Cl~rk of outai~t, at the Court House, the....................... . and m the /. ......f ............. _year of the Commonwealth. J /_,,,,_ /• ..... , v······················• .......... ,.•.,.. ,--···>··~-··v-;, Massanetta Paper Co. Print {/ FORM NO. 5 Clerk ����In the Name of the Commonwealth of Virginia: e ... ~ .. You are hereby commanded to summon ..... To the Sheriff of Rockingham 'L:...~ County, Greeting: ............................... . t.••Z•lf~••···••••••~··:f_~, ::r~ Ye ;jj_~ -,.: who stands charged with and indicted for a felony misdemeanGr, A~d this you shall not omit under penalty of £~00. And have then and there this ~ W~~:/ ~ROBERT SWITZER, Clerk of our sa~rt, day of if··"'=':.V', THE SERVICE PRESS , 19)/,/_and in at the Court House, the ....Z ......... . th•11;2,,_z;J~. Cbk �• :,' ~ C 0 ✓ CII ' (l) ,.. c; 0 C ..., :r < Ill g .... ,.... fl) ';!? ~t~ ::, 00 0. 0. ;l p u~ [!I O" 0 (l) 0 )( (I) 0 C: C: Jo.; - S" 0. 0 . (!) (!' I C 0 -1-) I :' .J u. (!' ' /· 6;) ~ • JI . '' I 'I ' '' I ' I I ;4J✓ r., :!. ::, J~ ~ ' OQ C Ol C: F-'41,/ IV II ') Q_; I -,.,) ;.:J ~ Q) . ~~ r, ' : s::: 0 er, t. Q) Q I .~ ... .c- : 0- I I I ' I I ! 0 \ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................. . who stands charged with and indicted for a felony m..isdem€-aftor. And this you shall not omit under penalty of £100. And have then and there this W~ Witne~R~!~R day oL -/ THB SERVICE PRESS c:ccc. T SWITZER, Clerk of our , 19-{,c/.nd ~~ at the Court House, the ....//. .......... in~~~~ • Cbk �I . • ' -~ ' ~ ~ ~ i~ EXECUTFD/-//.1'.fN THE COUNTY0 ' ROCK[W',H.I\M P._ t::LTVRR fNJ A '11PrJ!!l t;'.')PY.QP ~ J~3 ~ ~ \ l 1 "~ �Witness 18 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 Beverly Thompson, 203 Broad St. of Virginia, to summon _________ and Helen Foltz, to appear before the Trial Justice Court of said County, sitting at-,Hain said County, on 13th day of that day to give evidence in behalf of in the pending case of v. Osear 518 West Market w. Harris Given under my hand this_~J....,2......,t~hi.----- st. ... r¾r---,lilris~o'""n~bl-\au..-.ro'lg.,.____,_yl-.c1rcr1c-gli&.li±n of__ O-c~t~o~b~e~r~----•19.43..__,at the de:tendant Oscar W. Harris Commonwealth _ hour of 2: 00 P.M. �0 ~ N ~ to her, • i1crson, a A> ::, 'O 0 C (V "' "' (fJ (1) ::, r-t ~ -?::::;:Yv-p: :< ,--'--, vl ~ ........,.. er 77)~ Exec'ut9~ ··"···.....·~··~........... b •1 I z0 r-t ~ (1) 0 ICl r-t ... C 0 () (1) r-t E .._ C "' c=;· ... ~ i">,UG:l<Z.<>;z::: /,17.&-"e:~·1"40-t,k,t!"2,-'( -< .... tO .. .... vl • g. 0 t-3 of abode, Not finding +o ·1er. place Not finding, .1aT �����1rial Justice Criminal Court Docket No. 5 Commonwealth vs. Oscar vr. Harris 10-?-43 10-13-43 fIt �' ' �COMMONWEALTH v. Felony (mans.) OSCARW. HARRIS /t> _,/y-t/J /)- ~~ /NV µ'C ~ ~ (,t; ~ ~ rr'{..11·~~ I �( <7?/P1}!~ -- ~ I ·~_p. '-!?'--W.. -11 ~-1'(_~~,,..0I ~~ ',?~ ~ /;JJ,.~ ~-':P~ , ft /6 'A ,.It# ~ a_/~'/71'?'; l 61 ~ ~ 4<: ~I"" _ 9 h ~--(-~ ~ ·4/f..'t:'7~ ·~ ~'1)L.'-Z ~ ·~;nv--{-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 Oscar W. Harris Subject The topic of the resource Manslaughter Description An account of the resource Defendant charged with 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 1943 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_014_005 Harris https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_008_commonwealth-v-oscar-william-fred-cubbage.pdf 6645bcc9015823d427dd69d8a68dee0c PDF Text Text F G. H. Parent Co. Ashland, Vo. orm N 777 o. Commonwealth County _____ _________ 0 of Virginia, of __ R_o_ckingham__________, Circuit In the Court of said l to-wit: April county Term, 19 County The grand jurors of the Commonwealth of Virginia, in and for the body of the , now attending the Rockingham Circuit 54 of county Court of the said OSCARWILLIAM FRED CUBBAGE or about within twelve months prior to the finding of this indictment, to-wit, orfthe 17th upon their oath present that February said Lam, said , feloniously store outhouse building adjoining aforesaid, did break there feloniously said approximately and case, chewing or occupied Archie 40 boxes and Twenty Five of the Archie feloniously Lam, then did steal, take, building being night take 2 wrist ( ¾225.00) and there being and carry away, the then found, County goods and watches, 1 guitar cartridges, aggregate of the or and one Remington 22 caliber of the house intent away, to Archie in the building and carry articles Dollars situated store of Remington and in the be longing time with of cigarettes, four a dwelling therewith, Lam in said and other Two Hundred said in the 30 cartons cakes, store and there to steal, approximately tobacco, then and enter of the being, a certain not thereto and chattels rifle, -fifty , in the year one thousand nine hundred and county day of value of goods and chattels unlawfully and against the peace and dignity of the Commonwealth of Virginia. Upon the evidence of Deputy Earl Turner, Trooper J. Lam, witnesses sworn in open Court and sent to the grand jury to give evidence. R. Failes, And Archie �INDICTMENTFOR A FELONY ( l Foreman. George D. Conrad Commonwealth's Attorney ,__ -----------------· A TRUE BILL .... ------------------- OSCARWILLIAMFRED CUBBAGE vs. COMMON.WEALTH ('J'// �TRIAL JUSTICE Criminal Docket 1~<: COURT A 144GB Com'th V. ~ lJ;J.L:_ 7;J fl.M. L ~~ Defendant (Al~ Appearance Date Trial Date .J - .1 ...~~ f ? - J-'f' Sufficient pro::,able To Grang Jury. cause fom1d. ���I. I I j j 1 1 i j ) ·i ~ I '1 �U.4468 A I Commonwealth of Virginia, Rockingham County, To,wit: FEBRUARY that on the ............................ day oft.'"'r~it-c:···tuE°P°ACfE·······(covb···c--cis's CUBBAGE . . _........................................................................................ , pnnc1pal THEIR surety, who justified to ~~ • I 21ST BE IT REMEMBERED, OSCAR VILLIA~. . 54 };Gt ...., AND ADA CUBBAGE and ............................................................................................... . 1.\ ..S9.U::.L?.? sufficiency, came before. me, ........~.~.~.~X ...~.~.~.!.T ...... ~.~. ..1..Q.~!.~B ....... . ............................................................................................................................................, of the said county of Rockinghan1, (J. P. or Bail Commissioner) and acknowledged FI themselves to be indebted to the Commonwealth of Virginia each in the sum of.................. FTEHJ HUNDRED--------- .................................... ................ .................................................................................................. Dollars, to be levied of their respective goods and chattels, lands and tenements, 1500.00 ( $.................................... ), 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 .... tx:~J ~~~}( Tnal ustice s C ourt .9.?.9.AB ....'.~ ..L~.h..1..6.fy ....g.v..~.~.~.~r .................................... shall personally of Rockingham County, at the Courthouse of said County, appear before the on Xl(~XXXXXX.X.X.X.)tti(.)( ~X~XX.XXXXXX.KX.KXXXXXX.X.X.X.Xt*X--X ~*~~ >Q;~~ the .....19.Tl-l ........ day of ........ J:.,.R.CH .............................. , 54 AT 2 ~v1 19........ , and at such other time or times to which the proceedings may be continued or further heard, and before any comt or judge hereafter having o~ holding any proceedings in connection with the said charge, and then and there answer the Commonwealth of Virginia concerning ...A.HP. ....P:JJ.~.~.P~9 ................................ whereof the a certain ...C.1:-J.A.B.G.E ...... O.F.. ...eRJ.AKl.N.G ............. . said .........O.~.C.AH. ...tl.L.L..I..Ak ...C.J.J ..C.BAG.E.....................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. . 21ST IN WITNESS 'WHEREOF,I hereunto affix my signature th1s.......................................... day of.. .................................. F.E BRUARY 54 ········································, 19••••••••••••• ................ ······················· R) �ST ATE 9F VI RQI~] I A cou~ 1TY OF ROCK'tNGHAI\: TO ·VIT ~E HEREBY CERTIFY 0, OATH THAT THE VALUE OF OUR REAL ESTATE JOl~'TLY O''HJED OVER AND ABOVE TYESUr TOTAL OF OL'P JOIMT At-1D S(IIERAL DEPTS IS AT LEAST THE sur, OF $2625.00 TO '/IT JQIMTLY O'HJED THREE FOURTHS I 'TEREST IM ll.78 ACRES I I SHEtJAI\JJOAHDISTRICT PA~E COUNTY VIF.G8NIA. GIVEN UNDtR OUR HANDS THIS 21ST DAY OF Fr.ERUARY lt~54. . ~ ~~= lv11'11,£Sf 1't>,.,A~l<J -~--+---fl,=i-=J---~-----....__, ~-- .. .-, ..yo c.,,,d~l-c~tv., rL&>\./J\ ..40.4- Cv~e; ~£} KussCRI /Y ,,4~A ~41:<z«1Ac:' BED h~JC S'•/ORI TO 2EFORl f·.E THIS 21Si _t_.., __ _ Cv(Jd,(~,: r·,.••~ :t:< CC/OllA~II DAY OF FECRUARY 11.954. c~ -1-1 :00 )-~ r• . . ► 0 Cl Ul (J1 d ro :, ,...,..,N 0-0 0 r o==-: C :0 -I z :0 0 ~ ~ f'M :': ,, ,.,.., r r )- F CJ1 0 0 . 0 0 0 0 7-"" 0 ....... m -1.t- < 0 (/) (_(Cl I OJ ro > ► """" r ► r -I I 0 C rJ f"1'J "' ,;) M p ,t, ,t, m en ► �AP v Docket No. rlf'J,-- . COMMONWEALTH of VIRGINIA ) ) ) vs. Fel. (hb) OSCARWILLIAMFREDCUBBAGE I .(. I Lawrence H. Hoover =-=-=---=--==-=--=-=--=:..:=----=----=-----=-=-------P· Own ( x) Appointed ( ) d• (l '.' -0 :r f -0 ~ /7 lµ 11-¥ CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��Commonwealth v. Oscar William Fred Cubbage CHARGETO JURY If you find not guilty, you will If you find in the your than discretion, hundred then dollars then constituting hundred dollars in jail for for a period or, in a period not exceeding him guilty not five him guilty value of Fifty Dollars grand larceny, as charged for ten years, twelve of housebreaking but find say so and fix one nor more than exceeding ten years, his (~500.00). ment in the penitentiary not say so and fix months and a fine of the you will Cubbage, as charged in the penitentiary in the indictment, of property more, you will by confinement twelve Fred of housebreaking, one nor more than If you do not find charged Oscar William say so and no more. at confinement less exceeding accused, him guilty indictment, punishment of not the his ($500.00). or therein, by confine- of not or by confinement months and a fine of larceny ($50.00) punishment a period as less than in jail not exceeding five ��~ommonwealth v. Oscar William Fred Cubbage INSTRUCTION --- The Court resting instructs upon the guilty beyond every material accused, the all reasonable element certainty or to do more than beyond doubt thereof, Commonwealth to establish evidence reasonable guilt all the accused doubt. the accused of an offense against is necessary the satisfy the burden charged it or beyond as a whole the all that Commonwealth to prove does not mean that absolute jury of the possibility for and thethe accused to an of mistake jury that upon the is guilty thereof ��Commonwealth v. Oscar William Fred Cubbage INSTRUCTION --- The Court present instructs at the scene or participating such crime, The Court or act believe is guilty further one who is aiding and abetting as a principal tells of assistance further from the the jury in that constitutes voluntarily Cubbage guilty punishment any partic- in this case. that if a reasonable the at the then you shall of housebreaking with other the scene and participants find and fix charge you doubt of the ~am Store and abetted in accordance jury was present and entering the offense, the beyond Cubbage, aided in committing instructs evidence the accused, of the breaking said that in such crime. The Court that jury of a crime therein encouragement ipation the the his to the jury �.. �Comp. Form 18-A l ~Fo~1~ TO ANTTH~E Whereas, No. _____ To-Wit: _ OFFICER: i~µ~~~~~~~~~~~ ""-- bo to be further dealt with according to law. (bod" s . b f the above accused, to answer the said complaint and 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 VIRGINIA-COUNTY Q..,_ _________________ I.------------------- - to-wit: Trial Juatice Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that and-------------------------, to the Commonwealth ________ as hi1 sure ..,_ __ --,, have this day each acknowledied themselves of Virainia in the sum of _________________________________ indebted --:;;. _ Dollars ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth be rendered, yet upon this condition: That the said __________________ of ---------------------- _, shall appear before the County, on the ________ to . Circui,t Court Trial J usticc day o,_______________ , !9__., 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 farther condition that the said--:-------------------from the date hereof. shall keep the peace and be of good behavior for a period o._________ Given under my hand, this _______ day of _______________ _ 19__ days , --------------- T. J., J. P. tI1 >< n0 "C: n ) < !" ,. ="' Q. .... _vi· :r " ~ c) ~ ., 0 .... Q. ~ '.:1 ::, (1) ., t-l 0 E ..., 0 E I'") 0 "' "' n0 3 3 0 ::, ~ "~ CJ) C: 3 3 0 ::, 5· l1Q :r ~ ; ~ 0 ... ::, ,. ,. "' "' en " '< ~ ; "' "' "' :> ;; ::, Q. ., ::, ("J " '-< ~ '°Ij ""., ::, n ;;- ~ ... ;;., :,;l1Q " :> ... ., " ~ o::1 ~ ..., .... ;:;· ., < < ::;· ::;· ... 0.... 5· 5· 'O F' F' ::, ., ~ .., .,., C: Q. Q. '< ::, ~ ,. ::, l1Q ... 0 ., l1Q 'O 'O ., "' ., (I ~ ~ Q. '< o::1 .,.., c:r "0.., 8. 0 "' :r Q. "' t-l ... '< (') En '-::;· C: g 0 !'/l s:: !'/l 0 ::, ~~- :r " ., ;;· (') 0 i:: C ~ .... '° n 0 l ':< C: ::, ., ::r- " ~ 0 ~::, l1Q ~::, ,. .,, "' ,. "' ~ ... "... .... 0 .... "... n 0" l1Q ::, ,;"' Q. �COMMONWEAL TH vsu!¼c-erd.c.)v,,. ?/IL/~ t..l' dt.. ?<--- 0. DESCRIPTION OF PRISONER Last known address ___ Color Marks Height ) /' ({2 __.£.11~~~~~-..L_~:::::.._ _______________ Eyes,_~=--=-- 1 /(' Ag'°-e_f-=-----3=--Date of Trial1-__::_ _ _____Jc........r___:=----;-----~-------------------Result L/~ ........ Hair_~~=b-=-- _ Weight / I~ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ..........Deputy ..Earl ....Turner., ...Trooper ................ . .................. J. .•....R ......F.ail.es., .....Archi.e ...La.m,......and ....o.sca.r- ...w.1-1.1.i-am•··Fr-e<l················· .................. Cubbage ................................................................................................................................................... . to ap~e.a efore the Judge of the Circuit Court of Rockingham County,at the Court House thereof, 3 at t©;'X1h'clock, a. m., on t9-e......llj_th ............... day of... ........................ n·ay ............................................ 19...?..hL to testify and the truth to say in behalf of the Commonwealth against .......................................................... . ~""£:j~j:lwho stands charged with and indicted for a feJ/ny ~And this you shall not omit under penalty. And have then and there this Writ. Wimes .R.©BlltID&WdffE~btif~i;~t day of.. ......J-~8.:Y. .......................... , 19.?.h. ..., and in the 17 ...8. ... ea TH ■ ...... a Pl.EU, HAU,UONauac, .... the Court House, the ....1.0.t.h... �~~ ~o:: Commonwealth v. ) vi tness E-4 E-4 ubpoen~: ~ ; . ll+, .,95U: EXECUTEDs/4/.if IN THE co TY ot at 9 : 3 0 a • m. ROCKINGHAM BY DELIVER!:GA TRUE To M-ay COPY O T WITHIN~e, • oz E-l> ZH H ril H µ:1 ('.:l ~ co ~ • ._ 0 TO-!;i!..:...J~-L~~:z.._----- . <d µ:1 ::r:: c!:l G:. E-IZO pH IN ~~t ~ 0 ~.:i 0:: 0 0 O E-< H CUTED6"° -//-,f9N ROCKINGHAM BY D HE COUNTY o G A TR co ROCKINGHAM COUNTl DERMAN FF R8CKINGHAM COUNTY ��_y / 0 Pt#lu ��W" .. @~ ;;=,y,-Ji.f JI fl. �- ���r 1 . Co;n, .. V, fY~ ~s_ f-11--JJ ;I JI. ~· ��1 ~3/lk; ~ V, ~~ j- lc/-J{- ll-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 Oscar William Fred Cubbage Subject The topic of the resource House Breaking Description An account of the resource Defendant charged with house breaking 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_008 Cubbage https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_011_commonwealth-v-owen-gilmer-kephart.pdf 16d3e2931b6c640407cca3e44200e0f5 PDF Text Text l OLIN GILMERKEPHARTCONFESSION 2 3 4 5 name is 01 in Gilmer Kephart; My and I live on Route 2, Harrisonburg, room house that ~o 6 7 Baugher farm statement 8 that 9 criminal 10 v--r I built five or six years ago on the James f . I o..s-f'I-• .11 the foot of Shand's hill. make this I say can and wi 11 be used against prosecution. this Nevertheless, 19th day of September 11 the Commonwealth's Attorney, 12 Virginia, 13 D. Conrad, Sheriff 14 H. Raynes, and Court Reporter in the presence wife, me in a I do make the following 1954, in the office Courthouse, A. L Strawderman, 17 six children 18 and I am paying the Welfare 19 company who is building one-room building Deputy Sheriff George Robert C. Overton Lee: Dorothy Kephart, in this of Harrisonburg, of Commonwealth's Attorney 16 20 in a one- -f. c.u, everything My Virginia, of my own free wi 11 and accord and I understand statement 15 I am 44 years of age; and I were 1 iving together at the time of the shooting. Our have been put in homes by the Welfare Department The trouble people. the addition work for the Freel in to the I had with my wife started Waterman School. on Saturday 21 afternoon, September 22 that In the morning, 23 drank a couple of beers and purchased two fifths 24 which we took home. in town and my wife 25 and I returned day. 18. had been off from we came to Harrisonburg I ate a sandwich home about noon. C. OVERTON COURT ork all I don't LEE REPORTER HARRISONBURG, VIRGINIA of where we of wine, know exactly what �1 WOl2231~0l T5AH93~ H3MJl8 WUO l i9 I I - I e rtqe • , amr i j) tt, 2, n ni l, t no i t 1udnoei·1 7 21 , i c;. '{ 2in bn . rri XS •-t t iebnu I bn bio:,:i rrol erU cer erlt n i e:iillo 0 e.>I m ob I 1ll..!,. ~ n,_ft ~ ,ti, 1 , m1 1 al r, a (., ..(J J ,; flHl1 , .I n _, n iv i r uO ::n 1r rU ·, t rl j j b .;t, I l. ~ , r ~,,. TO I ' ~ ·1 ., d ri rl j t bn L_ J· mo, ei,1 t Of;i • ,u T n •d b rl I- j e 0 ,4 0 ,n J orlv; ns ·1 d . rP f.J r A3TflOq3f1 A 1 "11i>fHV TRUO:::> i>AUSi-10,W'IAAH moo ~1 er 0~ , l ul,. . i ri· j • 81 8i ,'nrnb lJ o.t s nwot r. i r1::>t !>I Ir ., , . .H ie '(n6 b.srl ni 1 ~I EI I .r, 11 .a rtj ni ,, rl •I or I i '{ if ,11i .ta e"ti OJ eH (.; j V ,, 1 i ,. 0 '{rUo, rl j gnibf iud I I rl s o i1 i bb rU 01 ~ 0 inig,iV . t lli " i m f I f ri Juq ne d • a jn nibf iud e marl '{d ,l 1' ,e:t ' mi 1 r e i rU 1 , .t,.srl a/ Of rlJ lo nitoon ,, .., li ,, I ...J 1,0 , rlgu ·,8 r ni J t • e • :1t r n 1 a e I r1:t 1 . !). , I nwo '{Ii lo :tnem i ia t .I 11f IS~ ~ 11 .noiiuoeeo,q 19V bns eu j ! e '( ir 0 ' \-. • ~ ,u , u i11 n r n Jool erl t j \ t e ei Juo~ tr i ud r r iv oe, 0.6 rI ~ <'.' \ . ne, 'bo • H vil f r0 11i rs ~~ cs: !>~ c~ - �2 Kephart - Confession 1 time the trouble commenced, but it was some time after 2 arrived 3 consumed one of the fifth 4 second. home where we had continued We were both pretty 6 raising 7 up a hammer and struck 9 and had of wine and part of the drunk. While we were in the house, my wife got to cussing 5 8 bottles our drinking we the devil houlder, and I told and then her to keep quiet. and She grabbed me at the back of my head and on the ic d up a butcher over the head, which brought knife and cut me down the blood that was on me, but 10 none of the blows required 11 blow from the hammer knocked me down and I reckon knocked m 12 crazy. just 13 that. Some things 14 1 Ike things 15 don't medical attention remember exactly for me. what happened after I can remember and some I can't; it look come and go. After she had struck and cut me, she started to leave 16 the house and I grabbed a single-barreled 17 setting 18 Pau 's Trading 19 of cartridges 20 both outside. 21 and I was about halfway from the house to her when 22 The shotgun at the side of the bed, and which Post back in he with No. 5 shot. ummer, and I have not done much shooting The first time I shot at her, 24 around and started 25 and fired was had bought at handful lso When I shot at her, we were She was about 24 feet 23 that from me when I shot, and very 1 ittle I missed, back towards me. I shot. hunting. and she turned I reloaded the gun at her again and missed the second time, and she C. OVERTON COURT LEE REPORTER HARRISONBURG, VIRGINIA �j I , I d . I �Kephart - Conffession 1 kept coming towards me. 2 shot and hit 3 butcher 4 had knocked me down with the hammer and I didn't 5 whether she wanted to ki 11 me or what she wanted to do. 6 7 knife her. The third time, to the ground, I left 8 house and locked t e gun up in my ool 9 the house unti 1 the sheriff came after 10 I turned my shotgun over to him. 11 had gotten the hammer and know her laying there, tvent back in the ox. I stayed me and at that in time In the meantime, my wife up and gone somewheres, know if she left and I shot her because she did not go up to where she was, and don't I reloaded She was stil 1 carrying at the time she fell. When she fell 12 - 3 but I don't know where. the house because 13 gun or not, 14 and 15 town. 16 but, 17 and while I would not be too sure about 18 he tried to take the gun away from me. I got the but she was wanting to come back to Harrisonburf kept telling The fight her that was still she had no business back in going on when I grabbed the gun, as I remember, she did not say anything it, when I got it; I do not think She was drinking 19 right 20 21 My wife and were married about 1934. She is several L/o.i 1e.r years • than me. ie had been having trouble for a long 22 time before 23 around, 24 her a coupl of times to leave, 25 stay a night or two and then come back again. smart. this, mostly about her coming to town and running but it never got to be anything C. OVERTON COURT I had told but she would go off and LEE REPORTER HARRISONBURG, serious. VIRGINIA �Kephart - Conffession 3 1 kept coming towards me. 2 shot and hit 3 butcher 4 had knocked me down with the hammer and I didn't 5 whether she wanted to kill 6 her. knife The third time, She was sti 11 carrying at the time she fell. When she fell I reloaded and the hammer and shot her because she I know me or what she wanted to do. to the ground, I left her laying there, 7 did not go up to where she was, and 8 house and locked the gun up in my tool box. 9 the house unti 1 the sheriff me and at that 10 I turned 11 had gotten 12 came after my shotgun over to him. know if she left but I don't stayed gun or not, 14 and 15 town. 16 but, 17 and while I would not be too sure about 18 she tried to take the gun away from me. 19 right in time my wife know where. the house because 13 20 I In the meantime, up and gone somewheres, don't went back in the I got the but she was wanting to come back to Harrisonbur kept telling The fight her that was still she had no business back in going on when I grabbed the gun, as I remember, she did not say anything it, when I got it; I do not think She was drinking smart. My wife and 'f OIJ/t 1~)- were married 1934. 21 years 22 time before 23 around, 24 her a couple of times to leave, 25 stay a night or two and then come back again. -8'.!j•¢ than me. about this, She is several We had been having trouble for a long mostly about her coming to town and runni g but it never got to be anything C. OVERTON COURT I had told but she would go off and LEE REPORTER HARRISONBURG, serious. VIRGINIA �4 Kephart - Confession 1 I have never been in any trouble 2 or shooting 3 anybody, or anything like before that; for cutting the only trouble have had has been caused by drunkenness. 4 We were to move from this 5 trouble, 6 a week's but I house on the day of this could not get a truck. I had already rent on a house here in Harrisonburg. h aJ t-e..<1.. _, o .,.1,, e. I haverthe above statement and the facts 7 8 therein 9 Signed: are true and correct September 20, 1954. 11 13 Olin Gilmer Kephart I~ WITNESSES: 14 15 16 17 18 19 20 21 22 23 24 25 C. OVERTON COURT stated to the best of my knowledge. 10 12 paid LEE REPORTER HARRISONBURG, VIRGINIA �01 11 \ I l �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: to appear before the Jitdge of the Circuit Court of Rockingham Coitnty, at the Court House thereof, a~ ~'clock, say in behalf of the Defendant ................................................. of ..........O.c.t.o.be.r...... . .....19 ..54. to testify and the truth to a. m., on the.l.8.thlay in the prosecution of the Commonwealth against........................................ .9J.JP- ... Qtt~~.r...K~pl;l,:i:r.t ................................................................ .. who stands charged with and indicted for a felonyXmfill~KX And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....15.th day of ..Q._qt,9.p~.+............. 