3 20 49 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_016_073.pdf a142c4f810b46d087d6376c747c444a5 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v. John Deane (Dean) Date A point or period of time associated with an event in the lifecycle of the resource 1866 Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder. Publisher An entity responsible for making the resource available JMU Libraries Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Contributor An entity responsible for making contributions to the resource Sydney Ring Megan Pullen 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. https://creativecommons.org/publicdomain/mark/1.0/ Format The file format, physical medium, or dimensions of the resource PDF Type The nature or genre of the resource Criminal Identifier An unambiguous reference to the resource within a given context Ccr002_016_073 Dean Deane Shiflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_016_038.pdf 26300e03a56e85334e8cd0dd00f3c9ee Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v. John Dean and John Coleman Date A point or period of time associated with an event in the lifecycle of the resource 1865 Subject The topic of the resource Felony Murder Malicious shooting Description An account of the resource Defendants charged with murder and maliciously shooting with a gun with intent to maim, disable, disfigure, and kill. Publisher An entity responsible for making the resource available JMU Libraries Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Contributor An entity responsible for making contributions to the resource Sydney Ring Megan Pullen 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. https://creativecommons.org/publicdomain/mark/1.0/ Format The file format, physical medium, or dimensions of the resource PDF Type The nature or genre of the resource Criminal Identifier An unambiguous reference to the resource within a given context Ccr002_016_038 Coleman Dean Shiflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_016_015.pdf bb2a38c01fbcb8f97bc41be2fb0a64b3 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v. John Dean Date A point or period of time associated with an event in the lifecycle of the resource 1860 Subject The topic of the resource Trying mares with stallions in view of the public Description An account of the resource Defendant charged with trying mares with stallions in view of the public. Publisher An entity responsible for making the resource available JMU Libraries Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Contributor An entity responsible for making contributions to the resource Sydney Ring Megan Pullen 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. https://creativecommons.org/publicdomain/mark/1.0/ Format The file format, physical medium, or dimensions of the resource PDF Type The nature or genre of the resource Criminal Identifier An unambiguous reference to the resource within a given context Ccr002_016_015 Dean https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_017_048.pdf 0494b3bcfd9eb2f9cfbff60baea4fc71 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. William Dean Date A point or period of time associated with an event in the lifecycle of the resource 1869 Subject The topic of the resource Assault Description An account of the resource Defendant charged with assault. Publisher An entity responsible for making the resource available JMU Libraries Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Contributor An entity responsible for making contributions to the resource Sydney Ring Megan Pullen 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. https://creativecommons.org/publicdomain/mark/1.0/ Format The file format, physical medium, or dimensions of the resource PDF Type The nature or genre of the resource Criminal Identifier An unambiguous reference to the resource within a given context Ccr002_017_048 Dean https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_022_025.pdf 5d9b5db793b80ee84e70c3903fd36c58 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. James Dean Date A point or period of time associated with an event in the lifecycle of the resource 1902 Subject The topic of the resource Sell Alcohol Minor Description An account of the resource Defendant charged with selling alcohol to a minor. Publisher An entity responsible for making the resource available JMU Libraries Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Contributor An entity responsible for making contributions to the resource Sydney Ring Megan Pullen 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. https://creativecommons.org/publicdomain/mark/1.0/ Format The file format, physical medium, or dimensions of the resource PDF Type The nature or genre of the resource Criminal Identifier An unambiguous reference to the resource within a