19 .. .5.4,and in thel.79~ea alth. ........ ��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, a<f~'clock, say in a. m., on thel.8.t.hlay behalf of the Defendant of. .........O. .t. .b.e ................ 19 ..54 to testify and the truth to in the prosecution of the Commonwealth against....................................... . .................................................. O.li.P. ...O.~.l-,H~ ...... .'.:.~....... rt who stands charged with and indicted for a felony~fi'l .................................................................... . u- And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....15.th day of ..0..c..to.b ..r ............19 ... 5. and in the 79. ........ ��COMMONWEALTH 2~~ - vs.~,,,,__, ,~ DESCRIPTION OF PRISONER Last known address Color ---~~""71''-----L._/JL__:_ )(Y: Eyes Marks,--=&=-----~__./"---...Lr _______ Age (}.A Hair lb.It;: _ Weight / ~.:, _ ~ 3/~ Date of Trial Z--_____________________ __ J -~ Height ' OccupationL.____!~~2:1~~::-::=:_ / 'k:- _________________ _ "Z,,-r:) - -S-'7 -!:P~'~ r ,1 Result,__....,_!:::2_---L------,T£r-.,--"'~ •~--------- _________________ _ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ................... P.~P9.~P.-Y. ..~~.P.~~.~.~J.....-?':~.~~·~·········· ..................... Baugher~ ...(Rt .•.. 2, ...Harrisonburg)., ...sheriff ..A. L •.................... .....................Strawderman, ....Deputy. Sheriff ..Earl .. Turner, ....and ................... . ..................... D.e.put.y...Sb..e.r.i.f1'...W. ..A ......Sp.1t.~.~~································································· to appear before the Judge of the Circuit Court of Rockingham County, at the Court ~:cc House thereof, at~ o'clock, a. m., on the ...2.0 .....day oL. ..P~.1:g~mP..~~ .............., 192.4., to testify and the truth to say in behalf of the Commonwealth against .............................. . OWENGILMERKEPHART 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, ....1-4 ....day of ......D.e.c.e.m.b§.:r ........... , 19.5-4-. TH& SB.II.VICE PRESS, HA1UllSONBUllG, TA. ~~. d n at the Court House, the �'U ~c5tr G ~ {;? \,;., \.._:i ' / J.~1 r71~ . / l __:·_ 0"' "° •• 0 ...O·N ,~~~--······-•DEPUTY ~ 8 0 ct-• CD CD CD ~ ct::, - <I . 0, 'g. CD 0, CD ~ 'O 0 er i::: P-1 tn ~ S ~ 0 ~ CD ~ ct::r- ~ 0, ~ ~ CD ~0 0 0 ◄ -•◄«--.... SHERIFF: ·°' ____ JN THE COUNTY OF Rq_CKIN~ / BY DELIVERINGA TRUECOPY OF THE WIT!~~ EXECUTEDL:2d~_S( f\ _,_~-----------°'o .._ ____________ ~ COPY QF THE WITHI ~..~ECUTEn.~-/6:/~'N THE COUNTYor 7 ROCKINGHAM BY DEL~G A TRUE IN THE COUNTYOt ROCKINGHAM BY DELIVERING A TRUE ~ \ / COPY lECUTED___ / Iv~\_. -t::.. " • r-,'-.. / <'t.., ~ /"I';--...._ - ../\ \ . ,.,. ~ ..._ ... C.0 - N·1 ,~,_ :;.._ ~ (-,.. V) ~ ~,~ Q f'7) C") ( ✓-'_/ ~ -- C >A _.,A,. /2 •03 '-"' --\ --I -~ 0 >f $ (') () .::ti ..,_ ~!'.::'~-./.-./~- '1',., \ 911-kQ;;·. ~ <r, ..._ ·/ ~ 1 o r:.: c:, \: .:,_ �In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded of Rockingham County, Greeting: Mrs. James Baugher to summon ____________________________________________________________ _ to appear before the Jud~e of the Circuit Court of Rockingham County, at the Court House thereof, at~ g'clock, a. m., on the ___ ?_Q______ day oL .....P..~~-~~-m~~-:_t' _____________ , 19__5._4 to testify and the truth to say in behalf of the Commonwealth _____________________________________________________ Q"WJi:N ___ against -----------------------------_ GIL.MER__ KEPHART ______________________________________ _ who stands charged with and indicted for a felony 1~r. And this you shall not omit under penaJty. And have then and there this Writ. Witness, J. ROBERT SvVITZER, Clerk of our said Conrt, at the Court House, the -----1..S----dayof __--.De.c.emb-er.------------,19 __-54,and in the -------.fe~~--THR SBI.YICE puss. HAI.USONBUR.c. YA. -11-9year of the Commonwealth. -------------------, Clerk �Commonwealth v.) Witness ~wen Gilmer Subpoena Kephart To Dec. 20, 1954 at 9:00 a.m. ~T CUTED~N THE COUNTYor ROCKINGH{M BY DELIVE GA TRUE COPY OF THEW TH.u,,o,,i;~,.___ ~PER~·•"' t:2,~~ ___ ~<de: S'?fJ ���Conip. Form STATE 18 OF VIRGINIA \ ~ OF No. __ To-Wit: _ HARRISONBURG CITY TO ANY SHERIFF OR POLICE A. t. Whereas, OFFICER: Strawderman Sheriff of Rocki:g.gh.amCount_y: __ _ _.,J...,,a,,.m .... e...__s--"W.__. ..__L __ i...,..n~e'-"w..,.e...,a .... v......... e.-.r _____ has this day made complaint and infom1ation on oath before me, _ _ (Name) _ __..J~u~s"-'t,._,i-.-c .... e'---"o .... f.___t .... h.....,..e'--------"P,___,e""'a~c..,,,e'-----of the said~, tha.________________ _ Rockingham (Title) __________ or about did on/the-18th O_L_I_N_G_I_L_ME_R_KE_P_HA __ fll'--=______________ make an assault Kephart, September day ot . 19-5.4-: in~ Unlawfully on one Dorothy Kepharti and her, unlawf'ully feloniously, wound with a deadly weapon, to-wit: a shotgun, the said Dorothy Kephart, then and there disable or kill the peace a ainst and feloniously the said and maliciously Dorothy did shoot and with intent Trial Justice Court of t and dignity of the Commonwealth. /' i ~~in t_yunty, her, to maim, disfigure, -----------------------------------------,- These are, thereforRo County - the name of the Commonwealth, to apprehend and bring before the 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 _______ _ Ci Address ________ _ -□ __ color as witnesses. Given under my hand and seal, this~ color ____ Address _______ color ____ Address "it!4 Q___day of _ --□ -□ �STATE OE V!RGINIA-COUNTY OF __________________ ;. - - a _ Trial Justice Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify ti.at and -------------------------, io the Commonwealth ($.________ as his sure~----, 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 ; shali appear before the Court Trial Justice be rendered, yet upon this condition: That the said ___________________ 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. (i 0 ~ -~ c:: 'Tl ~- ::, "' ti 0 (') "' 1,1 s5· ~. ~ 0 ... o· z ~ n U) 3 30 3 30 0 'Tl 5· >-l ~ ~ "' >-l ~ ~ (i 0 ~ "' ::, ~ "' ~ ;. > ... 0 .... ::, "' '< C: ::, 5· OQ ~ ~ "' "' "' "' ~ s "' "' "' ~ ._ ~ 'Tl "' "' Pl (i ... ;,;- . a:: >.... .... " " "' Pl OQ "' ,.... "' tc ~ ~ ;. lij > I:"" "' ~- ~ I ➔ ::i:: ~ ::, n ::r .... Pl OQ ·"' I -, .... E ~ Pl .... ... C: 0. '< ::, ,.... i5. .... "' 'cl ::, ~ Pl 0. '< 0 ::, Pl ..., s.. (') 0. .y; Pl "' Pl s.. "' ::, tc ::, "' 0. .f3 .y; 0 0 5· 'O 'O Pl F. .F ~ ~ "' ... Pl er >-l ::r g_ -fF, f\) 5· ... <: ::;· OQ "' "' 0 g:: ➔ tll 0 fl) . <: ::;· OQ "' 0 ..., "' ;. (') I ':-0 p 0 s.. } z i( i( ::, .y; ~ lij ➔ (') Pl ~ t < ?' 'O 0 . ri ::, C: "' C: ;. "' "' ~-~· ti (i 0 C: rv I-' rv . >-l ..., p;;· 0 -n~- ~5· ...... OQ f\:) n. 0 0 ... ... -'° I J !. ... ::, "' "' "' "' "' ~ ... "' .... "'... 0 "' 0 (') (i 0 C: ::, OQ :.< p.. ... ::. N "' �TRIAL JUSTICE Criminal Docket COURT Ne.>15936 A Com'th V. Owen Gilmer Kephart Defendant AU-1 Appearance Date 9-20-54 Trial Date P:elim.. Hearing waived. D3fendant held for action I of Grand Jury. ��rtft, Docket No. COMMONWEAL TH of VIRGINIA ) vs. ) Felony ( fa) ) On Warrant OWENGILMERKEPHART Julian K. Hickman ~==~-====---------P• Own ( } Appointed d. (X } .t954 Sept. 20. Indictment &c. waived; arraigned & plea n.g.• & set for trial October 18. 9/7':/ ~- I I ~- j:; })-~ 4~-~~- ~YtJ, y' I). ~ k~ ,I CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �\ � 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 Owen Gilmer Kephart 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_011 Kephart https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_010_commonwealth-v-owen-samuels.pdf 08079876a59fce501dff00f934342ccf PDF Text Text co a..o TE OF VIRGINIA, COCNTYOF ROCKI!--TG-., to-wit: LT THE CIRCUIT COURTOF s ID co _;TY= The grand jurors of the Commonwealth of Yirginia, 'or the body of the Count Circuit oaths Court do present October, to-wit, at Owen uamuels, County, a female with child did make an assault, to-wit, aforesaid, against its and -ne 1 attending June term, ·19~4, the peace and force in and u on and arms, day of the age of sixteen (15) years, and her, eloniously and dignity upon their 31st on the day and year unla 1fully the on or about·the under of the age of firteen t~en and there, buse, County, said I orrisor:, feloniously , ounty that 1943,.in one Betty years, of said of _ ockinghan, in and unlawfully the said Betty aforesaid, (16.) and Morrison, and in the did carnally kno and of the Commonwealth of Vir- ~inia. This indictment on and E. P. Landers, -ranct. jury LAWRENCEH. HOOVER ATTORNEYAT LAW HARRISONBURG, VIRGINIA to give is found upon the testiriony witnesses eviaence. sworn in Court of Betty and sent :..orri- before the �Indictment 1!1 oreman Commonwealth's Attorney! Lawrence H. Hoover . Betty 11orrison 2. ~. P. Landers Wit.nesses: June Term, 1944. Felony: OWENSAMUELS v. COivihl01'.'Y'JEAL TH STAT. RAPE �Commonwealth of Virginia, Rockingham County, To-wit: to be levied of their respective goods and chattels, Virginia rendered, lands and tenements, and they each severally waived their homestead for the use of the Commonwealth exemption of to their recognizance; yet upon this condition: ___, and at such other time or times to which the proceedings may be continued any court or judge hereafter having or holding any proceedings in connection and there answer the Commonwealth of Virginia concerning or further heard, and before with the said charge, and then a certain __ ___________________________________ whereof the said--~-- -------------------- ______ ___ _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. --__ Lj-;;;J__~••~:•,: ~o affix my signatu<e this ______f- ~ _________ day of__ ____________ ----~- ---- --- -----~ OMMISSIONER) ��SP.-20 REVISED MAJOR C. 7--4Z. W. WOODSON, JR .• 0. SUPERINTENDENT M. BALDWIN SAFETY CAPT. J. R. PERSONNEL R. OFFICER 0. AVERY RADIO LT. W. 2-2811 RICH G. J. COMMONWEAL TH OF VIRGINIA OFFICER DEPARTMENT TELETYPE ENGINEER C. THOMAS EXECUTIVE TELEPHONE ENGINEER NUNN OF STATE P. o. rlox I, Olten G1.17Samuel ■, being aober and of ■oun4 mind, make the following etatsent to Trooper J, P, Lander•, at State Police Head,uartera, Rarriaonburg, Virginia, at 7s40 P, M,, Kond.8',V,November a, 1943, without tear ot punishment, or prCIZliH ot r•ard., haying been warned at the time ot aall:tq aaid atatement, that all, or a.iv part ot it ma_ybe uaed against me: • I ti..t met Betty Morriaon on North Main 3treet,near the Bua Terminal, in ll&rriaonbUl"g, at about 4:00 p. M,, saturd.aiJ, ~tober 30, 1943. Homer Moubrll.!6' &Di I had come in on the bua trom mkton, reaching Harrisonburg a little attar 3: 00 P, K. Homer and I had been to the Harrison Hotel, and were coming back up the street, 'rerminal. when we met Betty Jlorrison Ol"FICER POLICE RICHMOND 366 McREE BUSINESS and Oren JlcDaniel in front ot the Bus When we met them, we ■topped &IMl.•er• talking to Oren. We stood there tor a good while talking to ,hem, A.bout an hour or more, I imagine. Then l•t11• .. ••nm FloJd Korrie csne along, am we (Homer &lid I) walked across the street to a restaurant and got a drink ot beer. We had one bottle each. pretty 1lhen we came out of the reataurant atter about 10 minutes. we went back aero as the atreet, am Betty Yorriaon and OwenM~D&nielwere standing 1n front of the Bua Terminal. We talked for a while 1n tront ot th• reataurant, then we went back over where Olfen and Betty were. Whanwe ■■ Ha •ent over there, Betty asked me it I wanted to bunk with DB her. I told her no, I didn't want to. !hen ahe --• ,aid, "Yes, come on," and handed me the key, •~ ing that 1t wa1 the key to her room, number 2. I told her to keep the kq, that I didn't want it, and that ahe might be wanting to go into her room, and I would h&Te the key. Betty than tried to walk up the street with me, Ind I wouldn't walk up the ■ treet with her. i'hen ahe tried to walk up the street with Robert samuela, who was then with ua, and when she tried to walk with him, au he turned aroum and atartM to walk the other•~• She first tried to walk •1th one, and then another of u1, but none ot u1 walked with her. The last I •• of Betty, Morrison on thla ocoaaion, waa in tront ot the .Bua Terminal about 8100 P. •• I told Betty when I l&tt her there that I might aee her about 11 or 12 o'clock (Midnight) out at the Harrison. I didn't aee Bett7 aey more until about 2s30 A. M, Sunday, October 31, when I came back from a. date with 1111'girl on Johnson St!'eet. ..... Homer Uoubr&y, Robert samuela and I were together then, We went into the Harrison Hotel and had a oup of ootfee each, and then came baok out. Just aa we stepped out ot the door, Betty Morrieon was coming up the atreet from down town, and she hollered at me. (51-~ J~ 1299 �; �MAJOR C. W. WOODSON, JR. D. M. SUPERINTENDENT CAPT. J. R. NUNN PERSONNEL LT. R. RADIO W. C. THOMAS G. J. COMMONWEALTH OF VIRGINIA OFFICER DEPARTMENT TELEPHONE TELETYPE 2-2811 RICH ENGINEER D. AVERY OFFICER EXECUTIVE BALDWIN SAl"ETY OF STATE ENGINEER McREE BUSINESS Q,-FICER POLICE RICHMOND P. 0, BOX 1299 366 We walked on down toward her am met her. She then uked u ■ which one ot u■ We all told her •e were not going to stay with her. Then Oren KcDaniel came up and atopped and went to talking with ua. waa going to st8',V with her. Bett1 then uked me again it I wu going to at&¥ with her, and I told her pa I didn't want co. 1'hen abe aaid •one o~ 7ou bu to ata, w1~ m••" Then 1he started to talking to Robert samuela, and kept after him to go in tlw Ro~l with her, am he kept retuaing to go with her. Sile finally took hold of Robert's arm, &nd pulled him into the hotel. Robert WU holding back. $he took him on up the ■ tepe to her room. ~n .. and Homeitwent into the Harrhon Hotel to get a room, and smr a eign on the desk that said "No more rooms." •• then walked back out on the etreet and ■ tood there for a few mlnutea, then Homer and Oren McDaniel went up to Betty Morriaon's room. I stood out on the street until Homer came back. which was in a minute or two. Homer came out • but J4cD&niel didn't come with him. .l.tter Homer came out. Wo etood there tor a while, and wondered whether Robert Samuels waa gobig with ·ua, or was going to st"1 at the Hotel with Betty Korri ■ on. Then me and Homer went back up to Betty Morrieon' s room. When we went 1n the room, Betty Morriaon alld Robert Samuele were sitting on the bed, and McD&niel waa stallding up at the toot of the bed tallcing. Atter a couple ot minute•, Homer and McDaniel went out. Somebody put the light out atter McDaniel am Homer went out. I don't know who it••• !hen Robert samuela, Betty Morrison and I 1-V acroaa the bed. e hadn,'t been there but a little while, until Betty rolled over against me. She put her arms around m:, neck and kieaed me. I put m:, arms around her. Then I put ffI3 hand inaide her pan.ta on her pr1Tate parts. She didn't aay ~thing and didn't try to stop me. She bad her leg over across mine. A~ter taat, I reached 1n m:, pocket and got a Nbber out and put U on. I then lay back doWn the same way we had been lying before I put the rubber on. Betty then turned over on her back and I turned O-Yerwith her and got on top ot her. I al ipped her pants aeide and started to put U in lwr, but I come before I got it in. ~n I a1ked Bett7 where the bath room was, am got up am got my hat and walked out. Betty kia■ ed me when we turned o-Yer with me on top of her. I bad rq private part against her private part, trying to get it in her, but she was too amall, am. I couldn't get it in. I didn't 3:00 A. see Betty Morrison~ u. more after on Sunday, October 31, 1943. l);.IJ.h,zt/ ' I left the hotel. &~-o~- Thia wa.■ about ��COMMONWEALTH v. ) Felony cdl¾e-✓-IZ (stat. rape) �- -- -------- �Arrest Warrant 6 The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: . P. of the said County, that_Q~~~~~~~~~~~~~~~~~:::::::::_________ on the ____ -..------7"-~ ~~- These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring befo,e the Tdal Justice of the said County, the bo'Ze <f~ ; ____________________ said~ ~-=----=------:.-----=-------- to answer the said complaint and to be further dealt with according to law. Given under my hand this __ £.,,___d ___ Memo. of Commonwealth _ day of Witnesses: Name Address ----------------------- - - - - --- �of Rockingham, State of to the ) as to County at That the said indebted and .................................. . themselves County • have this day acknowledged dollars appear before the Trial Justice Court of Rockingham to be made and levied of their goods and chattels, yet upon this condition: OF ROCKINGHAM, TO-WIT: of Virginia in the sum STATE OF VIRGINIA-COUNTY Commonwealth which they severally waived their exemption, <J) c5 <I) z.... 0 u ~ Cl ~ ...c: .... E E ~ C: 0 <I) ~ Given under my hand this, .... I-< ::, 0 <I) u u ·p ::, ...... ~ ·;:::: I:-< .8 E ·;:::: u 8 C: .... ell I-< I-< ell .... ~ <J) <I) I-< I-< < '-v--' ,,; > !.~~ 1 ~ ·~~~ ...c:_ ~ day \ I-< ell >---... ..D 0 ell c: '"'d 0 .... >ell <I) :::: ..D ~ ...c: C: .... ·- I-< ~ -~ > :?: <I) <I) OJ .:.= ...c: .... '"'d '"'d '"'d <I) C: ell C: 00 <I) U :i I-< <I) ><·i:.r.l t: T. J. or 0 0\ ..... ""' ~ >- ell '"'d ~\¼ a\ ~ ~:,~: -4 ~ N J J ~ <I) u ...... <I) <J) .::! I-< ,r <Jr <I) "' "' C: .... ei ~ ·a U) O· <I) 00 ell ~ ell dJ 00 ~ j "' -1-< u <I) l:E 0 C: ci \ \ <I) u I-< <I) l:E 0 >- > QJ .D '"'d ~ ell I-< .... "' ~ j I-< <I) C: 0 I-< -~ ·;:::: 0. '"'d <I) I-< ell u "' ~ j :~ I:-< .... ~ 0 l~l '21J ~~ <I) ell j "' '-g :E ell <I) u <I) ~-< <I) ;,;:i\ ~;¼l: <I) ~ j ~! 19........ . i5 < '"'d u.. j ~ ell 00 <I) <I) <I) <J) :::, <J) ~ <I) ~ ,.2, u.. ... ellC: C: C: >::, 0 "' ell "' 00 _oo ...... .... "''"'dC: EE ~ C: ...!:.d "' ~ ..... I-< --; s ;:! EB ......... E 0 .... ...... ::, ·ca U< ...... .::! .... -<I) <J) u.. ft) <I) <I) ~ J. P. or Bail Commissioner <Jr <I) C: µ:: c: .............................................................................. , 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 then 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. ~ ~~ ~ ~ z~ ~ ~ C, 0 ~ ~ 1~~1t <I) ell 00 ~ ~ 'j-.. IV\ " ·s ~ "'-S) --; .... I:-< ......... ~ 0 <I) .::! .... "' ::, ...... �g;;;c PrisonersReportof Rockingham CountyJail //- v-- 7--3 Name ___{/;_~-~~-------~-- __Date Arrested __j ___j~~'=2- Date Bailed 0uL/J~-£-~_'i__$ _z4--:=- _____________Again Placed in JaiL __/_~/_-~-~---!_f?___=----- ~::e1:;;,~~'Ft~~!f:;_c~~~-S•~~,~--=~-~,,rie~~:::::::_~•~o,c~: ::: Place of Birth ________________________If Foreign Born ____Time in U.S. ______Years ______Months ______ /d!::(1 _o(_ _____________ l, Pmon a Dcunka<dL Physical Condidon ____ Can Read)_~-- W,ite?_~_ Occupation_l~ffense - - - - - - - °' D;,u/b 7-7,1 Committeed_~_/J_~ City Ordinance ___________________________State _______________ Held for Grand Jury __________________ Held for Trial_ ___________________________Sentence_/.&..~. Years_ ___________Months ____________ Fine ______________ Costs ______________ Time in JaiL ___________ Held for Penitentiary ____ ~--Held as Insane _____________________________ Held for Other Authorities _______________/ __________ Behavior ____________________________________________ Date of Discharge ___________________________ _ DESCRIPTION OF PRISONER Height_ _____________ Weight_ _____________ Color of Eyes_ _____________ Color of Hair ______________ Teeth Marks _____________________________________Hand Marks ____________________________________ Arm Marks _____________________________________Face Marks ______________________________________ Shoulder Marks _________________________________Back Marks _____________________________________ Thigh Marks ____________________________________Knee Marks ____________________________________ _ Calf of Leg Marks _______________________________Foot Marks------------------------------------Fingers Off _______________________________________Mole Marks _____________________________________ Neck Marks _____________________________________Brest Marks ______________________________________ Left Arm Marks _________________________________ Right Arm Marks ________________________________ _ Left Leg Marks __________________________________ Right Leg Marks ________________________________ _ Fine After Prisoner at Jail; Amount to State$ ___________ Amount to City$ ____________ Date Reported y " . ) ________________________________________Deputy andJailor ~> - _----- ___________________________________________ Sheriff ��COMMONWEALTH VS .. ~ DESCRIPTION #t:Z44M.~ OF PRISONER ~ __M __________________________________ _ Color_ _____)jc __ - Height_ __~_-:-:__1__Eyes__~-Hair_ ___k____ Weight__L_!:(/_ ___ Last known address __________ Age _____ 1 °I________ _ Occupation_-----~----~-- ____________________ �\ �cc . 'ONi' U..THt9F VIHGra ~:J~ It app ing to th 1 ·o... r~ ___.,..._ ___ t...;;....t;....h--s-c I V ni. Gi ourt of n unoer ~ h n 71 Court t t t venile un er tr nsr rre b Count this ~ o th Juveni d the City o if:I..:.y or ~ , it Is nd Vomestic rri onburg, 194 • ~CJ1(t I I Tll " JUV IL IC COUt-TY A D 'I'B CI'rY O HAR J·c;~~~ sent F ••oc al GHA: ,· C UR'r VlRGl • ��18 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 Co~ Hom.er Mowbray., Mary Emil Samuels, Elkton, of Virginia, to summon _________ ~ day of and Alice Samuels Va. B•l to appear before the Trial Justice Court of said County, sitting at in said County, on.__ 6_t_h ____ Samuels, December Harrisonburg, Virginia ,1943 ,atthehourof 2:00 of that day to give evidence in behalf of_ ... D~e,..f...,e.,,n....,,.d.,.,a..,n"'"'t"Y-, ___,_Owl..ll..>e ..... n......__._S"'am:~u.....,..e"""l .... s..__ _____________ in the pending case of Commomrealth v. Owen Samuels. Given under my hand this.__ _ 2_9~t-"'h=----- P.M. _ �Trial Justice Court '- _____ Docket No. ___ _ Commonwealth V. { Witness Subpoena Owen Samuels I I I i 1::, I m l• i -.,.) ::::s I I I 0 Q.) >< l) )i l .s To. Dec. 6, 1943 at 2HII �~==~ Commonwealth of Virginia: ~= •,e ~,by To the Sheriff ''.::'.".d,d '.~ to appear before the Judge of the 9'~uf1 Court of Ro at 9:30 o'clock, a. m., on the ......./.6..~day of. ........ . to testify and the truth to saY, • behalf of the Co of R.ci:ckim~m am County, at the Court House thA, •••••• ••••••••••••·•·•·••••·•••••••••·•••···•·•· 19 .•••• ¥ ND JURY ..................... . who stands charged with a felony miulemeanor.A~d this you shall not omit under penalty of Witness, dayof THE SERVICE ~~~j~T SWITZER, zJ'r PR.£SS 1 HARRISONBURG, 19,,/, VA. £1~0. And have then and there this Writ. "p_ Clerk of our said Cot t, at the Court House, the ..../.~-·-····· ndinth,j&:~~ ' ClMk �y Betty Morrison could not be found at her usual place of abode on the 15th.day of July 1944,so the within summons was executed on the said 15th.day of July 1944,by delivering a true cppy of the within summons,in writing,and giving information of its purpose,to Mre Hugh Morrison,Betty Morrisons Mother who was found at Betty Morrisons usual place of abode,and who is a member of Betty Morrisons £amily,a d above the age of Sixteen yea rs I 1/6 f I O.L.Sheetz Sheriff Shenandoah co. By i..-.,. ~ Dept.sheriff J/. ;144 n1r �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You a,e hmby commanded ~ to County, Greeting: -::iJ4............................ •··· •.••··.... ~ summon .... w:~~~········.·.·.·.· ..•.••······· • ... •.....•..•.•.•.••.•••••• • :: :~:ae::c~:::~e a~h:!. u::et::.t).e£~f~~~.:~.~~C ..1...~;;:t~.t~.·.~~.~~~.~:~.r•~·~·~·~~\~hdr ~: ..t.~~t.~~ ..~~~··t·~·e•··t~~~~ ..t~~t.~;~~in;f!~~~ who stands charged with and indicted for a felony m-i:s,fomeaum:.. And this you shall not omit under penalty of £100. And have then and there this ~ Wit s, J.ROBERT SWITZER, Clerk of our said Cou day oL ....... ........... 71:!........ , 19 ,i~d in the 16~a< , at the Court House, the .../ ............... . of the C monwealth . .l· .... ~... ~ ........... ,Clerk THE SERVICE PRESS �y �18 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 of Virginia, to summon _________ _ Betty Morrison to appear before the Trial Justice Court of said County, sitting at in said County, on 6th day of December Harr j son burg., Virgin , 19.43__, at the hour of j a 2: 00 P.M. of that day to give evidence in behalf of___.Q.,__o..,...m ..... m..... o.... n..... 1.... w--.e ... a.... ]._t...,.h.,._ ____________________ in the pending case of _ Commanwea1 th v.Robert Samuels, OwenMcDaniel, Owen Samuels, • Geelj Charles Moubray, and Raymond Gibson Given under my hand this 30th day of __ q~ . David Armentonnt, ---.1.Ii-~o-v ...... e-mb..,_,;..,.•~.---,.--___,____; 3 ~o~ ~ �Trial Justice Court _____ Docket No. __ _ Commonwealth V. { Witness Subpo~na Owen McDaniel, Robert Samuels, Owen Samuels, Cecil David Armentrout, Charles Moubray, and Raymond Gibson. To Dec. 5, 1943 at 2PM �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockiqgham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . :: :~~e:~c~::~ea~h:~u::et::.t;2£:f~~·t·~~.~.:.c. ~.~~·~·~·• ..~~.~~~.~~~.~t~.:.~~e1:~.r·~···y i~.-~.~~~~.~.~~ ~~~.: to t~~t·i····...........-..................... t.:.~ ....... ... ...~~~:::· who stands charged with and indicted for a felony mtsd-emea-n-ni--And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, . ROBERT SWITZER,Cle<kof ou, "~"• day of.. .................................... ~...., 19..1.(~nd the Coutt House, the...;..';k# in the 16f ..... year of the Comnwnwealth. _)5.:.~~~.,Clerk THE SERVICE PRESS at �~xgcU1'ED lLL.JZ~fii .THE CO,P TO___, l.N PERSON t~ ~\ ~r\ �Trial J. Justice Court D. R. Docket No. //7 / Commonwealth in re Owen Samuels Arrest J. Warrant - Trans to D. R. Nov. 18, Dec. 6, G-rand Jury. 1943 1943 )<f.)11, �� 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 Owen Samuels Subject The topic of the resource Felony Statutory Rape Description An account of the resource Defendant charged with felony statutory 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 1944 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_014_010 Samuels https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_014_commonwealth-v-paul-crawford.pdf 44b2d3e9b013a9c865961a0b980a0a4e PDF Text Text POLICE DEPARTMENT OFFICE OF THE CHIEF W. J. KEAN CHJl!F OF POLICE HARRISONBURG, VIRGINIA April 10, 1946 I, Paul F. Crawford, fYIEike the following voluntary statement to officer G. W. Joseph, of the Harrisonburg, Virginia Police Department knowing him to be the same. No threats or proMises have been made to me and I know that this statement can be used against me in a court of law. I was born in Rockingham county at Linville Va. July l, 1920. My father and mother are still living. My mother is a patient at the Western State Hospital in Staunton Va. I attended school at Linville-Edom and went as far as the fifth grade. In February I was inducted into the army in 1942, and served until November 8, 1945. During my stay in the army I se~vedin the India and Burma theaters. I first met Vegie Smith, the girl I am accused of raping, on April 4, 1946. Had seen her on the streets of Harrisonburg on various occasins before this time but had never met her personally. I On April 4, 1946, Roy Shiffelt and myself ctt.me to Harrisonburg fror, onr homes at Linville. In Harrisonburg we met Marvin DePoy and the three of us went to the Diner on North Main St.for a few minutes and then we started driving around in a car that belongs to Roy's mother. Vlhile riding around the three of us, Roy Shifflet, Marvin DePoy and myself decided to go to the Smith home on Washington Str Vlhen we arrived at the Smith home I knocked on the door, and one of the smaller Smith children came to the door. I then a.sked if Vergie was there, and the child said "yes, come on in." Vlhen we went in the house Vegie was out in the kitchen washing her hands, face and feet. I asked her if she was coming in the front room and she said she was just as soon she got thru washing herself. We all sat down Emd wa.ited for her to finish and come in where we were. After a few minil:tes she finished whEJ.tshe vms doir1g and came into the room. In the room we ma.de love to Vergie in the usu~l we..ythat men do--calling her 11honey 11 and such like terms. After a few mingtes Vegie went into the bed-room and lay down across the bed. Roy Shifflet followed her into the room and I believe he _. exual intercourse'with Vergie Smith, but I did not see him. Af'ter Roy cnme out, then•Maryin DePoy went into the room, and I did see him have sexuo.l interco.urse with Vergie Smiih, �,... . il �POLICE DEPARTMENT OFFICE OF THE CHIEF W. J. KEAN CHll!.F OF POLICE HARRISONBURG, After Marvin the room with her. spread apart as if moved and squirmed effects of having This a.11 April 4, 1946. had intercourse Swift's Produce ~ I VIRGINIA had finished it looked like it was my turn next and I went into When I went in the room Vegie was lying on the bed with her legs ready to do business. I had sexual intercourse with her. She around just like any other girl that seems to be enjoying the sexual intercourse. took place between 3:00 P. M. and 4:00 P. M. on the afternoon of We remained !tt the Smith home around a half an hour. After we with Vergie Smith, all three of us left the Smith home and went to Co. where we picked up Roy Shifflet's mother and then d>W ■■*x:br came on down street and the rest went to Linville. I did not see anyone use any force, and I know I did.not myself, to make Vergie Smith have sexual intercourse with us. She did j_t willingly and freely without any one of us having to make her do it. FroM hearsay I have understood that Vergie was a wayard girl, and no one had to use force to have sexual j_ntercourse ~ith hero �J • �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, S. J. Smith, all Vergie in the name of the Commonwealth Smith, at East Washington Ashby Smith, Street, Ervin Harrisonburg, to appear before the Trial Justice Court of said County, sitting in said County, on 29th day of.___ A ...p ........ r_.i._J.___ ___ of Virginia to summo,.__ _______ Smith and Stanley at Harrisonburg, Virginia , 19.....46_, at the hour of._ __....2._.:_,,0LIO.,__..,_p_, •.....,~ .... do.,___ ____ in the pending case of--1.C1-1,0,1-J.mHillll.d.l-l.iOL.1alll-'IV~•.re;,..aa-a1.l,-1,t,¾,h~--------------------------- Paul Crawford and Roy Shifflett Given under my hand this 26th Smith Virginia. of that day to giYe evidence in behalf of._,,C.,.o-.1m-m .... o,,,,.n"'",wAJ .... eGa...alrt .... ,hbl.---------------------- v. _ _ �~ ' I i !::l" •: b""· i ,. b- 0 I Q . I ~ U) ~ --... II I 1 .;. 0 Q.) ;:-... • ::.r l :::s Trial Justice Court .__ t.. ,-.) 2 .. ~ ~ {I) i • ' l : Docket No.7699 '7'700 .. Q.) Commonwealth :::,. ...... "'-< I Q.) 1 -0 :.) ' I s:::: ~ ! ' ' QO ' . ~ C. .. i I : . l. ( ·v. ( Witness Subpoena ( Ea:uJ Crawf'ord i' ~ § E and E Roy Shifflett ~ Cf) '; I I I I ! •: I I • • d -. § ~ To April 29, 1946 at 2I'M i ''i,..) ~ ~ :--<: ~) & ~ -.. ~ ~ ., �In the Name of the 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 Rockingh at 9:30 o'clock, a. m., on the.~ay County, at the Court House thereof, of............•........S.~···i················· to testify and the truth to say in behalf of the Commonwealth ....... 19~7, again t ......................................................... . •..·.·····································································•·?""~·t.;~ ·································· who stands charged with and indicted for a felony misdemeanor. And this you shall not omit under enalty of £100. And have then and ~ere this Writ. H. ,#,e,~//~ .1 ~~~,u.r0~.r,,,; .:sc..,,p./ /i:U!!.QL f ~ c..s Witness J. OBERT £WH--:l-:ER, Cle:Fkof our said Court, at the Court House, the .............. . . ~.-/?,/?'A/(U day of... ..._;,/.~.~~c if., and in the ........... , 19.. ~..year of the Commonwealth. 1 -<'". .............................. ~.~: THE SERVICE PRESS ..~.~··········~···~··• Glerk �"-\ ~ ~ r.•:1.~IGUGH'AM'BY DELIVERING A TRUE XECUTE~...Z~,4!!ZtN THE COUNTY OF \_ "\ ~-~~ -~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................. . ~~···~~~if~•~~ / to appear before the Judge of the Circuit Court of Rocki~am at 9:30 o'clock, a. m., on the.11.t0~ay of. c:/..~. to testify and the truth to say in behalf of the Commonwealth ···r~ ·-···············--······-----------·--·--·-··-- ............. County, at the Court House thereof, . ..... 19 "'!fLZ, agaiJ-st'...... / .... ·~12-;,·~•-:,·~~ ~.. ·•• ----~r.--~-------- who stands charged with and indicted for a felony misaemeanm:. And this you shall not omit under penalty of £100. And have then and there this Writ. ~-,ee,vc,e /-.I, Ho., 11'~,1€' C!,;;/<?#dNw~-4A.T.# Witness, J:-=e~BR~l"I;2£-R~l.m day ad~ , 19</f, ~ ,<;1 /7,:i/'Z,</e)"" of our said Court, at the.Court House, the ....21 and in t~~=;v~~~.~e,k r--;;,·· - THE SERVICE PRESS ,,,,,,,~~ --v J ~ ~- ,;) ... f- �rr J ) >.; J ~ :::; s· C: N- Cb g CJ. J0 'I\ ... ....) . .~,")'ti I 1 1 f ) I ;(_ J �Commonwealth of Virginia: To thhSherif$ V.M.F..... ~. of Rockingham Couo/,Y, ~r_,e5ting: You are hereby comm~nded to summon ... 7 ....~·--·~:J····· ~~·····~·······················································--········································--····--················· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ............................. 19 :flt., at 9:30 o'clock, a. m., on the ...o.f./.J.. .... day of. ..................... JJ~ to t"t,:y '.~ t~'. ~~'.£.::::::::::,;;J,:;,:-;::1:;:::::;t:::1 ~ who stands charged with a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court Home, the day of. .....~ .~) .....19.J/.t.., and in the ...../7/ ......year__:dthe ..... p, ....7.(JutTHE SEIi.ViCE PRESS, HARRISONBURG, VA. ./7~ ....... . Commonwealth . ~......., .... Clerk �, ,+ ::, (~ '." C: - C) 2 ~ ~JIL ::!! ::, ..., n ::, v IJQ 'fJad.&+L 1 0 '~ >< E: £--< I r.:. ... E• <:::.. ~ . ~c/~191/t .. I .., "... 7 ::r :::!. rz.. c., ,... 3 C ~ ~ ' <::::. '"\ CY ~ '"I C' i:i, :::, E-4 ;...J 0 ~ ~ ,. r ~-. 0 ~ ~ 1-1 (.J 0 ,._ -'-< P, 0 0 r ~ �Trial Justice Criminal Court Docket No.1l.fl Commonwealth vs. Craw:rord, \.W. Arraigned ..?aul t/ -/ tf ~ f i t/ - )_t - ,; 6 ,.f ;i. I) /lf/,1 I --- --=--== £:J, /? c/, Required Cra.nd__ ,JJ.u::.y:_ -BaJ.l $150.0-. 0.0 ~ ., ' 4- 2 - .I 11 ��Arrest 6 Warrant The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, ____ S_._J_.~S=ml.=· =·'-"t=h,,__ _______ _,___________ J. madecomplaintandinformationonoathbeforeme, of the said County, that _____ Clerk T. J. T. J. or J.P. Court _..p,._,,a,._,u"'"l,.,___,,,,C_,,,r_,,a,_,wf"-"'-o=r_,,,d,___ ____________________ _ April , 19-1.Q__, in the said County, li:i:Diunlawfully and feloniously upon one Vergie Smith, a female over the age of 16 years, to-wit, 21 years old, did make an assault, and her, the said Vergie Smith, by mea.ns af force and violence, did then and there carnally know and abuse, against the peace and dignity of the Commonwealth of Virginia on the 4th C. Swartz, of said County, has this day day of 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 ___________________ _____________ _ P=-=a=u.l Crawford __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this _ __._8.._.t'"'. b~--- ~--~t;r cierk'f.J- d~~-~AP-r~-A9. ~~.L----- Memo. of Commonwealth Stanley Smith J. P. Witnesses: Name Ashby Smith__ _____ Ervin Smith or Address _ East Washinton " It St.,_Harrisonburg,Va. �no 0 '"1 i:il (I) JUDGEMENT 0 <" (I) ::, Trial Justice Court C: ::, 0. (I) April 29, 1946 Criminal o;cket No. ~ • ::;. 0::, -< " ~., -·(I) ~::,(I)> ~;0.. ~~- "' ..,.,. g-;.~ ~ -B,.,. ::I "' '"1 • -.., ;re.. (\I '1 ·o-B 3 (t) (I) <: (I) '1 ~ ,.. "'1::, "'(I) ::;. ... en· { vs. a oc..g-· o er::, ;:;· " (I) ~ Paul °Crawford l"'t g ~: ll,) OQ ~ c' ~ ~ ... ,.,.: ..; ::J ~ ~: g 5· ;:,-~i_' Paul < ~: 0. ;:,- -· rt ('0 :-l - ::, (t:, : : V,: Q'Q $ /,.P.9. .... Issuing Justice's Fee ./1. ."Y.•1.. .... $...'Z.. .... P..... Trial Justice Fee , Arrest $ ..:,:::.-::-.~.-. ..... and Mileage Summoning Witness Attendance day of $. Clerk's Fee . s-·· $._//4, ..k ......... Witness ~~ ' :!!?:-~r. $........................ - -~---·'· '-- ~' Trial Justice ..L : -o n -· ::;.~ 3. (ti 0 ., o...f! "'-· ::, rt 3 0,;l 0 "--~ -· ::, ::r ~n n· 3 3 .;· 5· g ;r "' 5· ~::, ...... ~ ...... (ti 0. -·'O Total mileage : g; 0. "' C: ... 0 ('O ::;· ('0 ~ :::, ;r., : rt . r~i ½ ~ ~ M .,::r <: (I) .., ... ::;. .;· (I) ;r ~ -< rt ...~ (I) ~ 0 C: ;:: C: 'O 0 n0 ;:,c.. OQ 0 (I) 0 C: c.. ::, ::;. (I) ~ ::, (I) ~ <'" (I) ::, 5· 5· "' .., ::r 0. "~ ;; (I) 0. ;, ., " "' 0 ., "' "' u. 0 ::;. C: ::, ~ rt rt rt ::;. (I) ::, ..,., ~ ;r o' .., 0 ~ 0 n 0. n ::, " ;:;· -< 0 ., ::, ., ., 0. n C: ~ ::re:-~"3 {/)::,: ~-<: .., .., (I) OQ if n 3 \ •••••••••••••••••• -~ " ..,., 0 M Miles carried prisoner .;· 0 'O 'O ~-g 3 ! "5 ~ ~ > ;r ::, ,., ... ;,; n ::r....... 0 -<~(tl:-0 0 Miles travelled by officer ::r: ~ rt ......... ~.oa i Q. • Officer's Mileage :,<:; z0 0. g_-g~ • E 0.. :~1£ Jail Fees 3 . ~- ".., :;o 0 0 ~- r;,' tp ::, 'T1 ., C, C:-< 0 19__.t'G and Mileage $./ ... Common wealth's Attorney ('O:::, 0 .., 7~ this 0 (lQ 00 o, ~: :,:,· $....... --< 3 (I) ~ ..-i. Fine "' C: 3 ., ::r ... ... ~§ g g..-<ger n r' :!,'::ro o "... 00 ::,2..;. ......o' ftn;J""'O." ... ,..; • ., ~ ~ :r.: ::;. 0.::, Crawford if? ~ (I) ;:,<: ;;· rt before (I) c.. 00: ~~ l"'t ~.., ::;. X (I) c.. (I);r ..,.,n" ~ I 0 0 .,3 0 0. C: 0.., z;; er (I) -< ., Executed the within warrant by arresting and delivering the body of (I) ;:,- ;i5 0 .,..,l"'t -· ., 0 rt (ti ~-113.~g;::, ::, ::,CJQ -· ::, ..,., 0 ? ,; '""'"'o ('O ' g: rt 0 0 ;:i ~ 3 5'..:.I;, 'T1 < 5· g ::;--8 :. ::re (I) 'O i:il,.,. §. :;i-< 0 5· ::;. 5· ... ~ ::, ;r :-.. ' tr1 __;;· 0. ::, rt;r., '1 p_.(tl::,,.,. ::;. .?-3 3'il 3 @~ " ;;::r O -· ro::, Arrest Warrant > OQ ~- "::!. ::, ~ ;;;· $:ll Commonwealth .., -< < ;:;· ~ (ti ~ .., en ..,., $ ... 0 0 ::r 0 ;;· 3 ::r 3 -< ::, ::, ;r;; ., c.. ::r ;:...~ ., -n,; ro ::, "'1 .?---g c.. 7699 Upon the hearing of the within charge, probable cause is ·found and the defendant is heJd for the Grand Jury ::, 8 p.::, Q.. ~ ;.5· g C: IS" (I) rt -< ., ::, ..,., 0 :;o 0 n I 5· " OQ ::r ., ..3 w ~ (I) ..,., 0 �COMMONWEALTH VS. {i}a,,u,l_, DESCRIPTION u ~J ~. ,-Last known address ___J_~ ___l __/f-1.. Color~--- Heighuf_~//)__'~-- Marks _____ Age_--~ L~--cf--~ ~ OF PRISONER ya__ , __ __ _ _ _____________ ----------------------------------- Eyes~---- ir_//_~--- Weight_/!f_d_ _____ __ /2..a,.___~------------------------------------------- __Ct,__________ Occupation _____----L~- ____..__________________________________ _ Date of Trial ___~/ -,__1//~ ------------------------------------------------------------------------- Result ____s:_r-- ___ f?_~::-.. ____________________________________________________ _ ��Report of Witnesses for the Commonwealth Month Whose mileage and attendance of __ A=pc=...r-=i=l'-----'2_.c.9_., ___ I 9_i§_ were not collected by the Trial Justice before the end of said month. Russell By Fe!. Pro. or Misd. WITNESSES Days M. W~avFITl ~R ):[ ,ll~ AVendance , Miles . ' Clerk. ~ileage Trial Justice Total . Date ~946 Com. vs. Paul Crawford s. 1. and Roy Shifflett Smith J. 2. Vergie Smith Fel. 4-29 1 .50 . 50 l .50 .50 3. Ashby Smith 1 .50 .50 4. Ervin 1 .50 .50 1 .50 .50 Smith Stanley 5. Smith - 6. ,. _____ $2,50 Com. vs. 1. 2. -- 3. . 4. 5. 6. All witnesses summoned all necessary ferriage grand jury. (Sec. 3512) for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning fifty cents, to place of trial or before �",\ �1 y; .JI 7.J PrisonersReportof Rockingham CountyJail Date Bailed Out_ _______________________________ Again Placed in Jail ______________________________ _ Male_«_ ____Female ________Agel_..6-:;,__ace_W __Single ___~_Married _________Divorced ________ ~ Separated ________Widow ________Widower ________Illiterate _______Gr. School£ Vocational ....... College..... . .Dmg Addict ........ Employed ________Reason for Being in l~ebdate ....... ~ o~.J.~ JaiL_@_~✓-a____----...- ___________ Reason for Release from Jail ____________________________ Amount of Fine ............ ____ High Sch. ________ Cost. ..... ...... r________________________________ _ +~·~ff;.. Sentente Time ........ ... State __~ ____________County ___________________City ___________________Town ___________________ Federal __________________Army __________________ Navy __________________Others ___________________ Offense ... .,2.~········· ........••••.•.• ~ •••••..• ...... Fe!.. ... ~ Miscellaneous _____________________________ ABC_______________________ Ins. ________________________ •. «..P ....__ 'f-'<----Da_te / Date Committed~/---../---- . "- , 1 of Tnal A.--&~- _ ut- ___lj_ _____ Date of Release ________________ c;ourt Committed From _________________________________________ Type of Court_ ___________________ Transferred From ________________________________ Transferred To _________________________________ _ Reason for Transfer _________________________________ .. _____________________________ . _______. ______ ~ ________________________Contagious Physical Condition ___ Disease, If Any_~--- Fine After Prisoner at Jail; Amount to State$ ___________ Amount to City$ ____________ Date Reported _____________..:_________________________Deputy and Jailor - - - - - - - - -- - - - - •- - - - - - - - - - - - - - - - - _________. ________Sheriff �) ) �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA. It appearing of jurors cannot to the Court to constitute a panel be had from those in the trial Paul Crawford, on an indictment this 24th day of February, vided selected for by Sections be summoned forthwith Thos. of twenty of the case free number from exception 1947, it at this of Commonwealth vs. for a felony, set is ordered for trial that from the naraes on the list the follow- of jurors pro- 5988 and 5989 of the Code of Virginia, to complete L. Yancey, Wm. C. Grandle, the panel ~!i ---L:'~Z~------~--~~-~---' aforesaid, F. H. Blakemore, Marsh. Enter:hrn, a sufficient summoned and in attendance term of Court, ing persons that '/ Judge. viz., and J. 0. �FEB ~72e-.- 1947 �INSTRUCTION The Court sexual fore intercourse the charge all instructs jury reasonable considering under strength, that the evidence and endurance of the case, reasonable by every doubt that as it it is the having her will the will the time, the accused intercourse must appear the prosecutrix Beon a beyond was ac- of the prosecutrix the place, her, and the accu- and all the cir- from the evidence resisted and, the relative of the prosecutrix confronted of by force. from the evidence of sexual means at her command until d.or strength. rape in convicting the act and against the whole situation cumstances all be warranted doubt by force sed, that they must be satisfied complished physical jury with a woman against will of rape, the I beyond her assailant she was overcome by his super- �.. .. �INSTRUCTION The Court instructs the the Commonwealth to prove doubt of an offense against the accused, the guilty thereof jury that that material the guilt possibility reasonable it resting beyond all element thereof, is necessary of the accused of mistake upon the evidence beyond all the burden guilty does not mean that or beyond all satisfy jury the accused and every Commonwealth to establish certainty 3 --- upon reasonable charged for the to a mathematical or to do more than as a whole the accused doubt. is �' -,.1~-...,., \_"~.· ,, : ' �r INSTRUCTION The Court fendant, Paul Crawford, ting witness, then in determining force and without her age, instructs Vergie size, connection whether with all or not said intercourse jury had sexual Smith, at her consent, that as to whether the the the other prosecuting and in whether they intercourse jury and her condition and facts if jury evidence believe with the time charged the question weight of which testimony the or not it into and physical authorized in the the prosecu- in the indictment, may take are the de- case witness consented or not force was used was by consideration appearance, all to consider in determining to such sexual therein. ��INSTRUCTIONN0.--1.._ The court instructx the jury that the acci1sed to be innocent a reasonable doubt, jury any reasonable law makes it or probability to convict, and if there he is proven guilty duty to acquit of his guilty, of the evidence but to warrant his there of the accused, him, and that however strong, sufficient beyond is upon the minds of the doubt of the guilt nor is it preponderance dictment, their until the law presumes mere suspicion is not sufficient if the greater supports conviction weight the charge his the guilt proved so clearly that is no reasonable with the evidence upon which he can be innocent. or in the inmust be theory consistent ��INSWRUCTION NO. The Court not whether is true, accused fore, the instructs the entire statement or otherwise, raped ~irgie upon their disbelieve or all of his guilt of such charge. on the the issue made by the Smith by force consideration any part that but the sole if upon the whole evidence doubt jury -- J ----- issue is whether of the case, her will. it entertain is their is stand or not the Therethe of the accused, they of rape, case on the even should of the evidence charge accused and against in the case in the jury still, a reasonable duty to acquit him ��i INSTRUCTION JO. The.eCourt instructs not the act 1-carnal believe from the accomplished it the evidence after or absence whether prosecutrix the place, if they was accomplished doubt is deGisive crime of rape. in the doubt from the that and they the presence of the clothing was made an outcry, and endurance as it the of carnal confronted the the will must find the accused dis- jury intercourse, intercourse and against of the circumstances so considered such carnal the upon her person, or other and all such act of prosecutrix on the person strength and if or time and all the whole situation case, was as shown by assault, marks of vfuolence evidence by force the of the alleged and the defendant a reasonable believe act, time the prosecutrix and the defendant, by the evidence entertain and deportment the reletive if they took place, consideration, of marks of violence or not at the case, or the prosecutrix, or not her underclothing both the prosecutrix closed conduct or other or absence time, intercourse into whether in this the willof to take the in determining the time of the alleged of bnuises, whether and the carnal of her complaint the presence torn, sue duty that as involved and against is their circumstances defendant, evidence in the case, immediately jury intercourse by force otherwise, the took place, of the prosecutrix, not guilty of the such �• �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA COIYIMONWEAL TH v. PAUL CRAWFORD ) ) ) ) ) If you find charged CHARGE TO JURY the accused, in the indictment, at death, or by confinement any term not less If you find than five Paul you will Crawford, guilty say so and fix in the penitentiary for of rape, his punishment life, you will say so and no more. a/~ Yf--<..-Vo'/Sa__ LAWRENCE H. HOOVER ATTORNEY ATLAW HARRISONBURG. VIRGINIA or for years. him not guilty, as �----. �COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for jurors of the Common~ealth of Virginia, the body of the County of Rockingham, Circuit oaths Court of said do present April, 1946, Smith, a female that in said of twenty-one over the said and year aforesaid, orce, its Paul Crawford, County, with unlawfully Vergie and now attending October term, on or about force and arms, years, and feloniously Smith, thenand there, and carnally the peace 1946, upon their upon one Vergie to-wit, of the age did make an assault; to-wit, know, against and dignity the the 4th day of and in the County aforesaid, did ravish against at the age of sixteen years, and her, feloniously County, in and on the day unlawfully and her will and by of the Commonwealth of Vir- inia. This indictment shby Smith and Stanley efore LAWRENCEH. HOOVER ATTORNEY AT LAW HARRISONBURG, VIRGINIA the grand jury is found upon the Smith, to give witnesses evidence. testimony of Vergie Smith, sworn in Court and sent �} Rape Indictment COMMONWEALTH v. Bill.: Term, -1946. PAUL CRAWFORD Felony: October A True ~- 2}1 Witnesses: v •·- Foreman Attorney H. Hoover 1. Vergie Smith Ashby Smith Stanley Smith ✓ 3. ✓ 2. Lawrence Commonwealth's T ~ t\ t ~lf ii ~ .... r ~ �-194i' #2002 Felony .PAUL CRAWFORD '1 ( rape) �-.-.1 ~~ ~$?