given context Ccr002_022_025 Dean https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_007_commonwealth-v-lawrence-dean-and-floyd-shifflett.pdf d2ac95a7fca52425c31bd8e9cf6afe11 PDF Text Text Motions made during the afternoon of Thursday, June 17,1948, in the matter of Commonwealth vs. Lawrence Dean and Floyd Shifflett,--which motions were made in the Judge's Office, in the presence of said defendantso Mr.Hammer: Your Honor, sustained case, please, matters morning Your Honor during action a mistrial was taken the absence jury which had been impanel}ed ' I . our motion to declare on the ground that certain this on the-se- in the case~ on of the accused. The was in the box, and has been dismissed • ,~ .There has now been a new venire summoned for the trial of th.e-se case~. It is the position the impana~ling ready of a new jury will committed. the absence of the defendants The indictment of the accused. upon the amended indictment. defendants returned two arreignments, by the grandjury, The action of declaring a new jury, to declare there voidab.le. by the grand defendants jury was sustained. morning, they were arraigned indictment, in our opinion, although The action was not a void act, and it and impanelling our motion of the Court but, appears between the indictment and the indictment in our opinto us, that returned as amended and to which the have pleaded. move Your Honor to quash the original and the amended indictment ther, amended during one on the original a mistrial, variation We, therefore, /,. al- Tb.ere have now been for these It would now appear, is a material the error was originally On this case that and one on the amended indictment. in amending the indictment ion, not rectify does not remedy the situation, a mistriAl in this to dismiss the venire for the foregoing summoned in this reasons, case. , and, fur- ��whether The Court: In the Court's the Court's action in overruling sustaining the motion to strike indictment was void or voidable. was without counsel any effect moved for a mistrial on the ground that void, and when the Court sustained he sustained everything, original starting and effect. It from therebn, time is that original the arraignment said plea several of not guilty. motions it was an il- motion it is the Court's a mistrial, to the and the situation we are proceeding on the of the two defendants ·.d1erefore, of the defendants by counsel. felonious thing Your Honor, please, on the ground that offenses, the ------------ Mr.Hammer: several thereon, the Court overrules -~-----------the indictment opinion, that of the demurrer is annulled, of the case~ at this it defendants' the defendants' with the hearing indictment, was void, and was, therefore, the motion to declare indictment, and their action to the defendants, and of the original If it was voidable, act, after parts If said legal then became of no force it is immaterial the demurrer certain at all. prejudicial opinion, one a charge assault, it to demur to embodies two complete of co~iracy and for the further as a conspiracy we desire and the other reason to commit felonious and that assault, there of is no such under the stat• ute. Now, Your Honor, please, dictment, without waiving our former objections, Lawrence Dean and Floyd Shifflett together for the purpose jury upon H.E.Taylor, disfigure, disable, we move to strike with intent or kill, the charge "did conspire of committing from the in• and confederate an assault and bodily him the said H.E.Taylor and in pursuance that of said in- to maim, conspiracy �f �and confederation"--. We desire that that portion of the indict- ment be stricken. 1 The Court: indictments the offense law it is an offense is the Court's indictment, charging two offenses. that if that and distinct part of the felony for conspiracy assault. However, at common the present indictment the demurrer stated offense, is. a felony the motion to strike is overruled. above, is merged It is the referring does not charge a sepa- of inducement in the indictment. to or a ·there- is overruled. Mr.Hammer: '1'o which counsel for the reasons assault, in the indictment charged It is not bad as charging but is a matter actually act. in the indictment, the indictment any language authorizing does not to commit any illegal any is charged for reasons rate statute the commission of a malicious and that opinion the Virginia cases to conspire Therefore, a conspiracy, fore, specified opinion the felony, that of malicious and the conspiracy, Court's is true in certain include into It heretofore for the defendants except, assigned. Mr.Hammer: We object 3 the charge although felony, turned position does not embrace therein the charge of conspiracy on proof and conviction, an indictment, charging of the accused a conspiracy ~elony to the charge to the charge; that to commit