-t -h-?JY~ ~-f)~ ~;T-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 Paul Crawford Subject The topic of the resource Felony Statutory Rape Description An account of the resource Defendant charged with felony statutory 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 1946 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_014_014 Crawford https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_017_commonwealth-v-r-b-ridgeway-and-w-h-taylor.pdf b995be2942edb8808f2337e7e978d100 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 R.B. Ridgeway and W. H. Taylor Subject The topic of the resource Felony Embezzlement Description An account of the resource Defendants charged with embezzlement 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 1939 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_017 Ridgeway Taylor https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_002_commonwealth-v-ralph-b-ritchie.pdf fe093db3f972bea2e94bc05d4cfe2b98 PDF Text Text My name is Ralph Bo Ritchie Mechani:sburg, Pa. I am 33 years I have been told I desire to do so; that and that anything criminal prosecution. counsel. this Nevertheless, that I need not make this everything I have also Attorney is Route #3, statement unless I say must be of my own freewill, be used against been told that I do make the following 1962, in the office Court House, Harrisonburg, Commonwealth's My address of age. I say can be and will 15th day of June, Attorney, • me in a I am entitled statement to voluntarily of the Commonwealth's Virginia, in the presence James R. Sipe and Deputy Sheriff of T. L. Martin. I came down to Rockingham County for a vacation on Memorial Day. I was staying with my sister, Evelyn Dove, who lives just outside of Singers Glen, Rockingham County, Virginia. I had been picked up on a drunk in public charge and got out of jail on Tuesday morning, June 12, 1962. After I got out of jail I started drinking again in Harrisonburg. I was drinking a lot of wine and I remember drinking at Susie's Restaurant. I know that I drank enough to get drunk, and I can't recall breaking in~o any store. The next thing I remember is when I got up Wednesday morning. I had gotten home to my sister's, Evelyn Dove, but I don't recall how I got home. After I got up I went downstairs and I started to build a fire in the stove. I noticed a number of packs of cigarettes in the stove and I set fire to them and burned them up. The reason that I burned the cigarettes up is because I did not remember where I had gotten them or where I had stolen them. Any of the other property that was stolen from Lambert's Store, I do not recall what I did with those things. are true I have read the above sta:ement and the facts and correct to the best of my knowledge. 11af4ll /Z7Yl WITNESS: ~ ~#~# -£L~tfc. stated therein ��Comp. Form 18-A No. ______ To-Wit: _ ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, _____ ....,.;.. ~:taR-.;.;~-....,rIQ918R~11i&-------u0 ·~(~) ounty These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of° h£•~ 0: ounty, 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 ------------------ color ____ Address ---------------- □ color ---- Address ----------------□ ----------------as witnesses. Given under my hand and seal, this l th ---------------- □ ------------□ �• - STATE OP VIRGINIA-COUNTY ---- .,.., .,._.., __ ~ _,._. ., __ ._. - r-. ,, _____ ., __ ..,, ___ ._ ___ ...,.,....,_..,.,., ___ ., ___ _ to•wit: OP ------------------, a Judae of thof e County Court in and for the County aforesaid, State of Virgin1'a,do cert•a'fy Justice the Peace I, that and -------------------------, as his suret -------, 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 be rendered, yet upon this condition: That the said --------------------, Circuit County shall appear before the Court _ 19__ , County, on the ______ _ day of _____________ of ----------------------at ______ M., at . :Virginia, and at. any ,time or ti_mes t? which the pr~eedings may be continued or further heard, and before any court thereafter having or holding any proceedings m connectton with the charge 1n 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 _______ day of _______________ _, days 19_, Judse-J. P . ., ~ ('\ 8 [ ~Cl 8 8.f .., p 5· Er g- ~~- -----!" jn' Er n n < [ i ct. 0 p "1 .... e0 :I! i" ... Ir r:,.. ..&" ..,, 5· l'D ~ g, ~ g, ~Cl i Cl> i:: 0 ~0 :I! 5' l)Q ::, l > s... p ~ p ~ B ~ s· a "' it ~ ._ ., 0 =-: ..,, Rl'D !l s ~ =-: i ~ i ., tJ:I =-: [ ~ ... rt a. 5 r:,.. n ... ;i g l r:,.. i.l..., s 0 j. .... Ji' .. ~ .. [ > >-i f. j < 8 i:;· ~- 1... J· ~ R'" [ 0 .... ff ~ z p I~ l'D .. I 0 <'I e- l'D ;I l'D (") 0 r~!' §: ~~ ~ Cl> 0 :I! 0 p ~ g. :;· l'D :I! ;· fl (") 0 ~ i:: :I! a. ... ... :::i ... f r ~ i:: p g l'D l'D ro ('\ 0 p l)Q ;::;· l'D r:,.. �My is lph B. it bi 33 year • I of • My o; t th t anyt 1 g C..,. co hi A in 1 pr 15th d yo orn y, Court ryth this s T , 1962, in t s , H rriso :le burg, V r ti to C pre in th cc of .... • y or a vacat • :.art r in a. r i inkin l t- I d 1 on d ing, 1 r I know t io g d h t I nmt~'T.11>r ' h th c 1 t ~H•i.a.lE,g • f Aft t of th do no rec o • o t a and u e th m. t I ct t want <;.J ir • Mr-ifll'!ft?i Dov 3 ~ho 1 bu ru 1 s t volunt rily Do .r 1 a ain t oft i, t 0 d D puty Sh rif c ot r s e of told th t I s R. Sip 2, 19 i's t follo ing state s, I do m wa f Sin a dr y also ~ 1th' C I b and w 1 b y cut v rth 1. V 3, 1 • In I dre t d r �II l I I l .. •• �IN THE COURTOF OYERAND TERMINERAND GENERALJAIL DELIVERY AND IN THE COURTOF QUARTERSESSIONS-OF THE PEACE IN AND FOR THE COUNTYOF CUMBERLAND,PENNSYLVANIA IN RE~ EXTRADITIONOF AND NON9 to wit~ appearing to the Court is now a fugitive has expressed without State ~ from the State a warrant , A.D., 1 of appearing that and willingness of extradition to return to the State being issued that, in accordance of by the Governor of the of Pennsylvania; AND it further of the Uniform -, has been a writ appearing Extradition informed Act, of his of habeas such rights corpus up the to his with the return and statutory legal rights counsel, to the State of * the Commonwealth of Pennsylvania, of the duly accredited in order that agents he may return and a copy of the Order of the State of to the State of is to be delivered to the said BY THE COURT, 'R ECO In -e,.c. t♦ d ''/frl,1 f~ o ,y W'le ere unto 0• sa sJ ..... ot1:t. ~P't -n~ , 1d a}.Ca..-, s·•-, -;· 2-- ···:::~:J/J9 .... ""y~--f ,~~-~i~~ ..·c;l··N; ;:~ • Y FRO f."Of, I to obtain and has waived C to provisions said and to procure and consents custody the constitutional IT IS ORDEREDthat , it of the Commonwealth of Pennsylvania; further desire J day of that and now in the custody AND it this agents. deliver ��I now being .I) a fugitive of the State and being purpose in the of being and after obtain entry agents being legal me by the Signed informed of the State jurisdictionj of the Commonwealth extradited of an order and sealed to the State as directing waive my delivery of Pennsylvania, said and statutory rights forthwith of for the State before COPIES TOg Governor of Pennsylvania Agent= Demanding State Pennsylvania State Police Loca 1 Police District Attorneyvs Office charge for the rights to of of my constitutional do hereby to answer demanding arrest of custody counsel, under or charges that and consent to the to the accredited return duly to that may be entered of me this day of J 19 , A.D. against �1 ��,7/c?,,(f /,./j.MIJ;f.1.7/? ., ,.., d;;, ,t, ,( f J H ,I"~ �J I �... ..., j., fl # JJfA T"5 7'v<,-4, /i IJ 5 7 tJf;; t If~,,,_ �1,J1,;~i- ' l ' J -· -, ,.) L, /'I, ·~-~ ,. - ~, T ~ T ~ "")lf ..,)J ~. -,1 V ' _ .. T ..-, .,1._.t.J ........, • r,. l {; ....• T r J. UJ..,,' G,. :..I -, . f '\ ~' ,, l 1 .. ,, ) V J,..., ~ ....... J ,..., _:- l : T" I' ~ ,, 0 ' JJ ~ l' ') ..) C....J•) .J \...t ;,,JV -' ,. ) r !L -, I I~~ ' "l , ..., ' ....... >r u~ I l ' ''" J lI I • .I • C' I , J• T _ I\ ,.__Jj ~ p- _,_),. J\ ...., I"'\" ) T ~..., I• .... ,......, J ) T _, .. C. ( ,._J_ 1 f) J., l,tJ', ��p- A. 1J744-' l\=L. P~,_, l ALPll . ITC~{!.... f'{_ I·-. . .:...>'tP :;pp .. [ l . 1 ,I :_:, ·~:,I1•1 .J -D ,_., . T [ L; T. ,_J ,. , rI..,~ ,JI...,J 1-.Lr. ..., "' L I IF f\ l ,. A I ) .J : ,.) TJ J ••• , 'I .'\:. T ! ·r , ✓ ~ C'APi:' .'ILLI/\ IL:.. '"' J, ,.__, 3ti.~~.. I .,,,1r-1J, 41/ 1-17 P ' ~t.J. ��June 1. , 1962 Corm,e.y Secretary of the Commonwealth Office of the Secretary of the Commonwe1th Richmond 12v virginio Miss Martha Bell Dear Miss Conway: Ralph Rit~hie is charged with statutory Rockingham County and is now in th custody burgla~y in of and being h ld by th police 1n Carlisle~ Pennsylvani. They h ~e informed me that the accuse has signed a waiver of extradition and that the local Sheriff's Offica may pick him upo I would li.. e a travel order :for Deputy Sherif-~ Go.;o:cgeR. Price and guard o~ Rockingham County ::i •::~gini'. , in orde~~ th' t w~ may pick the accused tlp in Carlisle, rcn~sy~vania, and =-etum him for tr:i.al here in Rockingham County. Thank you for your cooperation in this matter. Very t:ruly yours, James R. Sipe;; 11 Commonuq,:!alth s Attorney JRS/sfd ��s-t:a.temeni:enclosed RITCHIE, R:u,PH B . �� 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 Ralph B Ritchie Subject The topic of the resource Statutory Burglary Description An account of the resource Defendant charged with statutory burglary 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_002 Ritchie https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_002_commonwealth-v-raymond-lee-eppard.pdf 2a92f863dd1039805d32e7373a7d8282 PDF Text Text S'fA': 1~ OF i IRG INI I\' to-wit: COU ,TTY OF ROC:GlTGHAi.:, IH Tir~ CIRCUIT COURT OF SAID The :'or the the Circuit bocly of upon the lr about the tain ,r!"lnd ju:"'ors Court oaths C?'7 the o~ 1tOc1 :inrham County, there beinP: i"'tent take Silas anc carry did. unlanfully er the ~rand J. August 01' C. jury Term, ::.n said Town of .._,lkton, house t•1ere·.,i th, situated r:oods and 1950, on or Count~, occupied a cer- in part store did or and c,::attels in there the outhouse in b1"'eak and buildinr: in o:' the said unlav1fully e.djoininr t>.e County enter not c.tforesaid, tho said storehouse night- .i.:,J.kton ~,, then and and feloniously to awa:r aGa~_ns t the peace steal, and take, This and array, Tal~aferro Troo 1950, a dwellinr the then 2.nd di (":'n:lty its RAY:!OITDL ;3 EPPARD, __ i.ber, .,.,,,y or others, being, in and nov1 attendinr; 0 and f elon:i.ously Gq at 1at ~ rl c/~ ne,,.-.r~/~a ·1 Cl0a·oip~ of Virginia, >ttiry '7'1 / C/4. an c--4j /,. (!. , , 1:J:;. y+Ch,.x.1.irr Go.:")a.n:7, said occupied unl ':'.\"/fully ti::.-:i.eriith in State L( and there or s2.id o-:: SeDt buildin-::; ~Jlkton thereto of day k then County of the do present 14th store by the the COUNTY: the steal curry C01 JY1onwec.l th. indictment :ash, and is found a ,:i tncss to hive evidence. s:10rn l·pon the ::..n Court tcst::mony and sent of before /7 �CQT,fi,Tmn!EAL'l'H v. 'l1erm, C3 'r~ lNDICTLIElfT Hash 1950 RAYl\IONDL a;E EPPLRD August bill: FELOHY A true J.C. VJITN.;}:SSES: Trpr. George D. Conrad Commonwealth's Attorney ~·; �CT 1950 Docket No·----~-~-~AA ~ 2 COMMONWEALTH b 7 of VIRGINIA ) ) Felony ) vs. RAYMOND LEE EPPARD (hb) I '7 10 I/ / '-V _H_a_rr--"y_B_l_a_t_t ___ Own ( ) d. ~----P· Appointed ( x) +950 Sept. 29. 10/rvj.J'V Return of Grand Jury ~ o/- ~ ,....v, -:y. 8/168. - M, _ ~ rz;- ~ e ~-~ -~~ ~ /2:---~~~ - -17- -- - -- • 7 ---~ /7¥ CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��---·-Comp. Form -- --""-- -·----.., --··· -- 18-A ST ATE OF VIRGINIA No ______ To-Wit: _ R ocld ngb am COUNTY OF TO ANY SHERIFF J. Whereas, OR POLICE OFFICER: c. Hash, State rrraape..,... has this day made complaint and infonnation on oath before me, __ ...,J'---".,___C ........ ~S~1~rr ..... au.r-t ......... z..,.,~C~J ......... e.... r.... k___.._o .... :f~--<Namc) ___ tu.h~e'-T,.._rJ.......!.i.JCaLJ.,__..t..itic..i..J.._.JS.,_t.u...:.i...,_c .... ec...._.,_..Cc..1.0.LJJ_,_1r.c;..J..t.__ __ of the said County, thatL.. __ ....JRu..Lala-..l:ym'-'-'-"o.........,n..,_d..__Tu1 ..... e..... e~---- (Titlc) did on the break 7 4th ancl enter rrown of with the in Elkton, ta Silas take the occ1rni intent proper..t+-o..f.. unl avl.fJJ.lly ~S=e_,.,p~t~e=:m=-b=-=e~r ____ _,, 19--5.Q_: Unlawfully day of__ njght-tirce ed in camri1t steaJ part b::r the Ja..,.-.ce:ny, 'i1a]iaferro 1 a certain and and ca:rry v, and stare v.1 ktan hro away ar;a inst ani mis] y: in tbe CJ ermi :ng Company, of found the fel buiJdin~ Dry psi.rs :S. Bsteman and socks, the-r,ein pe8 ~e and the did dignity of 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 arc also directed to summon ---·-------------- color ____ Address ---------------□ ------------------ color ____ Address ----------------- color ____ Address ---------------□ ----------------- color ____ Address ---------------□ ----------------- color ____ Address ---------------□ ---------------□ as witnesses. , 19-~ __ Given under my hand and seal, this ( Seal) u~fficcr) �-· STATE OF VIRGINIA-COUNTY I, _____________________ OF-------------·----~ a , ___ __ _.,__ ......... ,.._ ___ _, to-wit: Trial Justice Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that -------------------------------~-------------------------and ------------------------~ to the Commonwealth .,,.________ be rendered, as his sureL-----, of Virginia yet upon this condition: _ themselves indebted in the sum of Dollars ), to be made and levied of their respective of _______ have this day each acknowledged goods and chattels, lands, and tenements That the said-----------------~ ------------ County, to the use of the Commonwealth shall appear before the . Circui_t Tnal Justice day of ____________ on the to Court -, 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 rlepart thence without the leave of said court, the said obligation to remain in full force and effect until the charR"e is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ti1c said -------------------from the date hereof. shall ke,•p the peace and be of good behavior Given under my hand, this _______ ~ day of _______________ 19__ for a period of ________ days _ T. J., J.P. ,J ~ ~ . 0 >-l ~E • ~ "" ' ~ c+ ~} s1 CD El ~' \ i ~ (") 0 'Tl 5· (1) >-l 0 E. >-l 0 E. n 0 .... "' "' 3 3 0 ::, 0 ::, :!: (1) JQ ~ ;. ~ 0 ... ::, ~ ; C: (1) 5· ~ ; "' "' "' U> "' "' > ;; ::, 0.. I" ::, n (1) (1) ;. - " 2. 0. ::i Ill ,... ::S en -· c+ i:: g CD 'i O H., H,"' ti ~ ..rA· 0 > () ~ ~ > z 0 1-"'.l ~ 9 E:: >-l 0 8.. :ii:: tt.l () 'Tl 0 > ~ z z :;.:, l7:1 ~ > t"' tTl (fl >-l >-l ::.: I-'• (D 0 enC....CDO"~ i:;: Ill gq !\.)~ f\.) ~ o'.!' 'C J,...J .... ::l•'"d(D 0. 0. Ill ~ 0 H., '-< ~ 'Tl (1) (1) "' n ... ;,;- ~ " " " I" l1Q > ... ... " ~ to ~ ~ E ~ ... 0.. I" i (J) I-'• (D en ; ::, 0.. I" ... .... -0 (1) ::, ::, " ~ '< I to 0 Ill ::n () ::, p.. Ill c:,. ,. ~ 'i C: ... "' ... I ::, 0.. I" < ::;· < ::;· .... 0 '13. ::, l1Q I" -0 -0 0.. - '< fa. I" 0 5· F (1) ... I" ~ r::r (D 0 ... 8.. I (D ;. ffl (1) ' (1) '< ::,- ::,- :,- ::i -· 'i::Sc+SIll 0. -· c+::i '"d::, ::,- 0. t"! 'i n:,- ~ (fl .... c+ .... s- X) 3 3 < ?' "0.. ::, f-+, ~ ~ ~ ~ >< f-'• C'l I-'· 11> (D ~ ~ ~ti • tTl "ns. < O.CD" <DlllCl>'i<> \ ~, ffl~ • N N ~ ... ffl ~ CD 1~ f...J::lOH.,CD~ 'O c+ (D \Jl. ~ f-'• ::s f-'• o::soo.en~ ~ 1) ...._,::,- 0"00 f-'· 'i () ~ b ~ CD ::S f...JO. 0.. c+ •o :C b ~ ::,'Ill Cf.I CD J (") w 1-"'.l ::r 11> G- >-l .... () 0 j (/) 1-"'.l 0 :!: C: l1Q g ~::;.- 0 ::, (/) [ '--4::;· En ;;· 11> ::, ~- ; 11> ffl ffl ffl ~ () ~ (] C> "' ~ ........ ~ 1 n 0 ~ '- 1} () 0 0 " ~ - ".... n 0" l 0 n 0 " C: ;:i -"' "' "' "' ... (D l1Q C: ::, g 0.. ::, .;· (1) �This day came the attorney for the commonwealth, Raymond Lee Eppard, came in custody and by his attorney heretofore Whereupon, the attorney allow for appointed, Dry Cleaning Cleaners, granted 11 of the value and the summoned by the were examined ception; was handed maining twelve, a list W. G. Fries, T. H. Lowery, Hubert behalf ruled, accordingly. B. Boyers, Harley try and true on behalf heard and having received ment of counsel, verdict, and after the following Z. Mauck, foreman. accused be released i, 11 from expersons Rhodes, of the court the evidence Harry the the reW. Harman, Keplinger, jury, and were make between verdict Having heard said the render the evidence on by counsel, demurred the court which demurrer/ixx over- accused, on behalf to their came again jury, find by counsel, of the accused, of the court were sent We, the 11 Jno. Wayne Lohr, of the commonwealth, jurors persons, who , the aecused, some time they verdict: persons twenty L. S. Geil, at the bar and a true the instructions the twenty and free deliverance of the commonwealth, then facias, to constitute to the law and the evidence. And having was And from persons the names of said as aforesaid to which action the 11 which motion Z. Ivlaucl~, R. C. Bumgardner, and truly to such evidence respectively of venire and portion 11 the names of four F. Garber, commonwealth and the prisoner according Laundry for the commonwealth and the accused, namely: selected to well word than $50.00~, containing therefrom William Elkton in the latter the a writ struck Robert I to the name of and found duly qualified to the attorney Lewis A. Crider, swforn under by the court each alternately n· to corrected sheriff whereupon, after of less indictment county Harry Blatt. by changing and by inserting of the body of the indictment :i,,mxlix phrase of this namely, herein Company" therein Incorporated," sheriff the commonwealth moved the court him to amend the indictment "Elkton of the and the accused, and heard excepted. ::lrnE:xtruc the argu- room to consider into cou~t the accused their and returned not guilty. Whereupon, it is considered by the court that of his imprisonment/on this char_ije. , L- ~ I ~4".,,e {.AN~ 7°_,,, Wm. the 1 , , ,-._ ,,f ~ �t �COMMONWEALTH v. RAY!'.-10:ND LEE EPPARD If you find will the indictment, him guilty then you will in the penitentiary ten years, period or, hundred a period in your not exceeding indictment, value of less not guilty, you and fix his than fine of not less or by both ten such (10) than at confinement one nor more than in jail and a fine not of housebreaking him guilty of larceny as charged by confinement days nor more than than fine less in the punishment by confinement (12) months him guilty ~50.00 punisl1ment less his as charged for a exceeding ($500.00). but find than of not discretion, twelve dollars of housebreaking, say so and fix for If you do not find the Raymond Lee Eppard, say so and no more. If you find five accused, five therein, in jail twelve nor more than and imprisorunent. as charged of property then for of the you will say so a period (12} months, One Hundred in of not or by a Dollars ($100.00), ���~ I j I �1 I D--U. ~ &I ~ -, I~ ..., ,.. <> 1 u. ~ "i i1 ,, z. 1 ft) )> ~ f f'l ,, ✓ - "'J 'C" < \.._,I �,, '' �)ummons required under Sec. 120, Chap. 342 Acts of 1932 DEPA~TMENT OF STATE A 123299 ~ POLICE 19__ M ppear before: .,,,......,,_~"----~---~---~--on-+-~~~-~~ to answer for Violating the Motor Vehicle Lawsof Virginia, ta wit: Improper D ,B~! A. Defendant Oper. or Chauf. Lie. No. Sec. 120 Chap. 342, Acts 1932. Failure to comply with this summons constitutes a separate offense. Reckless -~-o'clock M __ Chauffeur License D D {Address) ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon .........J\~a ......Le.o ....T.ur.ne.r .............................................................. . 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 ..20.th.day oL .......................... Qc.t.aher ................................................ 19..50.. , to testify and the truth to say in behalf of the Commonwealth against .......................................................... . ................... ..................................... RAYM.OND...LEE ...EPPARD ..................................................................................... . who stands charged with and indicted for a felony «M~~M~<el": And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,~...&OWi&.'1:-S.WJ.~Ck.J...Qt°-ow1.-i.1.i.d-Gou.5-rat day of... ...O.c.t.ob.er................. , 19.50. ...., and in the 174.t TNI!. SIUlVICE PllESS, HA.klllSONB1JllG• YA. the Court House, the ..12.th ..... �COMMONWEALTH v. ) Witness Subpoena RAYMOND LEE EPPARD To October 20, 1950 at 10 :OO a .m. �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............ r..QO.P.Qr.....J.,....O.., ..Ji.~.~h ........................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 0 al#.te o·clock, a. m., on the ......2.9.th.. ......day of. .... .........s.~.p.t:;.(,mJ.P~X'.................................... 19 .9..0. .., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... ................................... , .. in'.' .t ..........1~;,.. JQ.1; .... Lsl.e who stands charged with a felo1Y ..... ~.P.P.ar.o, ......................................................... . m-mtdn<W. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, }:-R-oB£AF-Sw-IF'l:B+;-C-krk:-r,f-mer "'!ttid-€~err, at the Court Hottse, the .......2.9.th ...... day of. ...., .e...t.emb .. r. .....19 ..'.5.0,and in the .....17.4-_, . roftl ~~~~~--=e:-~~. THE SE.R.VlC.E PRES!!., HARlUSONBURG, VA. �C01m~onv✓ eal th v. Tia"Tffiond Lee Eppard To 29, 1950 00 A • : • 0entember at J(!) : ~/v-l<!t!- EXECUTED~-2f-.s"fN THE COUNTY 1!}i, ROCKINGHAMBY DELIV~¥NGA TRUE CO F THE WITHIN~ r(u.,,..- TO I �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .............J.oe. .Kyg_er................................................................... . /q ..EJ.t :t.9g ..L?.w.::iq,r.Y........................................ . .................................................................................G to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at IO o'clock, a. m., on the2..9.tP.day of .........0.9.t.QP~:r., ....... 19 5.Q to testify and the truth to say in behalf of the Defendant .................................................. in the proserntion of the Commonwealth against....................................... . ~.?-.~.<?.:q~ .. J•.~·~···~pp~:r.4 ................................................................... .. who stands charged with and indicted for a felony ~XooK 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 .....J:-.~.t;J1 ...... day of .....O.c.t.o.b.e.r., .......195.0..., and in thel.7. . the Com ealth. 1 .. ............................ , Clerk . . ... �~ Not iinOint place of abode, e=. ==·{'7) true copy of this ~-4 • -IL wr, ·- ..at his u•uol by delivering d!IVW;r•r- c;_ .i~ .,,{:YSJv~--- usual place of abof,{e/_,lJL.. ~ d: ~ -···-···• being a member of above a.ycJ~e~rs, and (jJ(J:faining tne purport therAr his family "' hAr. %8 ~ &/. ~) ~GV-<!~rz.-/2- �Harrisonburg, Memo for Clerk of T. 1950 J. Court: Kindly summons the following as witnesses for the Commonwealth Justice Cour;t on the Trial Date, ________________ Name of Witness Va.,__ __________ of Virginia in the case of 1950: ,, Address of Witness By___________________ Va. State Police Officer. _ I ��\ Vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, J.C. in the name of the Commonwealth oE Virginia to a pp ear before the Trial in said County, on Police Jus ti ce 22nd day Officer, Court of sai cl County, sitting of _ a t___ =H~a=r-=n-=·'--=s'-'o'--=n=b=-u=r=-geJ-, _V-'-=i=r..cg,.,,i"-"m.=·=-'a=-------- __,,S"-'e4p,._,t,_,,e...,m.,..b.,_.e,..r __ , 19-50.-, at the hour of that day to give evidence in behalf of_-'-".ulJ-'-'!U.---------------------------- in the pending case of _C_o=m~' t~h~---------------------------------- Raymond Lee Eppard· 1-50-2111-l~arrison _ Hash, S.P. Oo E. Simmons,-Elkton V. to summon, __________ ofL_----'2._.;...1,,0.L.1.Q,L...,j,p~ .... ill..<d..__ ____ _ �() :) ;)< '-<. :::1 8 g ~ s (l) ' ' ([ C: t. c-, a ~- ~ {J) Trial Justice Court ----Docket No. 6188 A Com'th ~ t ( V. ( Witness Subpoena ( RaymondLee Eopard ,:. c-..... t. Cl (' C i To Sept. 22, 195@, at 2:00 P.M. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Yott are hereby commanded to summon ..........~ ...f. ~ ...J:3.:i..:r. ....................................................................... .. to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at IO o'clock, a. m., on theZ.Ot.hday of. .....O.. .to.be.r·, . .195.0 .. to testify and the truth to say in behalf of the Defendant in the proseeittion of the Commonwealth against ....................................... ···············•··········· .. ················ .... ~~.Y ... 9.:P. ..... J:1.~~....~.) ... '{.~;r.d. ........................................................................ . who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £ I 00. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ... 9.t.r ............ day of .Q.C!.:t.<?.P4.-t,.......... 19.50, and in thel-75.t~ear of the Com~=: .... iflrtt1t£~~····· F ., Clerk ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to mmmon .......W.~ ....W•....:SJ.:r.d ...................................................................... . to appear before the Judge of the Cirrnit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the20.thday say in behalf of the Defendant o/ .....0.c.tober., ............. 19 50 to testify and the trnth to in the prosecution of the Commonwealth against....................................... . ........................................... ......Rc.:i,ymo.nq ..L.e.e...Eppar.d ...................................................................... . who stands charged with and indicted for a felony liimY~oX 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 ....1.9.th........ . day of ..0.G.t.O.P.~X'.., .......... 19 .. .50, and in thel75 he Commonweltlth . . .. ... ... ... . ..d.~ .., Clerk ��I / / I J I I I '- \ \ / �t1J-7A TRIAL JUSTICE COURT Criminal Docket N~ 6188 Com'th V. f>v'WAppearance date Trial Date 7 ..l't - ~-o f - 2.. 2.. -~~ 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 Raymond Lee Eppard Subject The topic of the resource House Breaking Description An account of the resource Defendant charged with house breaking 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 1950 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_002 Eppard https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_008_commonwealth-v-robert-brine-harrington-jr-.pdf 7ae0245c5d94caf5bb2cb18d6ac9ad0a PDF Text Text '-f+-- l - ip 1~ 1 I , II + 11/yvj/:?J ~~ -n/c, /b ~ :,{;: \r_. �~ r t ± t �COMMONWEALTH vs. 11~ ,0'"-<-',,,_;e. /4/~d Vt- 1M, DESCRIPTION OF PRISONER Last known address __ 5=--}~J-"-,(_~--=-----=-=--------kJ_::._/ __ Height.-----./,,b-,.,._/__ Color Eyes,---"6=--- ~--==------=----=~-~C/'..__ ______ Hair ~ ~ (?--~ _____ Weight / _ £ Marks------------::--------------------Age ~ / Date of Trial Result __ Occupation 1~ ---L/-L-/-~;)_----=------~:)_------;-:--:=;::/:_:_9'___:6=--3-=-' ____________ ....::::::2,~L,f11?i~u..A/1~'_:___J;LL~;~z;~-~~,P=~~1~------------- ~ ' _ ��Docket No.,/.(; OCT 1963 OX COMMONWEALTH ~) of VIRGINIA ) Felony VS. (armed bank robbery) ) ROBERTBRINEHARRINGTON, JR. J ./ H_e_n_r~y~C_._C_l_a_r_k _________ Own (x ) Appointed 19 3 Oct. 21. Return ( ~P· d. ) of Grand Jury. 11/117 Oct. 21. Accused arraigned and plea of guilty entered; evidence heard, accused found guilty; imp. of sentence deferred and case referred to Prob. Off. for presentence report; accused remanded to jail. 11//~o Nov. 22. Report of Prob. Off. filed; punishment of accused fixed at five (5) years in State Pen. . 11/142 2--- CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �,. ;>< .. -< _, .. 0 z z z"' _o _< .... 0 0 ... "' I.,, " r > "' -"' .,, > �In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded of Rockingham County, Greeting: to summon----------------------------------------------------------------------------------------------------------------------------- -----------Miss Frances Eaton ________________________ Grottoes ,___________ Virginia ---------------------------------------------------------------------------' ----------------------------------------------_______________________________________ S_he.:r_i_ff ___ A_~___ L_, ___ $_tx:awderm_an --------------------· __________________________________________________________________ _ _______________________________________ Dep-uty---&her-i_ff ___ G.---M.--Jli-lcox-------------------------------------------------------------------------------_______________________________________ :1_:?~_p_~~-Y.---~-~~~JJf __~~----A-• ____ ~_PJ: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 2._l_s_t __day of ____ Qc_tob_er. ___________ , 19_6_3__, to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against-------------------------------------------------------------------------------------------------------------·· ---------------------------------------Robert __ Brine __ Harrington who stands charged withX1lUiximi~:foc a felony And this you shall not omit under penalty. Witness, burg, Virginia, JAMES R. SIPE, Commonwealth's _,___ Jr.--------------------------------------------------------------------------- ~JmlQX. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- at the Court House, the_l1_t.b of _______ O_c:t_obe_r _________________________ , 19_6_3 __ , and in the of the Commonwealth. 18-Sth year �··tf/y '-'~"I rn {(-).:- /C/..··· ..~; ..,...-.lt"I a:r N'!O., """-.:n'v~;,,;-,..,,,~lriuA' ~cvUTcu~~-~~L.~ NrK. '-'VU1'1f1JI, ~U'-"li~un t6 ,.;1 BYDEUVffilNO'A TRUECOPY"OFJHF WITHIN.' .;...~ JO..... ,.,..->-'ii -~---~-. _,£./--- ---~·--' .. ·•·· • £::..?~ .....,.... ... ,... --«-=.X... . ...•·-·-----· --- •.-=----,......,,,,_--vL ST;;?i;;~~:~:;~: --?f--:£-----·::~:~·:::~~ �COUNTY COURT Criminal A Docket Commonwealth V. 3.ohert r.,.,..r-i . ·~ - n'"ton Defendant Appearance Date 9-23- ;3 Trial Date - 1,.,-11-63 , . Jr ��COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors October of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Robert Court of the said Brine in the Rockingham National a certain a certain in the Town of Grottoes, with the intent in violation of Section amended, against oaths and feloniously, .22 rifle, banking Bank of Harrisonburg, the daytime, now attending upon their unlawfully did enter in the present that on the 23rd day of September, weapon, to-wit, ammunition, located Jr., County aforesaid, with a deadly ball County, Harrington, Term, 1963 Grottoes Rockingham County, to commit larceny 18.1-90 while loaded house, 1963, armed with being The Branch, Virginia, in of money therefrom, of the 1950 Code of Virginia, the peace and dignity as of the Commonwealth of Virginia. Upon the evidence Strawderman, Spitzer, Deputy Sheriff witnesses to give evidence. of Miss Frances Eaton, Sheriff G~ M. Wilcox and Deputy Sheriff sworn in open court and sent A. L. W. A. to the Grand Jury �INDICTMENT James R. Sipe Commonwealth's ')j Attorney A TRUEBILL ~ ROBERTBRINE HARRINGTON, JR. v. COMMONWEALTH armed bank robbery �PRE-SENTENCJ:c REPORT Staunton, Virginia November 20, 1963 l{.M'IS: Robert Brine .ADD3SS: Harrington, L92 S. 1'r.asonStreet, Harrisonburg, Virginia AGF: 21 (Born 5-20-42) S~X: Male RACE: ~{hite Jr . MARITALSTATl'S: Single PO. OF DEPENDENTS:None 0FF'<rSE: Robbery by Force DEliENSEATT0t1.NEY:Mr. Henry Clark (Emol0yed) C01~10N''EALTHATTORNEY:Mr. James R. Sipe COURTACTION: -iobert Brine Harrington, Jr. ppeared in the Rock· gham County Circ 1.ri.t Court on October 21, 1963, with the Honorable Hamilton Haas presidin~. The defendant was indicted on a charge of Robbery by Force and though the advice of his employed attorney, Mr. Henry Clark, he entered a plea of guilty to the indictment. The Court found the defendant guilty as charged in the indictment, but withheld imposition of sentence until a Pre-Sentence Report could be presented which was reouested by his defense counsel. The subject was remanded to the Rockingham County Jail to a1ait the present2tion of a Pre-Sentence Report. This man has been in custody since his arrest on September 23, 1963. OFFENSE: The subject is char~nd by an indictment that he did on September 23, 1963, while armed with a deadly weapon, to-wit: a .22 caliher rifle, loaded with ball ammunition, enter the '1.ockingham Hational Eank of Harrisonburg, Grottoes Branch, with the int8nt to coill"""it larceny of money therefrom, in Violation of Section 18.1-90 of the 1950 Code of Virginia. The victim of this offense is the Rockingham National Bank, Grottoes Branch, and the Codefendants are .Roger Lowe, Jr. and James Miklos. According to the subje t, he met his codefendants at Susie's Lunch in Harrisonburg in the evening of Sunday, September ?2. The subject stated he had been drinking that day and had gone into this restaurant to answer a call of nature. He further stated that while in the restaurant he stopped and talked with Codefendants Lowe and Miklos. The subject reported he started drinking beer with Lowe and hiklos and a short time later Codefendant Miklos mentioned. the possibility of the bank robbery. tlarrington reported that they went to several different restaurants that night, continuAd to drink beer and mentioned they also drove around some that night, but he was unable to ·ive a full account as to what they actually did. The subject mentioned that they drove to the Grottoes Area on MondayYorning with the intentions of robbing the bank right after it opPned. However, when they first got to the bank, they did not enter it due to customers being inside. He further mentioned that they drove around the Grottoes Area, stopped at a restaurant, drank a couple beers, fixed a flat tire and returned to the bank at aoproximately 10:50 a.m. The subject stated Lowe was driving the car and he parked the vehicle at the bank's entrance, after which he and Lowe entered the bank. ~ihile Lowe was inquiring about an auto loan, Codefendant Miklos entered the bank with a .22 caliber ri~le. 0 ��;:,.E: Robert Brine Har in ton, Jr. Page 2 . . . . . . . . . The s 'bj ect stated that they did not wear masks and that after the money was turned over to them, the three female bank employees were locked behind an iron gate in the bank vault; however, the vault door was not closed. The subject stated that he and his codefendants then left the bank and were apprehended approximately one-half hour later in the Montevideo Area. 1 The bank employees indicated that money in the amount of ~6,210.00 was taken from one of the bank drawers and all of this money was recovered except .''208.S0, which was covered by insurance. They reported that there were no customers present at the time of the robbery and no one was injured or mistreated physically. The subject indicated he did not know ihy he became involved in this offense, but mentioned he had been drinking fairly regularly since S nday mornin, and had consumed e~ough alcohol to be un&ble to think properly and thus became involved in the offense. PRIOR R-i.:CORD: Harrington reported no prior record and none was found. F!u:II..Y HISTORY: Robert Brine Harrington, Jr., white, single male, age 21, was born on Fay 20, 1942, in Iowa City, Iowa. He is tre oldest of eight children born to Robert B. Harrington, Sr. and Margaret Love Harrinpton. The parents stated they were married on July 14, 1941, at Tuscola, Illinois. The subjec I s father, Robert B. Harrington, Sr., age 52, stated he was born on May 18, 1911, at East Oran e, New Jersey, and presently resides t 492 South Mason Street, Harrisonbu g, Virginia. This man further stated he completed high school and one semester of college. He stated he enjoys good health and is presently employed as an advertising salesman for WSIGRadio Station in Mt. Jackson, Virginia. He is also a salesman for the Blaine Smith Aluminum Siding Corporation and is also a qualified travel agent for the R. loring Cover Travel Agency. The subject's father is a member of the Catholic Church and reported having no police record. Several members of the community were contacted and they indicated the subject's father was very authoritative and was overly dominant towards his children. They further advised that this overly authoritative approach had possibly caused some friction within the immediate family. The subject I s mother, Margaret Love Harrington, age 44, stated she was born on May 19, 1919, at Iowa City, Iowa, and she presently resides at 492 South Mason Street, Harrisonburg, Virginia. According to Mr. Harrington, his wife completed high school and is a graduate of the University of Iowa. Her main work experience has been that of a housewife, Vrs. Harrington indicated she enjoyed good health, is a member of the Catholic Church and she reported no police record. The subje has the following siblings: Mary Love 11Hoddy11 Ha rington, age 19, is a sophomore at l·,adison College, is presently living with her parents; however, this girl has attended colle eat Santa Rosa, California, and is planning to return to college in California after this semester at Madison. It was reported that some of her relatives in California are helping to pay her co lege expenses. ��RE: Robert Brine Barrington, Jr. . . . . Page 3 . . . . . . . . . Steven GeorRe H rrington, Susan Ann Harrington, James Harrington, Catherine age age 12, Jane Harrington, age 17, is a junior at Harrisonburg High School and lives with his parents. 15, is a sophomore at Harrisonburg High School and lives with her parents. is in the 6th ~rade at the Spottswood Elementary School and lives with his parents. age 10, is in the 5th gr de at the Spottswood Elementary School and she resid s vith her parents. child reportedly died of double pneumonia when she was 15 months of age. age S, resides with his parents and is in kinder~arten at the Spottswood E:lementary School. 0 Margaret Harrington Thomas Francis - this Harrington, HOMEAND NEIGHBORHOOD: At the time of the offense, the subject the Fire S ation on NewmanAvenue. The mately one month and h d not been livin sug esting he leave, reportedly because intoxicated condition. was renting a room in a roomine house just above subje t reported he had been livin there approxiwith his parents for sometime due to their of his excessive drinking and coming home in an The subject 1 s parents ovm a seven-room, frame house at L92 South Mason Street in Harrisonburg which appeared to be in a fair state of repair and adequate :for the family's needs. EDUCATION: Harrington completed the 9th grade at the Harrisonburg Hiqh School and quit school when he was sixteen beca se he became uninterested. The subject stated hews at that time living b himself in Harrisonburg and he auit school when he became of age to be allowed to leave school. School records indicate that he withdrew from school on 0pril 18, 1959, and at the time he withdrew from school, his average grade was "D". The subject was given the Hemmen-Nelson Mental Ability Test on March 10, 1951:l, and this indicated a total I.Q. of 106. Teachers' comments indicated that the subject was honest and was no disciplinary or behavior problem in school. However, they did indicate he did not apply himself and could have made better grades if he tried. The subject stated he completed his high school training the G. ~. D. Test while he was in the Marine Corps. while in Service and he took INTSRESTSANDACTIVITIBS: The defendant indicated drinking. He indicated he enjo s sports, dates occasionally no other leisure-time activities. and advised that he enjoys RELIGION: Harrington is a member of the C tholic for sometime. Church, but indicated he has not attended re ularly ��RE: Robert Brine Harrington, Page Jr. 4. . . . . . . . . . . . . HEALTH: The subject is approximately 6 1 tall, weighs 150 lbs., has a fair complexion, blue eyes and dark bro~m hair. The subject stated he has a birthmark on his chest. According to the subject's parents and medical information, the subject had pyloric spasms shortly after his birth and as a result he was W1able to receivP proper nourishment and was a feedinf problem. As a result of these spasms, he could not digest his food properly and this resulted in his being W1dernourished, W1derweight, etc. It was reported that the subject has also had serious throat infections and acute nephritis. The subject's parents indicated that he has had poor eyesight, has been W1derweio-ht and was often unable to participate in sports, etc. due to his being unco-ordinatcd and matters of this nature. The subject admitted smoking and drinking, but denied the use of narcotics. In talking i.th the subject, he indicated remorse for the offense, was cooperative in supplying information and was found to be truthful. MILITARYHISTORY: Harrington enlisted in the Marine Corps and entered the Service on May 22, 1959. He was given a Discharge Under Honorable Conditions on April 16, 1963. He was a Private First Class at the time of his discharge. The subject stated he was given one Summary Court-Nartial in September 1961 for breaking restrictions for which he received 30 days of hard labor with no confinement and a ~50.00 fine. He admitted being involved in a couple of fights while in the Marine Corps, but was not court-martialled for these fights. ~~HPLOYMENT: Social Security No. 229-52-1728 The subject has a limited employment record due to his age and having spent sometime in Military Service. After the subject's discharge from Military Service, he became employed by the Nielsen Construction Comuany as a laborer and was employed by this firm from r~ay 20, 1963, to August 16, 1963. After leaving the ~ielsen Construction Company, the subject became employed by Ir. Roy Linhoss as a laborer for a brick mason and was employed there earning ~1.25 per hour at the time of the offense. The subject reported he was employed as an usher at the Virginia entering the M:ilitary Service. Theatre prior to In talking with the subject 1 s employe s, they indicated that the subject was a good worker, was mannerly and polite, was no problem and appeared to have a sincere desire to work and worked willingly. They indicated they were surprised to hear of the subject being involved in this offense. subject reported of clothing. ~h~ no sizeable debt~ and no resources other than personal articles ��RE: Robert Brine Harrington, Page Jr. 5 . . . . . . . . . . . . . SU1'1MARY: A number of people were contacted during the course of this investigation. In talking with these people, they indicated very little community sentiment and from talking with these people and the subject I s parents, they indicated that the subject II got off to a bad start" soon after he was born due to his bein sick, etc. The parents advised that the subject was somewhat underdeveloped and the children his age often picked on him when he was younger. They indicated this occurred until the subject became old enough to "fight back:11, which he did. The subject's parents also advised that he had the sincere desire to join the Marine Corps ever since he was old enough to know anything about the Marines. They mentioned that he was able to enlist in the Marine Corps and soon after finishing his basic training was shipped to Guantanaino Bay, Cuba, where he spent the majority of his time while in Service. The subject indicated he was then disappointed in the Marine Corps and he did not think it was as 11glamorous 11 and exciting as he thought it would be. The subject's parents also advised that he has not set any goals in life, appeared to have very poor interests and activities, drinks excessively on occasions and appeared to be easily led. In talking with some of the subject 1 s friends, they indicated he always appeared to have the need to 11prove that he was a man11 and further indicated that he was easily led. In talking with the subject, he mentioned that he and his father did not get along well together and he stated that he rebelled against his father's domineering manner. The subject stated that he has lived with some of his relatives and usually got along much better with them than he did at home because he and his father could not get along in a satisfactory manner. PLAN: If and when the subject is released from custody, his parents have offered him a home and it is also possible that he could live with some of his relatives. Employment would have to be secured. Respectfully yours, V. Leroy Harsh Probation and Parole Officer VLH/aer �• I �I, under Section Robert Brine Harrington, Jr., of my right as amended, to a having been advised 19.1-163.1 of the 1950 Code of Virginia, preliminary hearing upon the ques,tion of whether there is reasonable ground to believe that I comaaitted the within charge of ... - ________ _ armepbank robbery , do hereby voluntarily waive said preliminary hearing this 30th day of Septe~ber , 1963. ~~ ��Comp. Form 18 l STATE OF VIRGINIA ~ OF r Harrisonburg No. _____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: James R. Sipe Whereas, John G. Leake has this day made complaint and information on oath before me, -:--:---,-------------------- City Justice of ThePeace (Name) of the said CoomJt tha,._ ______________ _ (Title) Ro ert 2 3 rd did on the while armed with Brine Harrington, did enter a certain banking to-wit: house, a .?2 rifle to-wit: ·with intent Jr. ______ in tmarod County and feloni 19__6 3 : U n 1aw fu 11y day of-------=----------, September a deadly weapon, Rockingham Branch, in the daytime, section 18.1-90 of the 1950 Code of Virginia dignity of the loaded with ball The Rockingham National to comr.iit larceny ammunition, Bank Grottoes of money, in v:Lolation as .mended, against ~usly, of the peace and Cormnonwealth of Virginia Thes~ are. therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the RockinPhaJJ. County Court of t~d, County, the body (~) 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 ----------------1□ color ____ Address ---□ color ____ Address ---------------□ color Address ----------------□ color ____ Address -------------□ as witnesses. Given under my hand and seal, this 23rd day of____ S_c_p,"lt_em----,b."le'-r ____ -J... __ ¼27.~ (Seal) �STATE OF VIRGINIA-COUNTY OF to-wit: I, __________________ _ a Judge of the County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and --------------------------, to the Commonwealth ($ ________ ), as his suret _____ of Virginia , have this day each acknowledged Dollars in the sum oi ------------------·------------------- to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: themselves indebted That the said ______________ of lands, and tenement~ _ County, on the ____ ----, to the use of the Commonwealth to Circuit Court shall appear before the County 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 days 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___ _ Judge. J. P. :r' n, (j 0 ~ V, (') 0 a:: E:: 0 ~p. ~ z ~ l"l c+ c..J > t"' ::ii-'• 1--3 ::i:: (/) c... ..... 11 • ::n ::, 0. ~ (1) cio. 'Tl 5· (1) :,- >-! Q e:. >-! 0 e. (i ~ 5· l)Q 'T1 (1) (1) (i 0 (/1 :,n, 3 30 0 :I'! (1) ., s: ~ ;.., ~ s Si D1 'Tl ---w~ D1 (lo (1) n 0 3 3 n ;;; ~ ~ >-! .... E ~.... ., [ ~., ~ g ~ oil 0 5· ...., .,::, ., n, '< 'O (1) (1) l)Q 0.. 0.. ::, g ., i:: Pl < 8 ., ~- 5· 'O 'O (1) ~ er (1) F. .,.... o' .... ...., 0 ?; (1) <'I> ;. n, 8 B (1) '< >-l ::r (1) (i 0 (/1 ~ (/1 0 ..., (i 0 i:: 0 ::, ~ ;. -€/> n::;· o' ,., :I'! s ~- 5· l)Q s a ~- ~ g .. ~ ~ g, Pl .... ,., (1) ,..... .. \) _, D ~ '-0 ~ \ C> 0 0 l (1) Q i:: 0 -:! 0 l)Q ::, :;;· lb 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 Robert Brine Harrington Jr. Subject The topic of the resource Felony Armed Bank Robbery Description An account of the resource Defendant charged with felony armed bank robbery 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 1963 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_008 Harrington https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_013_commonwealth-v-robert-carrier-jr-.pdf aa403b0852e3852961c4db458fe55add PDF Text Text Commonwealth of Virginia, Rockingham County, To~wit: to be levied of their respective goods and chattels, Virginia rendered, lands and tenements, and they each severally waived their homestead for the use of the Commonwealth exemption of to their recognizance; yet upon this condition: That if the said_ ----------~~~----shall :t,?/l~~" 4 @i, • Gaoo.. 1 f R k· h ~Za~ personally appear before the C _ ~- h at C h ::i:??;;: f "d C _o , .. _ h ounty: on t : :::: __: :::- 19 ____, and at such other time or times to which the proceedings may be continued any court or judge hereafter having or holding any proceedings in connection and thete answ« the Commonwealth of Vitginia conmning a cectain __-~ a~ d :: _a'. or further heard, and before with the said charge, and then -_-_____-,- ________ ___________________________________ whereof the said~~-~--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 ��Commonwealth of Virginia, Rockingham County, To-wit: to be levied of their respective goods and chattels, Virginia rendered, lands and tenements, and they each severally waived their homestead for the use of the Commonwealth exemption of to their recognizance; yet upon this condition: ~/ __________________________________ shall personally appear before the That if the said_ tre~-em;i:Pt:of of the._ 19_ _ nd affufh R;ki::am County, ot the Cou<thouse of s~ounty, .-ff_--'!______ T e,m thmof, other tt.