felony, therefore, embraced in the charge the elements that of conspiracy; may be merged in an indictment after the grand conspiracy this jury without the element to the jury for the reason jury. jury has re- and a felony, it is the could find them guilty convicting them of a of conspiracy should be of for ��__ 4 ... The Court: referring actual and that (The Court has already to a conspiracy allegation that the indictment the objection in this to the charge anything committed a felonious only the felony.) the assault Therefore, is overruledo Mr. Hamm.er: The defendants, ruling that ind:btment is merged into the accused charges ruled by counsel, of the Court for the reason object to the aforesaid. ------------------------------------------------------------------ ��l. ' Mctions(in said case of Commonwealth vs. Lawrence Dean and Floyd Shifflett) in Judge's Office Friday afternoon, June 18, 1948, just a little while after going into said Office, after court had been adjourned until evening. Mr. Hammer: Your Honor, please, in this heretofore assigned case to declare in the opening sire, Your Honor, please, trial in this in regard instruction that evidence to the jury, his evidence at this time desire of Perry of this for the reasons case. We also instruction Bailey, that that Floyd ~hifflett shooting or of assault of which was to warn the jury for the reason was guilty and battery. out motion to strike the evidence Dea~ for the reasons heretofore a mis- it was a singling to renew our motion to strike evidence de- of the Court be viewed with undue caution. the case ~s to Floyd Shifflett, fully a mistrial the verbal the effect should to renew our motion ~o renew our motion to declare case, as,under to the we desire the evidence that there of unlawful We likewise We also was no or malicious desire in the case in regard assigned in to renew to Lawrence and to be assigned more in writing. The Court: Gentlemen, sidered, and overrules all all these motions have been heretofore and the Court adheres of said motions. to .his previous -.e...-,t,~ conruling, ��V The Court's rescinding of ruling on certain former motions, and the renewal of said motions, and overruling of same by the Court, in the Judge's Office, before the re-convening Friday evening, June 18,1948, just of Court for the evening session. The Court: counsel, Gentlemen, when we came beck to Chambers for the purpose of consider.ipg some of the instructions had been offered defendants ~enewed certain connection with this trial, It has been suggested sonally present being uncertain Mr.ffammer: counsel at this for the motions in time overruled. were not per- were renewed and made, and the Court, or were not, of both the accused room from Chambers, rescind and does now offer the Court doth and before having any ruling he may have made to the said defendants ever returned the right to renew said motions. Without waiving any right,-which The Court: All of these ence of both defendants, the trial of this case, time, of said motions I understand of the accused, waive said rights,-however, time renew said motions all counsel other the defendants they were, cannot waive any rights themselves the law or nor can the accused in view of the Court's as heretofore motions, ruling, dictated. now being made in the pres- have been made and considered, and for the reasons Mr. Hammer:n To the ruling except. motions as to whether on said motions, and option and made certain to the Court that and after to the Court, which the Court at that when these now, in the presence to the court motions the instructions, then stated before, during from time to are overruled. of the Court, the defendants by counsel we �,, �(t) June 17, 1948. Commonwealth On an indictment vs. for a felony (felonious assault) Lawrence Dean and Floyd Shifflett This day came the attorney the accused, their for the commonwealth, and Lawrence Dean and Floyd Shifflett, recognizance and by their and Sam P. Conrad. attorneys, And counsel came pursuant to A. Hammer, Gr., Charles for both the accused having here- Xli:lUlt>a1~~ooo00C1Jt>c!l'Dtl10elGCIQtlftCMlc:JOi~~~j@igpa;ofore, in the -fth- absence of both,accused, demurred quash the same on the ground that offenses--one having a misdemeanor heretofore accused hav~g included ov~rruled o-f s.a.:,a.. a ,. . felony--and of two . the Court d~murrer and counsel moved to strike as to conspiracy, and moved to charges the said of both. accused, also heretofore in the indictment it and the other informa~ly to quash in the absence to the indictment and motion for both· the out the allegations and the Court in the absence 1' • of both~accused haying_sustained having and renewed said.motions appeared appeared before qemurrer and motions this the bar of this having day made a motion for of the jurors another,6ffense sideration said motion~ and counsel sat