~ o!;f;.,,_es(J~1.f:the any court or judge hereafter having or holding and there answer the Commonwealth L-l- ___ a,y being the ___ on the __/_~ of_-~ proceedings may be continued any proceedings in connection of Virginia concerning ___day _______, or further heard, and before with the said charge, and then a certain _ , ___________________________________ whereof the said~----- _ -~--~~- ___ 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 A' force and effect. ITNESS WHEREOF, ----------------, I hereunto 19_'f_~ affix my signature this ____ j_ ___________ day oL ___________________ _ �.. �DISTRICT12 PRE-SENTENCE REPORT Staunton., Virginia April 7, 1947 Name: Robert W. Carrier Citizenship: Address: Martial Status: Age: 27 Effinger Street Harrisonburg, Virginia 25 Dependents: Offense: Race: Sex: OFFENSE:: .American Married Two Statutory Rape White Male Saturday night, March 31., 1946, Robert vr. Carrier, with Carl Ellis (J:ilnmy) Brooks, then a parolee in Harrisonburg, were riding around Harrisonburg in a car owned by Carrier. Brooks spotted a girl on the street who was accompanied by a little boy and started a conversation with her. Following this the girl and the little boy got into Carrier's car a.nd Carrier drove them ho>~eto Englewood Farra located outside of Harrisonburg in the direction of Madison College. Following this they returned down a street in Harrisonburg searching for the girl's (Agnes Dickerson) brother-in-law. They found him on the street and he appeared to be angry over the fact that the girl was accompanied by Carrier and Brooks and a slight argument followed during which the girl I s little nephew got out of the car and Brooks and Carrier drove off with the Dickerson girl. The girl was reputed to have said, 11The hell with them, go ahead." Following this the trio rode around for a while and eventually rode down the Elkton Pike. According to Carrier the girl was by this time making improper passes at both boys a.nd this resulted in the offense being committed against her. Later they returned to Harrisonburg and they all three attended a movie. Follovrlng this Carrier states • he parked near 'WatermanSchool md another offense against the girl was committed. They then drove to Cap's Diner arrl carrier states he entered the diner while the Dickerson girl and Brooks remained in his car. The subject's wife, mother and sister, happened to pass his car and found Brooks and the girl in it. An Argwnent between the Carrier women and the Dickerson girl ensued and finally the police were called. 'Ille subject's wife and mother went to the police station with the Dickerson girl and placed charges against her. Carrier and Brooks rode around a while longer and Carrier let Brooks out, picked up Wallace Kingston and these two drove to Alexandria. He admits being worried about the situation at this time and he did not wish to return home until the situation had settled down considerably. 'Ille following day he went fishing in Alexandria and returned to Harrisonburg in the late hours of the next night. The following Monday morning Carrier states he vrent to the Harrisonburg Police Station a1 d told Chief Keene about the events of the preceeding Saturday night. He was bonded following this and is still under bond. On ��-2- PRIOR RECORD: FAMILY HISTORY: Probation 1-26-34 Larceny 4-S-35 Delinquent 8-19-35 Petty Larceny Committed to the State Board of Public Welfare 1-30-36 Escape Returned to Richmond 8-28-39 Grand Larceny Committed to the State Board of Public Welfare 2-24-41 Assault and Battery &Jdays 6-20-42 Deserted from U.S. Army Released to the Military Police 3-13-43 Deserted from u. s. Army Released to the Militar-,r Police Juvenile Probation in jail. The subject is a member of a native Harrisonburg family, his father having lived there all of his life and his mother having lived there since eleven years of age. The family consists of: Robert Carrier, father Nellie F. Carrier, James E. Carrier, mother 49 years 27 Effinger Street, Harrisonburg, Va. 45 years 27 Effinger Street, Harrisonburg, Va. oldest brother, ~~Robert W. Carrier, subject Mary Jane Carper, sister Luther Carper, brother-in-luw20 Charles L. Carrier, Norma T. Carrier, 26 years 27 Effinger Street, Harrisonburg, Va. 22 years 27 Effinger Street, Harrisonburg, Va. years 27 Effinger Street, Harrisonburg, Va. CampKilmer, New Jersey 18 years 27 Effinger Street, Harrisonburg, 20 months 27 Effinger Street, Harrisonburg., Va. daughter 9 months 27 Effinger Street, Harrisonburg, wife Joan Reeder Carrier, CB.!~p O'Donnell Jap Prison Camp, Phillipines 20 years brother Ronald Wayne Carrier, deceased, son Va. Va. HOBE& NEIGHBORHOOD: The subject's present ho.r:ieis a large frame house which shows signs of a fair amount of upkeep but is located in a poor section of the city. The street on vrhich they live a few blocks north houses both white and colored and the Carrier home is located in the midst of the section in which there are both dwellings a...'1dbusiness establishments. Prior to this they lived for a period of about three years just across the street from their present location near the large flour mill. Their other residences in Harrisonburg before have been on Gay street and Rock Street. It appears that the family has always lived in the northend section which is only a fair neighborhood. ��-3- EDUCATION: Carrier, according Public Schools. to his statement, finished RELIGION: The subject is a member of the United Brethren infrequently. INTERESTS As He to for AND ACTIVITIES: HEALTH: the fifth grade in the Harrisonburg Church but attends quite a young boy the subject played ball and he did and still does enjoy sw:imming. has spent some time hunting and fishing. Carrier's interests now appear 'oo doing household chores, checking his trucking equipment and generally caring his family. As nearly as can be learned, the subject has two children that are enjoying excellent health and have never been bothered other than by the usual childhood diseases. It is understood that Mrs. Carrier is not particularly well and probably needs an operation. Septernber 30, 1940, to November 4, 1944, United States rmy. This ma.n's Army E!.1:PLOYMENT: service record is poor and he is the holder of a blue discharge or discharge without honor. From the first of November, 1944, to February, 1945, Carrier drove a truck for Menefee I s Coal Company in Harrisonburg. From February, 1945 to May, 1945, he was a truck driver for Gordon and ?awley in Broadway. There followed a period in which the subject did not do anything very definite. He held a few odd jobs including one with Mr. Leon Hersh at the Cement Block Plant and during this period was a member of the 11Fifty-Two 1\venty Club 11• In June, 1946 he went to work as a truck driver for Houff, Weyers Cave and has been working there regularly since that time. RESOURCES: This man has no resources SUM::iARY: with the exception of about ~150 in personal property. Robert Carrier readily admits the offense with which he is charged. In his story of the offense he is inclined to imply that the girl involved in the case was largely at fault, however, it appears to the reporting officer that the responsibility is largely Carriers. This man has considerable record, mainly as a juvenile and has twice been committed to the State Board of Public Welfare from which he escaped once. In addition to his juvenile record he served sixty days jail sentence for assault and battery and was twice arrested for being deserted from the U. s. Army•. His Army service record is particularly poor. The subject and all of his brothers and sisters Viere born in Harrisonburg and their parents are natives of Harrisonburg and have lived all of their life in the Northend section, which is only a fair neighborhood. Carrier attended public school in Harrisonburg through the fifth grade. He is a member of the United Brethren Church but at this time he admits little interest in religious matters. His main interests and activities at this time center around his frunily and doing odd jobs at home. In addition to this he attends movies and does some hunting and fishing. He and his family have no health problems at the present tirr~ vr.i..ththe exception of his wife who needs an operation. The subject's employinent record has been good and steady for the past eight or nine months and prior to this he was noted to have changed jobs frequently since his release from the Army. This man has no resources ,Ti.th the exception of about ~lS0.00 of personal property. ��-4- PLAN: The situation, as it appears, is not good. This man has a rather extensive prior record in addition to a poor milita.rJ service record. In view of reports received to the effect that since his arrest on the current offense the subject's behavior has been above reproach, the officer believes that with certain changes in the present family set up, this case can be handled on probation, a situation which is desirable from ma.~y angles, the least of which would be to allow this man's family to remain economically independent. In the first place, it is recommended that Carrier and his wife and family move out of his father's home, 27 Effinger Street, a home which is now occupied by three families, and establish a residence of their own. Secondly, it is recommended that Carrier work out a plan for reporting to the probation officer with regularity and a plan which would enable the officer to locate him regularly and check his activities if he is to continue his employment as a truck driver. Under these circumstances the reporting officer believes that the case will be workable on probation and would like an opportunity to work vri th this man. ~"::r~; Pr~~t1on HBJr:mlg SOURCES: Robert E. Carrier Nellie F. Carrier Members of the Harrisonburg Police Department Harrisonburg and Rockingha.in County Court Records and Parole Officer ��PROBATION ANO PAROLE DISTRICT 12 ROOM I, LAW BUILDING STAUNTON, VIRGINIA OFFICE September 26, 1947 Honorable w. V. Ford Judge of Rockingham Circuit Harrisonburg, Virginia Court RE: Robert Carrier Dear Judge Ford: This is a supplement to the report given you on the above named subject April 7, 1947. The records in Harrisonburg and Rockingham County were checked and no new offenses were found for the subject in the intervening time. Inquiry was also made about his conduct on the road and as nearly as could be learned this has been satisfactory. Carrier's family history remains about the same as it was at the ti.me of the April report. He continues to-live with his father and mother in an eight-room house at 27 Effinger Street. This home houses several families and three small children. After careful consideration the officer's viewpoint on the subject's residence in this home has changed slightly. It may be possible that his extremely young wife may be better off with the help of her motherin-law in caring for his two small children. This is certainly true if carrier is going to continue his occupation as truck driver and continue to get home only about twice a week. The subject's interests and activities have remained about the same as was stated in the last report. He spends his spare time at home sleeping and occasionally takes his wife out to a movie. His main interest seems to be in trucking. The family has experienced some health problems since the April report. About the middle of July Rita Joan, fifteen-month-old daughter, was hospitalized for two weeks after she drank some furniture polish. It is said that this left her in a weakened condition and she developed double pneumonia. A short while after she left the hospital carrier's wife spent several days there. In addition Carrier was sick about a week with yellow jaundice. TD.is has left carrier's financial state in a rather bad strait. At the time he owes doctor bills, hospital bills, and his lawyer. He has nothing saved but has purchased most of the furniture necessary to start housekeeping. His employment has been with the Houff Trucking Company since April. It is understood that he likes trucking and is interested in continuing his job as a truck driver. The subject has made some effort to obtain a house in which to move his family but it appears that he has not tried too hard. The officer feels that the present home situation would probably be satisfactory but in all probability he could not be supervised satisfactorily on probation if he continues his occupation of truck driver. I feel that ��RE: Robert Carrier September 26, 1947 Page - - 2 during the time since the offense Carrier has amply demonstrated he can behave himself in a satisfactory manner. He is considerably more valuable to his family working for them than if he were incarcerated. I believe the case would be workable on probation if Carrier wi.11 agree to change his employment and obtain a job in his home community. Respectfully yours, i~~r. Probation HBJr/a and Parole Officer ��Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, (xreeting: You are hereby commanded, Agnes Dickerson and in the name of the Commonwealth of Virginia to summo.~--------- John Central E. Dickerson, c/o to appear before the Trial Justice Court of said County, sitting in said County, on 3rd day of~-~M=a=-y,___ ____ at Chemical Harrisonburg, , 19...4.Q_, at the hour of ,Coo Virginia. 2: 00 P.M. of that day to gi Ye evidence in behalf of__,.C'--'o..,.m ......... m..,_o,..,,n...._v .... i.... e..... aL.11...et ...... .uh ______________________ in the pending case of_C_o_.mm_o_n_w_e_a_l_t_h _____________________________ V. Carl Jimmy Brooks and Robert Carr· _ _ �Trial Justice Court ----'--'-- Docket No. 7674 Commonwealth ( V. ( \i\Titness Subpoena ( Carl Jirnmj Brooks and Robert Oarrier, Jr. To "Maye 3, 1946 at 2PM. �Report of Witnesses for the Commonwealth Month of_-=M=a.,,_,y.,___ ______ Whose mileage and attendance 19-----4..6.... were not collected by the Trial Justice before the end of said month. K. B WITNESSES Fel. Pro. or Misd. Days _c_o_m_._vs_._~R~o~b-=--=e=r~t~C~a~r~r~l~A~r-, __·~I~r~--------1-M-en,l~.d----1----1---1----l----l-5.,L3..,,,,45 1. Agnes Dickerson 1 ,50 .50 2. John E. Dickerson 1 .50 .50 3. 4. 5. l ,00 ��Agnes Dickenson born Oct. 6, 1931. 6 Arrest Warrant The Commonwealth of Virginia,} T 't • h am County, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, ____ J_o_hn __ E_._D_1_· _c_k_e_n_s_o_n _______________ of said County, has this day made complaint and information on oath before me, __ J~•_C~•_S_w_a-'-'--r_t~z~,~C--=l,_e,,...r_k----=-T-=c'-. ~J~•_C_o_u~r~t ____ _ T. J.or J.P. of the said County, that Robert C rri er 31st day of March , 19___!§_, in the said County, did unlawfully and feloniously by force of arms carnally know Agnes Dickenson, a female child _under the-age-9f ~i~teen years, against the peace and dignity of the ~omrnonwealth or V1rg1n1a on 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 ___________________ Robert Carrier __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this __ 3_1_...cs_t ___ Memo. of Commonwealth {2 ;()~ Ne-H~~~~= _ _ Witnesses: Address �'"'., n 8 o..g 0 ~ ...... ;::;· ;:l ;:r-::l ;:r' n,:, OQ rt JUDGEMENT G) :t n, :, Trial Justice Court Criminal Docket No. 0.. -(1) rt::, Upon the hearing of the within charge, probable cause is found, is bound and the defendant over to the Grand Jury '"' 3 -< ;:r' :, "0.. Commonwealth { vs. Robert ~ !I' Arrest Warrant rr~r~ -,.., ~ ., ;a· ~ ~ ; g. §. iol-< g 'Cl -· 0.. -,n -< ~g ;ro0: CO,; i ~ O'Q" : n n r' g"::r-o o ::, ~g...-f-\ Issuing Justice's Fee $....../. ..<TP. .. Clerk's Fee $.. ../, ..~£. - .J':'.~ ..O .. $....... =:-........ $.../c_r,.JL .. and Mileage Summoning Witness Witness Attendance 19-i l, g.rl § : ~ (ll (ll t/l ...... 0 p,)::, OQ O : 3 n, -· ~ : ~· oo·::, :r. ""'"'n n· 5· 5· g ::r-. ~::, 3 0 :, n, '"' ...... ~ ('O: O..a, "' and Mileage . • ,..,.... -ro -<~ro:,o ::rj,,,,,-1. 0..-·'Cl : oo·o..,: 0: S1~ g ~ 'Cl:, $/r_J?.O.. .... ti) o..;:r-e,.;' 0"':, --~~-oa ,.., 0.. $ ...?iP.P .... $ ......~ ..S.::::C?. .. Jail Fees $ ........................ - if!;:;; ~ [Pi Miles travelled by officer Miles carried prisoner Total mileage TrialJustice ;f n 3 ;:l :::r'o, ,..,., '"'-< Officer's Mileage -----············· C ~ ~ g. ., .;· :, 0.. 0.. n Ill ;:r' -< ., ·"' ;:;· -< n, rt: (ti;::::;: ('t) Commonwealth's Attorney Total, day of $ Trial Justice Fee Arrest this ½ ::i i:; E ,.., n, '-< -o,.., '"' 0:, 0 0 '"' g_-gg 0 OQ o' >-j C-< >-j 0 " '"' ;:;· n, rt 3 > -~ 0.. 0 a" '"' n, ::r: ., ;:r' n, Ill z G) n, ~~ a. ":, 0 ;,s; " ...., g. 'Cl 'Cl n, OQ 0 ;. <: ;;· n 0..n, ;:r--·'"' '"' $.. --------------·-·--· PJ: g.-<g.., ':-' ;Cl ::,:i ? Ill \ o..P--1-•rt: (ll :i C/l: n, OQ C • ;l'l§. 0 ':-' '11 5· "n, g_ ::r n, :::r'o..: <: 0 0.. rt ri 2. ~ ~ n, :, 0 - - - ~ ~ -< 3- 3 ~~~--rt: ::, n Fine 0.. ('t) >< n, 2-,o ::, O"Q -· n, a" a :::;.:. ,..... -· z>-j 0 ~ ~ ('t) ;:l Ill 0 rt ""1 ""'"'o ::, befme~ C ..0..3 ;3'rl g 3@ ~ ~-€.§..~ ::, :-l n, n, -·o/J":, 0 0 Robert Carrier 0 ;:;· ~8:. ,.,.::re ni ., 0.. g. 5· ~ Executed the within warrant by arresting and delivering the body of ► I n, o..;f ;:l ,.., ~oo..g;:r-0 Carrier '11 '"' e:.. P.."g rt~,; < ;i3 g z -< er"'~ "' .., ::, ::, ~ ::r~ E..:i:iol 0.. -('t) ""1 Ci) ::, 0 n, "' n, ('t) ,; rrl n, <: ;:r'O.. ti) >-j ► -< g g_g~ . VJ ...... g. :, ;:l., n,o...► "' :, 7to7'/: ~ C n, May 3, 1946 C ,.... ('t) 0 ;:r' 0 0 C ;:i ~ C 'Cl 0 0.. n is;:l 0 ~ ;. .,. £. '"' ,.., "' :, 0.. n, 0.. OQ 0 ...., ~ g. ::,:i n 0 0 :, n ., g: 5· 5· ~n, < ~ r- 5· n, is- OQ Ill ?. 5· 3 >-j n, ;:r' () 0 C g -< " rt .,,.., g. ;:r' n, "' ::,:i 0 n is- OQ ., 0.. ;:r' ~ n, ..3 VJ .; 0.. 0 ,.., g. ~ " 0 6.:. ;:l n, ft ...... 0 �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................... :: ;:::a:.:i:::,ea~:.:::g:h:.~.~/::l.. ~~ t~,#f~ •~: th'. ~~.~.k.~~...~~~~~..~~.~.se ..~:;t:f.o~ .. 1:~: 7-'; :o o~:~;7:~_;;;• '.o~ '": ~:~I/ th'. :;;;~~- who stands charged with a felony nH-.rttt-me, And this you shall not. omjJ und~r pen lt of £109,._~And have Jhen and there this Writ. . .1/7,l'.R.,,e~~ ,#. -~VE~ WPA.l~~.,c,;¥ ,S #7.721&1.l~Y ./ ,?P-...L/ Wti"~T SWITZER, of our said Court, at the Court House, the ......./ .../"f .... . 19.,f::_, .nd in t~.z?'·'&'"' doy of....................... ····f· c..__.,/~~~~, THE SERVJCE PUSS, HARRISONBURG, VA. of th, Commonw,.Jth, 43krk) �~ ch in perso ...---...·---·-----·_..----------------------·' the wd ~ ~ ;t .:::.,Xecuted. i-~ �Trial Justice Criminal Court Docket No. -N,'f Commonwealth vs. Robert A.W. Trial . - Held for Grand Jury ~ - �.. �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY, VIRGINIA. Commonwealth On an indictment vs. Robert Carrier, for a felony (statutory rape) Jr. This day came ~the attorney for the commonwealth, and the accused, Robert Carri~f'h~f. to his re6\vha~~of~esuant and came also his attorneytJSam"P. Conrad and Charles A.Hammer,Jr cognizancerand thereupon, the accused, in person and by ID41mXX his counsel, withdrew and pleaded consent guilty Jr., and doth fix his guilty Carrier, that Jr., . ~"-~p / of three . he co doth find And it the costs ~ftcident in the penitentiary to hear the accused, and Robert contained, considered of the said of this the in the penitentiary is therefore to this with of a jury, in the indictment at confinement entered, proceeded the intervention of the charge years. heretofore and the court, the commonwealth recover he be confined atJ guilty the commonwealth, the court punishment a term of three the court ofnot without the evidence, Carrier, for for the case heard plea to the indictment; of the attorney and determine having his Robert prosecution, state by and that for the term /4 years at hard labor. ~owev~ fo rlas.ons a:gpearing t(}_ 1 1:-t,. rh .(,.,,, (' I "1fttd._ t u -n I (1"17 t, execution of said sentence is hereb suspended~ ~n:j·~~-=-ct1 ../ ~Ja.'.±alixEamilx±axrix upon the said Robert said suspension Carrier, Jr., '1.4 r· • of senten being e being conditioned . in all respects of good behavior/for & Of.ficer I requir said during \ the term of such suspension. I'- /. ��COMMONWEALTH OF VIRGINIA, COUUTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for jurors of the Commonwealth of Virginia, the body of the County of Rockingham, Circuit Court their oaths 31st of said do present day of March, years, to-wit, and feloniously ~ Dick~, that 1946, and upon one Agnes~. sixteen County, Robert in said ll1f-6"'k- Dick~, wealth then and there, ick~nd the grand ATTORNEY AT I.AW HARRISONBURG, VIRGINIA Carrier, to-wit, Jr., County, with a female child and her, 1946, upon on or about force and arms, under the in the age of years, unlawfully the said Agnes .,l;. on the day and year aforesaid, unlawfully against term, the the peace and feloniously and dignity did car- of the Comm.on- of Virginia. This LAWRENCEH. HOOVER October did make an assault, know and abuse, a:nd now attending of the age of fourteen and in the County aforesaid, nally at its in and indictment w. J. jury is found upon the testimony Kean, witnesses to give evidence. of Agnes$, sworn in Court and sent before �Stat. Rap~ Indictment COMMONWEALTH v. ) 1/~6 tr~·' !J /lf"J, JR. vw, Term, 1946. ·~1£~rc ROBERT CARRIER, Jtelony: October Foreman ~-~ A True Bill: pi' Witnesses: 1: Agnes Dickenson .,,. 2. Wm. J. Kean v Attorney Lawrence H. Hoover Commonwealth's �#1994 eV ,._;. Fel. (stat. R03ER'r CARR12R, JR. (;J~ c~, Ct,, , /) J.& v Ct J, ,,4. )1 , I J rape) �� 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 Robert Carrier Jr. Subject The topic of the resource Felony Statutory Rape Description An account of the resource Defendant charged with felony statutory 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 1946 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_014_013 Jr. https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_004_commonewalth-v-robert-forest-neff-jr-.pdf 47ac644265c483bacb7c5b05ae657285 PDF Text Text II Commonwealth On an indictment vs. Robert Forest Neff, for a felony Robert Forest Ne~f, Jr., sons summoned by the sheriff persons whereupon, a list who each alternately persons, the remaining • Samuel S. Early, J. containing Saufeley and Ernest the jury, according the evidence as aforesaid by counsel, behalf at the bar and a true And the court ver- having heard the accused, introduced on of the commonwealth, which motion the court overruled, and of the court And the accused~~ introduce the accused, advised any evidence, his motion to strike motion the court to strike make the evidence to which action accused, deliverance of the commonwealth, thereupon moved the court Geo. N. to constitute try and true to the evidence. on behalf Avis Cook, Roy C. Henkle, selected were sworn to well and truly render twenty O. W. Andes, Chas. H. Hinegardner, between the commonwealth and the prisoner dict and free the names of four W. F. Berry, O. R. Emswiler, A. Garber, twenty the names of said therefrom namely: Chas. J. Dennett, B. Grove, J. A. Fulk, facias, for the commonwealth and to the struck twelve, of venire And from per- and found duly qualified was handed to the attorney accused, to his recognizance and R. M. Weaver. under a writ were examined by the court fro~ exception; for the commonwealth, and the came pursuant w. w. Wharton and by his attorneys, persons manslaughter) Jr. This day came the ~attorney accused, (involuntary by counsel, the c~r~ thereupon, the evidence again overruled, excepted. by counsel, t excepted. did not d:ire ee-m-t, by counsel, offered by the to _.which action Ci' to ~newed commonwealth, which of v/e court, the ·ns~c~ U-°'4 and t e f O :lJ,div.