tried of said Court this change of venire at this demurrer term or Court and motion to quash and the motion for tained charging on the~ pl e~t day, and the aforesaid the motion to strike having some Lawrence Dean, for the Court, both overruled after said a change of venire from the indictment I'. also on the ground that of the accused, and motions day and both accused having been renewed and counsel on the trial this demurrer and sus- the portions ' con- thereof a conspiracy, and thereupon bothAaccused were arraigned the portions charging conspiracz,_and thereupon indictment as amtnded by striking,._ each in person guilty.to the same. �I �And from persons facias, summoned by the sheriff twenty persons qualified and free names of said were examined by the court from exception; twenty persms commonwealth and counsel struck therefrom w. T. namely: A. R. Scott, under a writ whereupon a list the accused, Roys. Heatwole, said to constitute true deliverance for the thJ remaining Claude Berry, twelve, G. Roscoe Knicely, Sandy, and C. E. Lokey, seledted the jury, the C. B. Beubush, M. G. Newman, Ashby Fitzwater. Moyers, Joe Kagey, Turner conta:lning who each alternately the names of four persons, Leavel, and found duly was handed to the attorney for ~ of venire were sworn to well and truly J.B. as aforetry and make between the commonwealth and the prisoners law and the at the bar and a true verdict render ,according to the/evidence,xatK!i .And the Court~declare that the Court passed to strike informally to when neither of accused said declared motionland attendance on this are insufficient acting under Section by Sections try w present And it prese~t 4896, the ·Jury from to the ·court ih t there from the jury.list following twenty-four the Court, as provined jurors to said case, namely: J. Hollen, A. Wampler, Jr. , A. Roy L. Frank, s. Harry Kiser, J. F. Byerly, c. Isaac Long, Robert F. Garber, C. Shifflett, Beery H. May, J. Moore, Dee C. Smucker, L. C. Hutton, H. Westbrook Hawkins, John H. Rolston, Layman, Garold Myers, D. C. StickQey, \ Court sustained to try both the accused, selected 5988 and 5990~he ~ and discharged to and above referred in person• appea·ring on the ground above referred of the indictment a mistrial case. jurors on~demurrer I parts certain a mistrial William ,( Frank. l ~ ~ "- ,. f Chas. W. Raymond Weaver, o. Beard, Joe R. Rhodes, John D. John P. Zirkle, Paige P. Price, Hubert B. Harold E. Shomo, and C. ;j:;.L, r- A,(,{,f. ~H,/ ~ I �I I ; I \ I I \ �The defendants -ot•iilii-~, by counsel, moved the court to quash the original and the amended.indictment and further to dismiss the new venire summoned in this is a material variation case on the ground that between the indictment \ ~reupon, court returned by the and to which the grand jury and t~e indictment defendants there have pleaded&. the court -.,ruled upon the demurrer was void or voidable by the action the previous and motion to strike and that of the court case now stands that all part such previous in declaring on the original action of the indictment rulings a mistrial, indictment, of the were1nulled and that the the arraignment of the two defendants thereon and their respective pleas of not guilty, to quash the indictment and dismiss the venire and that the said motion/should be, and is accordingly, hereby over- \ ruled. assault and bodily the said injury H. E. Taylor and in pursuance moved that that upon H. E. Taylor, to maim, disfigure, of said portion ·conspiracy with intent disable, or kill, and confederation", of the indictment him (and be stricken~which demurrer and motion aforesaid the court overruled, to which action zld~ of the court in overruling said demurrer and motion, the defendants. by counsel, And the defendants, the jury excepted. by counsel, for the reason the elements that of conspiracy; be merged in an indictment after that felony the charge although for felony, the grand jury has returned spiracy and a felony, this and %md it Ju:ry/could find without convicting object to the change to does not embrace therein the charge on proof of cpnspiracy and conviction, an indictment, is the position them guilty charging charge; con- of the accused of a conspiracy them of a felony may to commit therefore, �The defendants Q17TS!ia~, by cormsel, moved the court to quash the original and the amended ·indictment and further to dismiss the new venire summoned in this is a material variation case on the ground that between the indictment grand jury and t~e indictment defendants ~ there returned by the and to which the have pleaded 1 ~ defendants, ,~u .., m•!!!l:ltll!ffln demurre,d. by counsel on the ground that it embodies two complete one a charge of conspiracy and the other and for the further that conspiracy reason to commit felonious and the defendants, to strike by counsel, that and