- ��Commonwealth On an indictment vs. Robert Forest Neff, cognizance Robert for the commonwealth, Forest impanelled again,pursuant Neff, "We, the jury, slaughter, thereupon, their the verdict verdict, the accused to his re- of the jury and grant the instructions thereupon and after some indict- of involuntary man- and fix his punishment O. W. Andes, by counsel, case came the following guilty in the indictment, accused, of this of counsel, and returned in the penitentiary. said grQunds: the argument court find as charged at two years heard into the trial and having received room to consider time they came again came pursuant Jr., and sworn for and having to their manslaughter) W.W. Wharton and R. M. Weaver. to adjournment; of the court, ment: the attorney and by his attorneys, And the jury retired (infoluntary Jr. This day came again and the accused, for a felony foreman." moved the court a new trial And to set aside on the following (1) that the vereict of the jury was contrary to the 1s law and the evidence and/without evidence to support it; (2) Because of the failure conclusion mission of the commonwealth's of certain relevant of the Court to strike highly and immaterial of the Court to strike case; prejudicial immaterial (5) Because of the improper the Court, the court -J;i'j;ndered by the accused, and having and highly instruction erroneous instructions for the commonwealth, the objection of the accused. And the court thereupon takes said. 1 all prejudicial of the jury by to give certain which are of record given certain of the attorney refused which was ir- (4) Because of the failure testimony; having at the (3) Because of the ad- testimony to the issue; certain the evidence instructions and marked "refused," at the request of which was done ove.r Alllixfi•rawpm,q:x:t.nxxx±~x21111xxxrui*x time to consider the motion afore- ��,- -, Ii - COMMONWEALTH ) Felony~.) ROBERTFORESTNEFF, JR. • • ~1/ JJ 71,.. 'Cf:J,,, 7f. // t( �,,. �December 16, 1948 Division of ¥otor Vehicles Richmond, Virgi 16 Gent.1.en:en t I am enclosing herewith & form O. L. 18-B on Robert ,forest :ieff, Jr.,. who ,as co vScted in tt1$ £1 cha,rge of involuntary manslaughter. court ot Yours very truly, J. Robert Switzer, mb .Enc. l. Clerk �II f ~ .J .. ..• ~ .. .. .. ,. ... ·- 1-- �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA. COMMONWEALTH v. :Jill foJIJBm ROBERT F. NEFF, JR. Thereupon, the defendant moved the Court to set aside the verdict of the jury and grant a new trial ct) that the jury's verdict on the following ground,: ~ /"'£_ was contrary to law and ~vidence, and withIf out evidence to support it; ~he I\ failure of the Court to strike the evidence at the conclusion of the Commonwealth's casP,J$-the admission of certain highly prejudicial evant and immaterial to the issuef\.. strike certain immaterial testimony which was ~elthe failure and hi.ghly_prejudicial ( r;) testimony. ,~f'/l.op_t;~ As- a kl LliYI!si+mase=, the _.instruction the Cour'l .fhe Court~ of the Court to ~ ve certain • of the jury by instructions tendered _rt by the accused , which are of record and marked "Refusedn~ 1he Court ;;;e"1&t~n erroneous Commomrealth, all of which instructio:rs i..,.asJ.-.-' 1l!IIJ at the request over the objection " of the of the accused. ��,. . ... ��STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for jurors of the State the body of the County of Rockingham the Circuit upon their or about Court oaths County, do present that did kill and dignity Court Clarence and sent and slay in and and now attending OA~g~at term, 1948, ROBERTFOREST NEFF, JR., in said County, one V. S. See, on unlawfully against the of the Commonwealth of Virginia. This indictment Martin, at its the 15th day of May, 1948, and feloniously peace of said of Virginia, is found upon the S. Leake and Lester before the grand jury Higgs, to give testimony of E. E. witnesses sworn in evidence. �INDICTMENTnt -,, ... COMMONWEALTH v. 0~ , .)>v'Y ROBERTFORESTNEFF, JR. ,,>!V~·'-1 Felony OAugltils:ltterm 1948 Witnesses: S. Leake 1. "" E. E. Martin Higgs 2. ✓Clarence 3. t}'ester George D. Conrad Commonwealth's Attorney I.• �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMMONWEALTH v. CHARGETO JURY ROBERTFORESTNEFF, JR. If you find guilty of involuntary indictment, than accused, Robert manslaughter, then you will at confinement less the as charged say so and fix in the penitentiary for one nor more than five years, cretion, by confinement one year or a fine or by both in jail not exceeding for his and imprisonment. If you find him not guilty, Jr., in the a period or, Neff, punishment of not in your dis- a period One Thousand such fine and no more. Forest not exceeding Dollars then you will ($1,000.00}, say so ��---I INSTRUCTION The Court manslaughter is the killing to the intention unlawful, of a lawful instructs jury that involuntary of one accidentally, of the accused; but not felonious act. the act; contrary in the prosecution of some or in the improper performance ��INSTRUCTION ~ The Court of the State instructs of Virginia, an operator upon the highway recklessly, as to endanger guilty the life, of reckless ~ driving. the jury that who drives or at a speed limb, under or property the laws an automobile or in a manner such of any person; is ��Instruction The Court further the laws of the State is required lights and to have the object of this instructs of Virginia mobile light No to have the is insufficent ~ the Jury the operator same equipped same lighted whenever to e~amle the operator at an distance law is unlawful of 300 feet and that but not felonious. that under of an autowith two headthe natural to discern any violation an ��INSTRUCTIONNO. The Court from the evidence of v. s. driven See resulted by the accused, resulted unlawful or reckless or indifference from his Robert from Neff's manner, incompatible then you shall as charged the jury beyond a reasonable accident life, instructs _,i__ in the find being Forest operation doubt struck Neff, if you believe that the death by an automobi]e Jr., of said and that a proper him guilty such car in an such as to indicate with indictment. that regard of involuntary carelessness for human manslaughter ��4 INSTRUCTION The Court evidence is provided the to satisfy just instructs as legal and just circumstances the minds of the beyond a reasonable doubt. the are --jury that circumstantial as effective of such character jurors of the as any other, and force defendant's guilt, as ��INSTRUCTION The Court instructs the jury that upon the Commonwealth to prove the accused reasonable and every thereof, doubt charged is necessary the accused of mistake evidence reasonable for of an offense against the accused, guilty material certainty or to do more than as a whole the accused satisfy is or beyond the guilty jury resting beyond all element does not mean that the Commonwealth to establish to an absolute doubt. the burden the guilt all that thereof it of possibility upon the beyond all ��INSTRUCTIONNO. The Court instructs raised the jury (!___ that the indictment no presumption against Robert F. Neff, Jr., in this case but on the contrary -l.J._ is presumed as a matter of law to be innocent of the c~.i.mecharged, and the burden is upon the Commonwealthto prove every essential element of the offense with which he is charged, beyond all reasonable doubt before the jury would be warrented in finding him guilty. believe the guilt And unless the jury from the evidence in the case that the Commonwealthhas proven of the defendant beyond all reasonable jury 1 s duty to find Robert F. Neff, Jr., doubt, then it is the not guilty. �• t. • t • �v:::J Ue/1 INSTRUCTIONNO. /2 The Court instructs the jury that in the application evidence to the determination should be used. of circumstantial of the case the utmost caution and vigilence Such evidence is always insufficient where, assuming all to be true which the evidence tends to prove, some other reasonable may still hypothesis be true, for it is the actual which invests establishes only some finite with the force of truth. which of several probability evidence cannot amount to proof, Therefore, exclusion of every other reasonable mere circumstances the evidence leaves it indifferent however great the probability still, is any other reasonable consistent not find him guilty, and this is true, dence that the probabilities of his innocence. Where is true, or such may be. from the evidence in this that Robert F. Neff, Jr. is guilty offense charged in the indictment, hypothesis hypothesis in favor of one hypothesis, although the jury may believe that there is strong probability hypothesis case of the if upon the whole evidence there with his innocence, they can- although it may appear from the evi- of his guilt are greater than the probabilities ��The Court instructs dant did not testify the jury that the fact that t~e defen- as a witness in his own behalf cannot be taken or considered by the jury as any evidence or even a circumstance showing or tending to show in the slightest Robert F. Neff, Jr. /11:1: .J degree the guilt of the defendant, ��comm. v. Neff \ Instruction The Court you believe v. s. instructs from the evidence See and that the jury that that Robert See died as a result does not raise a presumption charged in the indictment proving to you beyond a reasonable v. s. his death accident, Jr. doubt that or culpable of misadventure the accused, from the evidence Neff, reasonable doubt of Neff relied that that that the crime cannot negligence If See met be found guilty. that unless you believe the Commonwealth has proved alleged of or unavoidable instructed the of act or acts beyond a of negligence on by the Connnonwealth at the time it was Neff struck or one of the proximate v. S. See were the proximate causes of his the accident would not have taken said negligence alleged alone the death of Neff at the time See was struck. as a result struck that In proving of criminal You are further alleged Neff, thereof of guilt. though even the Commonwealth has the burden See was the result on the part J-/ No. place then you will striking had it find for cause See and that not been for the defendmt. ��6 Arrest Warrant The Commonwealth of Virginia,} T •t • h am C ounty, . O-Wl R oc k 1ng To the Sheriff of Said County: Whereas, Sgt. E. E. 'Mertin of Barr 1sonburg, made complaint and information on oath before me, of the said County, that ___ on the __ l_5_t_h ___ loniously kill J. C. Swartz, Ve. Police Clerk T. 1. T. J. or J.P. R_o_b_er_t_P_o_r_e_s_t_N_e_t_t_,_J_r_. __________ day of__ lll_y~----• 19 48, and slay one V. S. See, in the said County, did against of said Cbunty, has this day Court ..... ..,_:_.., _ __....._ ___ unlawfully: the peace and dignity ~ and fe- of the qo.mm.onwlth o.t Virginia. These are therefore, in the name of the Cor:nmo~wealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the -,_.....,. ___________________ ---------~Ro~-0~er~t~Forest __________________ Neff' _ Jr to answer the said complaint and to be further dealt with according to law. Given under my hand this __ l_7_t~ll~--- Memo. of Commonwealth Name Witnesses: Address �JUDGEMENT Trial Justice Court June 4, 1~48 Criminal Docket No. A 9 75 ~JC~qnduc:wiltlmlx~. Upon motion by the defendant that preliminary hearing be waived, it is hereby ordered that such hearing is hereby waived, and he is held :Bor action by the Grand Jury. Commonwealth vs. Robert { Arrest Warrant Forest Neft,Jr. Executed the within warrant by ar, resting and delivering the body of Robert before Forest Neft,Jr. ;l In Jail ~i 0 .... II> ':-' Fine , , , , , , Issuing Justice's Fee $ ...1 O.o ...... . Clerk's Fee , $ ...1...25-..... . Trial Justice Fee $...2 .•.00 ...... . Arrest and Mileage Summoning Witness $.:...,,.,,..,••nu, .. Witness Attendance and Mileage $·-···--·----·-········· Commonwealth's Attorney , , , , , $ ·····--·••·-..... Jail Fees , , _________ Total $.......•. 50 ...... . , o' .... 0..., this _....:l=5=-t-=h~--- day of CP ;.: () 0 3 §. "' "' 5· ,. .... ~-E-{ld~---··--sgt. Hg Police. ::, - '° Officer's Mileage 0 '"" Miles travelled by officer $ ....................... . , g_ .'ti. : , $...................... . Miles carried prisoner Total mileage ············--···· �DESCRIPTION Last known addm, __--1/1r- Color ___~--- --~ ___':}-__d__ Height__J:._-:__jj)___ OF PRISONER ----- --- ----- - -- --- - -- -- ---- ---- ---- ---- -------- Eyes-~-~---- Hair __~---- ---- ---~,r Weight_J_r_ ______ ~ '-4---------------------------------------------------------------------------------------- Marks _____ Age _________L_j____ ____ . hp//,.. Occupation____ U t-5' _ ______ __ _______________________________________________ _ _ Date of Trial ___.LL ____--,,-- __.:._?------- - --- ---- - - -- ---- ---- --- - - ---·---- - --- ---- ---- ---- ---- --- - - --- ---- ---Result _____________________________________________________________________________________________________ _ ��THE COMMONWEALTH OF VIRGINIA, TO T:fu;SHERIFF OF ROCKINGHAM COUNTY,GREETING: We command you that if he be found within that you take __ your bailiwick, you have his body forthwith Rockingham County, before said of ~- the Circuit not be punished of this court ;:~t And have then and there J. Robert Switzer, so Court of to show cause, for.his to appear in the F. Neff, this keep, , failure to summons served ~~✓ f case of Commonwealth vs. Witness, before Court in response upon him by an officer on behalf and him safely at the Court House thereof, if any he can, why he should to appear M=a.aa..r .... v=in=-L=o __ n=g...._ ____ and testify trial of the Jr. writ. Clerk of our said' Court, at the Court House the 4th day of November, 1948, in the 173rd· year of the Commonwealth. __ kl~--~-E-~....... P_.. /"f' A--~-· ............ __ ti' , Clerk. ~ 'f1 I 7 (f ?r G~ -:v0~ w.NX rn~ .u. f!:vt ~ ~~ ~~ ~ 4 • • /~1~ :5 ~ /ot. h- ,a~·h t ~ r%:,le~{-.. �I �Commonwealth of Virginia: To the Sheriff~ocldngham You are hereby commanded to .summon........E .....E ...... Mar.t.in, ....C.lar.e.nc~ County, Greeting: ... S.•.... Le.ake.Z' ............................................... md ...L~~.t.e.r...Higgs: ..................................................................... ,.......... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, l:L•OO "'"'~"''clock, a. m., on the ......llth ......day of. ..............Qc.t.o.b.er.......................................... 19 48 .., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... .......................... .ag.ain3.t ...R.OBEH.T ...F.O.RES.T ...NBE'.F..,. ...JR ............................. ·························-····· who· stands charged with a felony ,,,,;,Je,,,,,.,.iw. A~d this Y%_'Tlk:J,~~ot ,!!_mil,.. u;;.,,d,!;, ,..f?...,.enalty of :100. Witness, Jt-~A.,tfri&it-.&li&-~ day of. ...S.apte.mb.e.r THB SERVICE PLESS, HAIUUSONBUI.G, ......19.A:8, and in the ..1.7.' TA. And have then and there this Writ. at the Court House, the ....3.0.th....... . ..v..._-::,.i_,,,.- monwealth. �,., "t C: (1) r- 8 'tS '< a.... ~:!- COMMONWEALTH 9, .... 0 ~ ::s 0. :I. v. ~OBERTFQRE$TNEFF, JR. CA To October 11, 11:00 1948 at a.m. ::s i "t (1l 0 Grand Jury witnesses ? (IJ ~ l ' r J I I I ~ ' C: rr �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ......Dr .•.... F..•.... L .•.... By.e.r.6 County, Greeting: ...... W: ...Ba.llgb.er.., ..........Rai!:lon ...H.•....Long •....and ...J .•.... w ......S.tiU•Y-··-··················•····················································•······ 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 ..4.th ... day 0£.................................. B.OY.omb.o.r. .............................. _.....19...4.8., to testify and the truth to say in behalf of the Commonwealth against.·-···············-·-····················-········• .....·· ~ ..................................... B..ob.e.r.t ...F..or.011t .... !lo.t..f'..,. .... J.r.•.......................................................................... who stands charged with and indicted for a felony-mi~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness;+.aeBER: 'f 5Wi'f'~ER-,€iM1'hfflt'~mtrt; at the Court House, the......27.th ... 173rd day of........ Oc.t.ob.er. .............. , 19...48 .., and in the~ .........~"-,""'"° -=-THE SERVICE PRESS <-,. - monwealth. s·····1a·t-,.;t.-/ ---._____J �COMMONWEALTH v. ) Witness Subpoena ROBERTFORESTNEFF, JR. . ~ 0 fi fi i~ ~◄ 0 0 ~ fi ~ ~ l~ �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.....4th. day of........................... lfOY•JUP..@;r. ........... •.................................. 19*-8:....., to testify and the truth to say in behalf of the Commonwealth again ··························-······························· ···········-······························Rob. t ...F.or.o.s.t ....N.o.t.t., ..... Jr..•........................................................................... ,,.................. .,...~·~-·-··--··-···-···········-··-···································-··-··~·····-·······---·-······················-·································· who stands charged with and indicted for a felony rMMMMeMlMI And this you shall not omit under penalty of £100. And have then and there this Writ. at the Court House, the ......2.7th .. Witness, ~BeRi~6~:f~Ea;£-kr1'-~~~ day of......... O.ct.ob.ar. .............. , 19...48 .., and in the~ THE SERVICE PRESS 73 r.~e P--?""J-::.,,,.-:;....--- �COMMONWEALTH V. ) Witness Subpoena . ROBERTFORESTNEFF, JR.I To N6vember·4, 9..:30 a.m. J1 ·1949 at ';, • ~.. ~ ~ -------- C5 ~ & is ~ s ~ - --~ l " VJ gi ~ ~ $::I C ....; t) (I 0 •. �In the Name of the Commonwealth of Virginia: • To the Sheritf of Rockingham County, Greeting;...---- Yo~:~!:tG:;:..:~:;;:;o;~;~":!:tW=:d •• ~~•~·· ••••••••••••••••••••n••••••••••• .. ••••••••••••••-•~n•n-••••~-•••••-••••••••••• .. ••••••••••••• ••••••••oonnn•••••••••••••••••••••••••• .. ••••••••-••••••-••••••••••-•••••••• ..... •••..:.•• .. ••••••~••••--•• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the.4th ... day of................................. .B.ov.e .er·········-············-··········19 ...48., to ·testify and the truth to say in behalf of the Commonwealth apinst ..·-·······~....;: ..........,......... ,............... _.. ······················•············R·o.b.o.r.t ...F.or.o..$.:1L:thl..t1'., ....J.r.•.......·•····' n•••••••••••••••• .. ••••••••n••• .. ••••••~ ..... • .. •••••••n•••••• .. •• .. •••••••••••n• .. ••••••••••••--••--••••••--•••n••••n•••--•••on•onou••_.•- who stands charged with and indicted for a felony ..................... ,..... - ......... . .. •• .. •••-•••h••.••••--•••••..,.•••••••••.,....•••••••u•••••••• Ift~!lOOt'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, }':-RE>BER:f€Wi.:f~ER-,-Glel'lt~~'8M8'~~1!n\ at the Court House, the ......2.7.th ... day oL ....Oc.tober. ............... , 19...48 .., and in the,t~!:"d THE SERVICE PRESS ~..;;..;.~...- �!t ~ ~ s- }~ ~ f Th (! >< g COMMONWEALTH C: v. i ROBERTFORESTNEFF, JR. N- ~en ) WITNESSSUBPOENA To November 4, 1948 at ~:30 a.m. t:: .. ::l ~ ;6 ::1 g - < .... EXECUTEDl4-cf-J'IN THE COU ROCKINGHAM BY DELI GOP - ~ ..... .; 11'0=-•~;i;a:;a..a;;;:,;;z:;z:::rd:::s&::&.2.--- IN P..ERSON T -.c.....,, �In the Name of the Commonwealth of Virginia: to appear before the Judge of th~Eif~it at 10 o'clock., a. m., on the.,.kfhiy C01lr~ocldnghans t:./~ of. ...... County, a,t,)he Court House thereof, ................... 19.f!. to testify and the truth to '.:'~ ::''~'.::'!;;f',.;;:::;:c;;:~1:;;.:~r;:t '.~:.· ::::::::::: ::::: : who stands charged with and indicted for a felony mi,lhme1i11t&r;And this you shall 1Wt omit under perialty of £100. . Witn~ ROBERT SWITZER J,y of ••P././44;,.c.........194i., And have then and. there this Writ. ~.A.......... . lerk. of our ~tj,d'f}ourt, at the Court House, the .. ,nd In th, /:f"JtJ:::7~.d::!. .., Cl<Tk �I?~~~-,~ ~1i eP-Jd., �Trial Justice Criminal Court Docket No. ___ .....,....,._r: Com'th v. Robert A. W. Trial Forest Neff,_ Jr. Date Arraigned 5-1 ?-48 Date .; ~ M.. (<) b- t.f - tf? ~~P>r Preliminary hearing waived. Held ror action of the Brand Jury. �- � 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 Robert Forest Neff, Jr. Subject The topic of the resource 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 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_004 Jr. https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_013_commonwealth-v-robert-griffith-jr-.pdf 800ee9da6ed9b04e2a7be130465c131d PDF Text Text Comp. Form 18 STATE OF VIRGINIA No. _____ _ TO ANY SHERIFF OR POLICE OFFICER: Comnonealth's J Whereas, has this day made complaint and information on oath before me, _____ l_d_E_v_an_s ________ _ (Name) EACE of the said County, tha~-------------- (Title) ---~-~~---------G_r_i_f_f_i_t_h_, __ or abo'lt did or/the 12th r_._____________ 19 61: day of~__ J_l_y~--------, Unlawfully--'-' _ in the said County ___::.....=....c::;__;____:__.:'-"---=:...::::...,'-- lly k.now on arms, e d dignity of th These are, therefore, t~~kj~dltou, irginw. in the name of the Commonwealth, to apprehend and bring before the County Court of the said/ 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 ----------------L.J color ____ Address --------------- □ color ____ Address _____________ color ____ Address color Address -------------- □ _ □ ----□ as witnesses. l. tb Given under my hand and seal, this _____ day of______________ ~ 1961 (Seal) .J �STATE OF VIRGINIA-COUNTY I, . ____________________ OF _________________ a Judge of the County Court Justice of the Peace _, to-wit: in and for the County aforesaid, State of Virginia, do certify that as his suret _____ and---------------------------, to the Commonwealth ($,________ of Virginia , have this day each acknowledged themselves indebted Dollars 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 , shall appear before the Court County day of _____________ ~ 19___ , be rendered, yet upon this condition: That the sai,.,__ ___________________ 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 ___________ days 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___ _ Judge. J. P. ;. ,. ("') ...., ~ ... ~· 0 rr, ,.nX n 'O n o ~ ,. ::s {I) ~ 0. ;. 0. .... ~ < ?' s. ,. PJC:: {I) ,.:r vi' ,. ;. >4 11) PJ t:, 0 ~ >;:o ;:o 9 (') :ii-: (') z> s· ... o· ::s 0 a:: z a:: 9 0 z ...., PJ 0 g., ~ ;. ,.. ;:o ;:o rr, > ~ r:,:,I > t"' en ...., :1. ~ ➔ ::i: ::s oq :r PJ ., _,. -'° .... I n ...., ... ::1 ::s ,. 0 ~ ("') 0 ~ {I) C: 90 9 9 :i: ,. s· aq ;. ~ Es ,. ...., 9 a~ --r:rr ::s ~ > ... 0 ., ::s ,. '< 0 ::s ,."' {I) n;. § ..... ~ ., Es ,. ,.~ ;,;,. "' {I) ~ ;. PJ oq ,. > .,., ,. ~ b:l ~ >-:l ., E ~ PJ 0. PJ '< 0. 0 ..... C: 0. ., ., 5. ,. '< a 'O ., PJ ,. > :::: ,. PJ 0.. PJ 0 g., ,. PJ 0. .v, ::s ::s n • ::t> ::s n0 ::s ::s b:l '< PJ .., <: ::;· <: ::;· 0 s· 'O 'O aq aq F' F' e:. ..... s· 0 e ~ 0.. r:,:,I ➔ PJ ,.PJ .., er ,. ,.0-. ...., ;. ,. :r,. "' ..... g_ (') 0 ,rs:: en ➔ en r;io s:: .., 1:1 g 0 ::s .:;i ::.· ;. 0 :i: s· oq :1. Es ,. ,."' {I) (") 0 C: .., ... 0 r (") 0 C: ::s ::< {I) :i: ,. ,.., ,..., n 0 oq ::s ;:.· ,. 0. �i formation r 1th' ·t y a juv nile of a co plain him wit Co r ga . de t , ch th. offe se of r th tit old ubmit to a poly i G er by gr pp arin te be e; d ~t f rthor dvantageo for 4 ph test, d t i sub it her id y order id t ·, and J ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. that d ut or!ty i f r the d r my hand thi JAMES gin A nile Co gin"a 1961. �0 " WA.J TA AV Yl!HROTTA ,QRUSH08.i.SUU,H �h)19,1- ;~- ~~~~ ~/~ -F~ -~- - ~~-&~~- #~/ ~ ~~ ~ ~~~- / ~ ~ - ~~ �-r --- ���Culpeper, Va.,. Sept. 28, 1961 3:00PM (EST) My name is Robert Junior Griffith., I now live at Grottoes, Va. I make the following stat,.,ment to Deputy Sheriff R. H.,. Raynes, E .. 0 Peed and Inv. Co C. Bennington of the State Police so that the truth may be knmm... I have not been promised anything of any kind, threatened in any way m d I know that I do not have to make a statement of any kind. I make this stat9ment of my own free will.,. About three years ago I was living on J.,. C.,. Snido's place near Christiansburg, Va.,. with my family.,. One night during this time my wife was in Washington.,, D... C.. and I came in drunk al d screwed my daughter, Freida This only happened one time while I lived in Christainaburg. Then about a month ago, on a Sunday afternoon about two o 'cloak I was at home alone with Freida.,. Hy wife had gone to a church meeting at Harrisonburg.,. I had drunk a pint of liquor that Sunday and was drinking beer on top of it. We were getting ready to go to Edd's Park to hear a bunch from Wheeling, W.. Va., play country music. I started playing around with Freida I put her on the bed in my room al d screwed her. I didn't use a rubber or anything.. I don 1t know for sure if I got it in her but I come en the bed.,. I don't remember any other times this has ever happened .. If it has happened I just don't remember it at all.. I have never had anything to do with Brenda (my other daughter) My wife and I have sex like any man and wife.. She never has cut me off flrom it This s~atement has been read to me and I state that it is true aid correct to the verJ best of D\Y knowledge. I can not read believe in God•. d:1:t.--!ido RobertJ~~4 )~,(~r ;• ~1~ /4 J ,< ,, ·t;::« ��ve ber 24, 1961 Mr. Oeorge W. Kemper, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Mr. Kemper: We, the dersignad, G. G. Tanner, M. D&, J. F. Wine, H•• , mid alter • Green, III, M. D., examined Robert Griffith, Jr., at the RockinghamCounty jail. It is our opinion that Robert Griffith, Jr., doe know the natur arrl intent of his ct. Kr. Griffith appears to have an exceptionally low mentality but we do not eel that he should be committed to a mental hospital fo further obs rvation in view of his fairly obvious legal sanity. Respectfully Walter submitted, 8:: III, O. O. Tanner, M. D. J WFO/nm Attorne~ Court House Harrisonburg, Virginia 00: Mr. Janes R. Sipe, CC: • Bill Julias, Attorney 1st National Bank Bldg. Harrisonburg, Virgini r. Wine, M. D. M. D. �.£ I. t. • • �GRIFFITH, ROBERT,JR. rape �� 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 Robert Griffith, Jr. Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony rape of a minor 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_013 Griffith https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_013_commonwealth-v-robert-s-jenkins.pdf 6dfcb42b0378d29f5f042934ce76c2e0 PDF Text Text Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: of the· Commonwealth to appear be;re --~.J,,..../_day to give evidence V. The County of in behalf o Court of said County, c14;_,. d1 , e sitting of Virginia at Harrisonburg, to summon _________ Virginia, 111 _ said County, 19§.1__, at the hour of___..J_..,__._{R...,___,~~.___ _______ on ·of that day of_~_,.,._.._=-'-"=---------------------------------- Given under my hand this, ____ "~<a~:' ~oL-~~-day 0£~-~---~-~-,c_.~---, tU_L~ 19~ ., ,a-. Asst. Clerk 6-56-SM-Garrison �\~ - po ~ (I) 0 'u er C: ff' I ;,;-- ' (") . .._--@- ~1 0) i.O 01 - l-:> 00 t I~ ~ ; (I) n 0 t:1 r..n (I) en en g· ~ ... t,-;- ....... ROCKINGHAMCOt1NTY 'n ROCKINGHAM BY DELIVER.RlG A TROE i:.LECUTEDt-21-i '2IN THE COUNTY 01' ~ 1...,,, �TRIAL JUSTICE COURT Criminal Docket A N'? 22632 t Com'th (' " v. J?+lJ- ·o~ Defendant 'fl.. J>lAppearance Date I Trial Date / ... ~ ~- ~-~- .2... (- J- ( \l- / --n ~~ ' Q_: f.11· ��Comp, Form 18 STATE OF VIRGINIA OF Harris onburg City TO ANY SHERIFF OR POLICE OFFICER: ~ I No.,_____ To-Wit: G_e_o_r....::g;___e_G_._S_h_ip_l_e_t_t ____________________ Whereas, _______ John _ G. Leake has this day made complaint and information on oath before me, ------------------- Justice of The Peace (Title) Roberts. ___________________________________ 16th did on th~ ____ co'llpensation Virginia, certain a license birds, 1950 ~ode of Virginia, (Name) City of the said Gmmty, tha.tL--------~-~~--Jenkins Rockingiam _,·n exhibit , 19__56 : Unlawfully _________ October day ot without _ as required by Section snakes and wild animals County for _ 51'{-272 of the 1950 Ccxie of ~ in violation again st the peace and dignity ~ of the Section 58-271 of the Commonwealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Rockingpam f j ill )b[A Court of t~d 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 --------------- □ color Address ---------------□ color Address --------------- □ 'j as witnesses. Given under my hand and seal, this,__ 1_7_t_h_ (Title of Issuing Officer) JUSTICE OF THE PEACE (Seal) �that ,,11 and __ ,,,_✓1/_/"✓7-_::,_.__ -- // to the Commonwealth J ($ ',1 ,:5v be render~, <· =l_r~_-_.J ___ ·.,,..~v 1 / ' f.._,.•·_,_,.,__,_-;""'"'""'"~-~,_·•-------at hi• 1ur~t of Virginia in the sum of C, ,,-/<.TI. /fACt) t) .~ ,, tf/e have this da_yeach acknowledged themselv~ indebted _-,J,,! ,"'-'&( - , ~rr.... Dollars ;•~,L-.'.,.,!-~/,,,t{Jf,{._7!,._' c141/ (- V~' -t:1./ I > w I ), to be made and levied of their respecti.Ye goods and chattels, lands, and tenefuents to the use of the Commonwealth '} yet upon this condition: That the I 7 P1 ., [C?...; S3id to / s· , shall .- .,_I;1,. ./i':?/1,r:/!7 Ti8111l!III•• appear before the Court of ,/[Oc,{/11cd(?:1?1z ·, County,onthe /4./,.ZZdayof L)Pr.,, Coun~l9~ at ,,Z: 1." :i at ,, ,,.., • 1,.,, ~_; ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereaft ving or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and sha 1 not depart thence without the leave of said court, the said obligation to remain in full force and effect until he charge js finally d!sposej ?f or until it is declared void by order of a competent court; and u1>on the further condition that P Yo, the said • ~ ., /j_;, from the date hereof. Nonappearance shall Given under my hand, this __ •I 1 shall keep the peace and be of good behavior for a period of deemed to constitute a waiver of trial by jury. -n-:1.6 ....,._,__ ___ - ys day o~-----------...-------~ eJallP. t::/" < !" '-~/ ~ f~ \ ~ z.., o' (1) ~ !l> ~ 0 @ • > 1-i c+ n > ~ ::u 0 (/) "rj c.., ~ ~ (1) ... .., .., 0 e. "rj ,.s· 0 f. ~ "' r: Q B !i g Vl a 8 a i.. I 11111 ::r .. SI ~ > g ,. :, i ~ i • ~ ._ ~ .. "fl ~ .., en 1."11 ► ~ ~ ➔ c..., ~ I:"' = ~ ... :,, ::s ~ ir:: ~ ., ;: DI £1 0It ., ~ ':l It .. t:1:1 ~ .., ., E "' it i.. ~ DI ;::s .. ~ II> - '< 0 A, 8 ➔ iiC z !!C p ~ :, A, 0 :ii; l"II z ;-;- U> ,., ::r •., n 0 :::, ti1 ~- < ::;· - < ::;· 0 ~~::s j.i" :, ~ "' '0 '0 .iu· ~ ., .. II> 0It o' ., t:1:1 - It 1-i ,.::r ,.:r Q,. e: 0 I 1= !. :s tq .. 0 ::s ::r !. !•,. .. -.,- .....g n0 C ~ It It 0 vI 6 \ r V..o t:I 0 g C ::s ~ 0 i,. Q,. -y �APR Docket No. 33'/ 2 . I COMMONWEALTH of VIRGINIA ) vs. ) Misdr. (appeal) by Atty. for Commonwealth ) ROBERTS. JENKINS George S. Aldhizer ---------------P• Own - 1958 (X ) Appointed II d. ( ) I CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �\ Keystone Envelope Co,, Phila., Pa, ' �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: Commonwealth Memo. of Opinion V •) Robert S. Jenkins After charging acquittal the exhibiting for compensation Title of certain without in revenue a license, application Section 271 and 272 of the Commonwealth appealed, birds without a jury, as to whether or not the statute in its under Sections as 271 of Title operat- for a fixed by the parties on the limited mentioned such an enterprise publicly and reptiles the case was submitted Court for decision, and wild animals the accused was in fact of tropical of admission, snakes, cases. Conceding that ing such a display in County Court on warrant birds, 58 of the Code of Virginia, is permitted price of defendant question to the of law is broad enough to include as a "Snake farm". 58 reads as follows: "No person shall, without a license authorized by law, exhibit for compensation any theatrical performance or any performance similar thereto or any panorama or public performance or exhibition of any kind***•" In addition theatrical statute public performances also expressly performance to providing expressly "or performances subjects or exhibition for a license similar to such license of any kind." - 1 - thereto", tax on the "any panorama or �J I 1 . / �There can hardly or animal exhibit, usually so operated, accepted licensing itself relate word. or expects attends for the purpose a snake farm, bird an exhibition "Exhibitions", only to entertaimnents is the principal derives that constitutes meaning of that ordinance, hibition be any question to derive thing, profit within the as used in where the ex- and from which the exhibitor - a place where the public of seeing the exhibits. 3 Words and Phrases 2584. The operation restricted by an application the rule larger of such a sweeping clause of "noscitur intent of the maxim "ejusden a sociis 11 may be gathered. theatres, and all Held, was admitted accused, to include for fixed race track provided other races, exhibitions who was prosecuted for a like v. Com., 81 Va. 240, the violation, operated for which there was an admission charge of ten cents titled each admission to the privilege of skating, application conducted court if rink attended skates were hired as spectators. (3-2) Held, the Harris of such license as a public for to which public rink, a divided of price. case of Harris who did not skate, a 148 Ill. for licensing public for horse In the Virginia charge of ten cents nor by Webber v. City of Chicago, ordinance shows, amusements, generis" where from the whole enactment , 313, 36 N. E. 70, where city gain. is not to be law, because performance - 2 - a skating that with an additional for use. Some visitors, The majority rink was not within opinion the it was not shown to be or exhibition. en- of �., �If the first the skating spectator ten cents privilege, in the Harris case did not include but merely the privilege the amateur skaters present, and, as such, as a I have no doubt but what such showing would have been held to constitute mance or exhibition of watching subject a public perfor- to the license tax in question. The accused charged, and fined is accordingly Fifty May 16, 1958. - 3 - found guilty of the violation �. \ �V ' - IRGDill. 1'111.. ::"'J.t P. . E, i CORP v. 0 -...-I l ,.. -O -l __ oth of t· c o involv ubstant lly tlm r- e n l :w ounty ra on eduet:ti· of • rc1 , . re s IjO que"' • on that ui , r D 01" C" • • l rofit 0 b:tr f Ti s by t hich y • b totru.l • • t to no ot nd 272 ·11156, ad ••inot • i t ic ts. that �• I I' I • �it 'We , ta tu a r • !..si . ua not • e in r 7 of t !hop Codo rpri sin ..A:: n of vi e ·t1e oth of . t 0 , ode .• i o t on, rticl ~ re incl • d in t 3-, Po 93. w.: c·.1 roul ti alte1 ru.,. In t1 f. ct d 1n tm ..- proc d- ing • ' llcen"" n tho cal rforma:nc, 1: 0 ct, t. lie nsin o • 591.!, find • di to 1 toll quire nt or �I e • • ... �c..S ould 1n que ti v, 'been and. ., • nd no under (tcts l q, )., dad s to ti._ ...91 .,: pert ... nt por ,rior t c:iro rated in e ... ~unct··on wi • rpria s. •1 p b bl 19 0 a volvtng ro :ion .:.o t:.i'.at al oos no m naeeriG o 1g. -wtJ • to t te 1910 ct, n ,, or t no co Could it inc de • l wre by its e:xcl • Ol or in opcmiont urpose s oonc iv �11 • :I I • I I �t xt. - lJ' nlike e, &b ote].y a.kin t0 s • out tor ap ..eial t t gory t.mnt n .. f .o of 1 t9 l Ciro but tro, t. r lininati m r., ciru. r lLlt.'ionship to lioo ., cl ser in vim o+" tl. ct.as which it h T y to t prob • le 10 pro le 1 5 -271 an 276 $ at le s ., ctor. actirl.ty :,usino t'.. invol • om nnd c -~ln1ned th-:: ab o'-" kind or ao o the (27 ) T.n oth seo .ons n wh volved c di.on y, a or hi ?<C ncs • chL 1n t oo 1n"' rlooutor or loo co of tha 1gnif'1c Donn o ·s displcycd. eht ncncai str- d riee in T d oens t C of l; the ord n 1n. i,ct.rlstics construct on Qf ll otetu n t 1y include citio o not any 't.'ltU dor nm c:1.tur a 00011 • to l s tut - 6 -1- o,.. C " llr;J tr t t se of i t tion d t ·r1nc atrict. constrno'io y y lt n 0 to incl· b ., "oxhibi 'one 1n eaoe dint ly int lo or rine or all un �• • • • �ert .inties cifi fen,4 lo in favor of the ally ts I 1g. d scribed bu su· .jects ne":"es e e l ve tlheth r i::ten, al the usi de - ng no d that t e word p rfo a pan r fol- ance is u~ d soes subject to licens; " uhich requi 'e.xhibi tion of ar.iy kind" d c~ or. instance in th of the in bse .. :nee excep If t' sho ld it to determine to be included the sentence de cribing i a perfor quires i.lpecial scrutiny of the st tute intended In th!.s connect· o four tin ef endant i u c ntem lated tion b of .o c .., no omethinz closely quire kin- durin~ t akin tre a performanc exhibition it to. or at leas i t - only the s· tute. op~ not i .c:::.d d • n those s r. th on t tempL tcd unde,. t nt licenGing statutes u 1.nes es are in questi ~ and I -w:ill ·l'l r JUdg:,.en., of net G'U.il, r in each p-o.,ecut:ion. have not cit 1 bee us of their cifically Irules and d any a: thori ties univer in p int, f o.. t and unque,r'· ioned wh ch I have enunciC'< te -cogni t on. There are no Virginia ut., of cours , , . xims of con t 'ction llhich hav b IJ Ji.arch 291 pri.nciplee ie 1957 -S- y hich unan • o , ly support n appli d. ge of the :-1.rcuit Court a:t: Shenand h County t �I I I �VI GfNIA: IN THECIRCUITCOU T Of co HENANDOAHCOUNTY ) ) ) ON EALTHOF VIRGI IA ) Appeal ) ) v. m Sh nandoah County urt ) ) ) ME 0 DU OF UTH ITIES 'J'he Virginia Live Fur rorad , Incorporated, a Oeloware corporation, admltt to do busln business on in Virginia, 1955 ond 1956 mointaine o d op-rated a place of . S. High ay No. 211, east of N w rk t, in henandooh Co1Jnty, Virginia, wher 1t kept In captivity, pursuont to a p rmit issued by th Commissionof Gom on· Inland Fisheries of the State of Vir9infa, ame birds and animals. A copy of the permit under which c rporation was permitted to hold such birds and animals in captivity wos filed with the urt as ''Dei ndant\ Exhibit A'"• It will be recalled that Mr. Alfred 8. Elchfeman, Treasurer of the corporoti n, testified that this was th first such permlt to I sued by the Commission and to the outstanding. t of his knowledge and belief the only one now It will be further observed that the permit authorizes the holding of gome birds ond a e ntmols In captivity only un er the followin conditions, inter alto: 11 (1) Game birds and animals exhibl d only by on individual or a corpora tfon incorporated for the specific and rlmary pur se of educational in scope. roting o uolity animal exhlbl~ (itallcs o.urs) 11 (2) That all lndlvl uol Virginia school chlldr n under the age of twelv and all Virginia rganized youth groups, such as Boyand Girl Scovts, school classes, Sunday School groups, etc., appearing as a group, be admitted free. • • * WHARTON,ALDHIZER & WEAVER ATTORNEYS AT LAW HARRISONBURG,VA. 11 (5) lhat the exhibtt include reprei ntativea of all mafor animal groups, such �:> T ............. j ( ( ( t f r 513:S:IHOJI\,1'10TflAHW qJVA3W ,8 V/AJ TA 2Y3~fl0"TA .AV ,cl!!U8110alfll'!AH �r rs, grozln and fu wsl animals, comivors, and orsupla a, but no reptJI . inst 1h Virginia Iv Fur warrant t, 19 , lnc:orpora d, io I at th r in vi la ion f ibi Jon buyo II In that the a Ii sabl tion 58-271 of th ta. f om a ci io of th warr nt, th m e c nando h Coun y Co rttying the war11nt, which nw ol th of Virginie,op I. THELA QUESTI N follows: law ati r an ·t for comr any rf u • a uni s r r than ectfon x, for ay, e o w k. For ir. shall yo fine of not I s I"$ for each offi ns . " any e c., o rth the amount of th t eotricol performonce, be consi re in crrivin at them i o the ~ • lhis s ctlon t l lows: tricol rJ rmo or ny y noramo or pubUc performance or exhlbi ot nt, chorita I every th r ormru'lrnsimi - or annual tax of fi an an I I tax of two bu no tbal I or In rm WHARTON,ALDHIZER & WEAVER ATTORNEYSAT LAW cttons ng aarnesof footbal I , I UQm~ • , -271 and 58-272 011 al t identical to th provl ions of 593; th law HARRISONBURG,VA. -2- of th tsof �I r fllllHOJA .lllOTl'IAHW fl3V/\3W :5 WIJ TA2Y3VJIJ01'TA .rw ..>llUBi110a!f!11AH - �the ·embly approve April 16, I Acts of the , os subsequ ntly re•enoc d by opt r 396 of the mbly of 1924, and subsequent amendments. if. C TRUCTIONOF THELAW Al though the prosecuti n Is n a rev nu law, yet it Is a pena statut and m t strictly construed like other criminal lows. uA revenue law impo ing penahi for Its violation is a penal statute and ther fore is to be strictly con tr d, and man is to be subiected to its penclti unless he comes clearly within th pirit and lotter of the stotut . " 17 . J., Stotut s, Section 66. 'Penal statutes or co tru ~d strictly against t e 1ttate and favorably to the liberty of the citizen. It fs a rul of ganeral appltc.otlon at such ,tatutes are not to e xtendad by const vctlon, but must be limi d to cases cl orly within th languag u • Ev ry case charged as a violation must co e within thQ i i"ter, spirit and pvr s of the statute. And a p nal tut cannot be exnded y im'"'Ii cation or eonstrue ti on. It co not e ma to mbroc . c es not within the letter tho gh within the r ason and licy of the I .,. To con titut the offens the ct m st both wit in the letter on irit of the statut defining It. * • * 11 The basis th rule of strlc constructf n i f. unded on th tendern s of the low for th rights f individual and n the lain principle that th pow r of unishment is v t d In th le islatur and no.,.In the judicial er,Qrtm t. * * *" 17 • J., tatutes, .. cfon67. To tatutes Strictly Construed 11 law, imposing taxes must be construed strictly and most strongly again t the &tote, and all ub m t be resolved in fa r of the taxpoyer. • * * 1 Taxes ar nev r held 1o hav been im ed unless by express statutory ent r by necessary impUcation therefrom. Th intent f a I gi$ otiv y enacting a tax law must be found ln the longua e d. * * * Thus,tax o w ys to ' nstru d Ii ra ly in favor of tm· y ran th y ar tended by lmplicatfon. Tf th r is a substantl I doubt It must be in favor of the taxpayer. 1 1 nae It is o itted tho in ts case no th atricc.J! rformonce or norama or pu 1ic w yin rfonnance y kind i 9iv n, and the only held lia I for the tax would be un r the words 11or xhibitlon of any kind . ebs r's WHARTON,ALDHIZER & WEAVER ATTORNEYS AT LAW HARRISONBURG,VA. w llegicte Dictionary defln the word liexhlbltion ° as �t fl;J!l"lOJA .~OT>iAHW 5'13VA3V,8 - W.U TA ~Y3~~0TTA ... .AV ..>RUBl'IOW!flAH �"(1) Act l0$tan e o 0$ fart, • (2) That which Is exhfbtted. (3) Any pubJ;c di1play, xhib ti anufactur , <:ommrce, or f It appeo obv·o ex. I t ion to e I c, h pr vis ns of the statu s n ' 11 p IC "I subiect. g ri fly, this pv Uc" m t a bUc: xhlbfti n. rn ~ were not e held that skati 'ic m y were conduct d s as tc be dead or ex'. ibitions ", h y c In .his 0 ECISJONS N THES JECT. i ihe act requlri xhl i tion~ and nl adie tiv d that thi , r the word 11exhibltionri, so that any Ill. rl i flnltlo , and that rformanc m s of skUI." isJ tur cou d not ave int s c:hon OF,;piy:o anything of suGh rood n at$ ~ ur. th I not properly ro act. pr .,crly he!cl that -nal ., i-rietly and or never t be ex nd db im,. ication, and q of Chief Justic u d ted wL a e opinion roval v. muc.h I f, r the ucflon i J5, a d fve . It is he pl i t in th • ued strictly, ts, perhaps, not on t'n tender f the a that the power of punlsht. ** * ,t • would h crime Jch i- afi . RJf, in the udg circumstance , • n, tt is compe an nly consm , This statern nt ap wHARToN. ALoHrzER & WEAVER of the I gislato o Hcens tax s uld lat r , of c:ond , by alterin o tl g rink for th statu , so o- octly iu I 1 • flt th instant c • fd by TheVirgi lo Liv ATTORNEYS AT LAW HARRISONBURG,YA. -4- d ff, in the me t �) t fl3!1HQJA ,l'!OTflAHY/ ~3VA3VI :S WA.JTA 2Y3m!OTT .AV ,il!IUilY.Oi:IRRA!-1 �for the prlvltege of conducting its busin ss, it is compe nt for that body, ,an- on y for that body, by oJterlng the statute, to so The Horris c has vlde. n followed and cited "n a number of su evyin taxes on c tizens ore construable most stron Jy against the government and douot s oul rel lcve the taxpayer. lhi pfni n carried the fo I wfn uototion from Dworrls on tatute , ·d. 1 tt is aw H settled rul o low that very charg upon th subfect m t m d by c ear and , na, blgtJOL1s language. Acts of Parliament which im sea duty u n the public, wil b critic fly construed ith reference to the ticu or longv ge in which t y ar expresse • hein t r is ony ambi~ fo ,nd, th c truction m t in f, r of th public, because it is a general u e at when t e public ar to 'e c ged with a burden, th in ention oi t is atu to impose thar ur en m t ex icitly an stinctfy shown.' warris n Sta u • , 255-7 Y, • • I . 1 n th reve ue aw where c avses infl icHn pains and . nol ti or om t t ly ot bscure y wor d, the interp totion is ever in fa or of the subject, for th ploJn r ason that he t gisla re is ever at hand and expfains i o meaning, an to xpress more ct arty 11 t ,ee1. obs reiy • pre rJ.1 w.arri$on Stat tes, 51, E '. I,' 5. 11 ' 1 0 Va. 366, eld thar lows imposing q Ii nse or the meani g or cope of such laws are tax or: strictly con trued ona ol resolve ogalnst th g.:>vermnentan in favor of the citizen. Kio v. buyin o pa d r's lieens ore t offlrrned earlier deci i ns f the Court in sf· ting that in for nu I w whi h impo es nolties for its vi lati n no , a,, c is conc-rn d, it i o d to its l 3 Vo. 63, the Court of Combined Sow ond ATTORNEYS AT LAW HARRISONBURG,VA. nohies uni h rly within th s irit an Jetter f the statute, ec?nyv. WHARTON,ALDHIZER Ile WEAVER nal stotute of the opinion) • rp0rotion wft approval the caaes v. Commonwealth, Horris �.v r I I ... 'I I, I 513 IHCTJA,:IIOTS'IAHW ~l3Vf..3Wi8 WA.I TA ZY3~~0TTA .AV ,.>ftUl!,IOWUlAH �v. mo"wealth, au • -.~,.,....,.,nweolth, f37 Vi • 26, whfc:hInv lved th convletton of a sec;on of un r th Sto ffe fbitlon act, sta ft lbltion law, t pr tnQt rther tot t, In fng v Cl pe tha a m t clont stn tly , ,totute cannot b . It n a ion or lett r t ugh within th t wit in t Ucy of the low. th nsthv within th th oc and pirit of th s tu tend that o d m t s w t at the Vt,'OrC>fth a to d that o istinc y nvlctlon can be ha if the ul , ual y copab e of o ere Iy t I • The Co t c nolty. Th that ust be both , 52- , held tf a th du of th cour Said t, Co rt: th ibi io urt cit v. I v. noch v. 141 Y, • 411, la much nftl a ut th low ri ino , , at I t in f ut fit of It, for h pe lo cour, th flt fa r bout th focti. • J tJce E , in his dlss nti opin·on i 156 Vo. 1015, 10 l, aid: WHARTON,ALDHIZER & WEAVER ATTORNEYSAT LAW HARRISONBURG, VA. bt - ... v. . nab doubt �fl':!"!IHOJA,1-tOTfl/\HW 1'13VA3W ,6 w,J TA ZY3~HOTT, .AV ,QffU8~0clf151AH �"J Kl n Im, 103Vo.. , 9 S. E. 655, 656, Buchanan, J., ays: •Th~ f niv rsale, except wh r oth rwise vi d by statute, that nal statutes are to be co trve strict! y, nd or, ver to ext, nde by implication. Thisrule a pile with full force to a e like th nt, for v.hil the statute on which th pr ecution is d Is revenue law, y t in so fa it i po, .. penalties r a vi lotto of i p v1slons, it i ape ol statute, and must be c:o t d a r ·ng y.' In dis •JSSing fhe rule of construction pp ieobl to reveno s tutes, n the In r tation of Statutes, section , p. 1, soys: •The proper rule ~f'\IN'it-.ly is, pointed out by an minent wrter (Bi hop), that, in th oeoomplishmentof eir imory obi ct, the mere coll ction of dvties, proport onote contributions io th public bur en, these nact ,,ents or n.ot to be c:onstrved with th rigid strict opplfc bl to penal Jaws; but thot, so far as th y c te erlme , they re ut the stti¢t construction of sucl laws. 1 11 1 IV. CONCLUSIONS. obvious that the statute ended, was not intended, quently esigned, or written so the fen nt, The Vir inia Li e Fur Par of statu • dude nl y theatrical act r .public petfo ance tok it ortginafly nocted and a., sub to tnc u roted, ft obvfo~ ly , lnco the operation of ing th intention in which a forman flnit; place. A strict construction of the tutute being r ui ed, nnot be tr tched to lneh.• things whi h "Were not vori in existence and which not v n thought of at tim of the no tment of the statute. (2} hat ec:tion 58-271 of S ctfon r $0 inte ded is further bome our by th -272, which 055,esSl::s 0:tox of $5.00 r each · ovisions rfonnanoo, or $15.00 for each rformonce, or a an ual ta of $500.00; provid· thot In wnsor id 2.00 fo rformonc , or an ctnnual ch rformance, or $6.00 fo of $200.00. Obvio ly the omo t , t e giving o Ht ra reodin an such other performance in conn cti rewith. It not mfg t r uir th putting on of an act or xhlbUion ig d to tnclu ratt ns of The Virginia iv FurParade, Jncor rated, sna e anns, and other attractions w'l'lich ome into • WHARTON,ALDHIZER & WEAVER ATTORNEYS AT LAW HARRISONBURG,VA. -7- tng �5'13:S:lHOJA110H!AHW Sl3Vl\3W :8 WAJ TA <Y311~0TTA .A ' .>RU8;<02l!lRAH �(3} E n tf th statute rati ns of a uch h to ver th uld, ev rth that o rated by the u. rates, filed road I f poyme o now writ n (i toll cs Our$} t n e .hI it her in, ch r es ' quality eribes that 'all individual Virginia sch J children un o roup, (4) ft mf t well cqut d to pay a r how vor, d ell Vir fnta or9oniz d covts, school classes, Sunday ""choolgroups, tc., y and Gtr appearmg oft th t def, ndont and others • noble Ii e tc:,x for opcroti rating slmil r b lne g a b • ine , i Vlr inia; y uch tax iL s I ly with th I islatu at th rrant nt ul di iss d A II ti uilding urg, Virginia, Attorney for ir inia Liv ur orod , lncorporo d _____ ; I SI. A WHARTON,ALDHIZER & WEAVER ATTORNEYS AT LAW HARRISONBURG,VA. -8- Virginia Live Fu lncor ra d �( f!3:S:IHOJA,\10T51/\.HW Sl3VA3W ,3 W/u TA 2Yl,li!QTTA .AV .l,lSlUBIIOWISIAH � 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 Robert S Jenkins Subject The topic of the resource Selling without a License Description An account of the resource Defendant charged with selling animals without a license 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_013 Jenkins