confederate together and bodily the said H. E. Taylor and in pursuance moved that §emurrer action~ that by counsel, And the defendants, the jury that of conspiracy; that felony the court this of committing an with intent disable, him or kill, be stricken~which overruled, said demurrer convicting object although for felony, and %iucXit ju-ryjcould find without "did .conspire to which and motion, the to the change to the charge does not embrace therein the grand jury has returned and a felony, former objections, and confederation",(and by counsel, be merged in an indictment spiracy as a excepted. for the reason the elements waiving of the indictment in overruling assault, moved the court Floyd Shifflett conspiracy and motion aforesaid defendants. after without to maim, disfigure, portion of the court zn:tq thereupon upon H. E. Taylor, of said offenses, under the statute; for the purpose injury and several is no such thing also Lawrence Dean to the/indictment of felonious assault, from the indictment, the charge assault there %J <:.-1AL the charge of cpnspiracy on proof and conviction, an indictment, is the position them guilty may charging of the accused of a conspiracy them of a felony charge; con- to commit therefore, �I I t �~he element the jury; .a~bi ~to assault court of conspiracy ~-<-Li£ and" ng pefer:rriee and tbat &,:::th of the court be embraced in the charge l ttP'v'- tnereup tAQ actW?l should n, (...tbe court t a c&ftetti»&.o,- e1 ¼aontiaB the umt 1Aa.-.e1'$ overrule~said rulaa :emt in '98ie inii:c taw1tt=le, me1ged tae aecae,eli Cfflft;es objections the defendants, bauiJaS ilPead;r, to ..;t1y ~ted tQ& to the charge, by counsel, excepted. a ·Te±o~s faJ.e'.t1)7")the to which action �.• �th\ 5 0-Aj And from the venire summoned as aforesaid for the trial " of this case, only sixteen ing responded tion, and being found duly qualified thereupon, the attorney sent of the court, said panel, (16) of the persons waived the striking from the names of four persons therefrom, Shifflett, Jno. P. Zirkle, Hutton, selected to well and truly thirty J. F. Byerly, as aforesaid o'clock. struck the remaining A. S. Ki~, there- twelve, Isaac Beery H. May, J. try to constitute and true deliverance the jury, C~ o. Beard, were adjourned until were sworn make between the com- at the bar and a true to the law and the evidence, of the evidence, from excep- H. Westbrook Hawkins, Harold E. Shomo, and L. C. monwealth and the prisoners according attorneys, Robert F. Garber, Roy L. Frank, hav- of his four names from the by their J. A. Hollen, and free venire for the commonwealth, with the con- and the defendants, namely: in said verdict render and having heard a portion tomorrow morning at nine- �this c!ay f-0:r the �VIRGINIA: ~ 1k !/ufi1!MneCef'oU#t <y.Wea~ i'n 'tJ,e ~o/ ¥7P/l,,,"ckmond on Wednesday, Upon the petition writ of error by the 1948, ers Circuit in a prosecution for a felony; the petitioners bond if of Lawrence Dean and Floyd Shifflett and supersedeas Court held at tk Cef'owd-~ fJAui/dvn!f th,e 17th dalf ty November, 1948. is awarded of Rockingham county them to a judgment on the by the Commonwealth against but said supersedeas from custody, if is not in custody, a rendered 23rd day of June, the said to operate or to release petition- to discharge their out on bail. A Copy, Teste: ~ Clerk �Order of Supreme Court / �COMMONWEALTH OCT 1949 vs. Felony LAWRENCE DEAN and I' (fa) J- l, 1 FLOYDSHIFFLETT I ' 7/J 1s,.j-- h " J-~ I fo':yfa 1 -/ F ��-· This day came the attorney for the commonwealth, and the accused, Lawrence Dean and Floyd Shifflett, came pursuant to their recognizance and by their attorneys, Charles A. Hammer, Jr., and Sam P. Conrad;and Counsel absence quash of both the ~ .µ .µ Q) rl ft-4 f+-4 "' CJ) CJ) Cd 1J) ~ 0 ..... ..-t Cl.) ,0 .d 'd c having accused, accused havflng also indictment other charges the said of two and counsel n the Court demurrer moved to strike c, and moved to a felony--and accused, 1 in the and motion both far the out the allegations .the Cpurt n t.he absence rl accused hav~ng having 0 rl appeared before demurrer ~nd motions "' A heretofore, included overruled heretofore I>, Q it and the as to co in the having to the that to quash in the absenc.e of both rz. A demurred informally 'd ,a, the accused a misdemeanor heretofore Q) of both ft-4 >. ...._,, 0 rl both same on the ground ,....._ offenses--one .µ rl for A Q) appeared sustained and renewed said said mot_ion,. and counsel motions the bar of this Court and both this day, this accused day ha~ing and the aforesaid ft-4 Cd having been renewed and counsel having also Q) Q) 0 Q Q) M M 0 ft-4 .this .µ of the s:l a: ~ Cd .µ ,..::i I> '8 -rt .d .µ § r-:-1 jurors sat anothe:r,bffense for change on the trial tried at this of venire on the ground of the accused,_Lawrence term of Court·; tha~ some Dean, for the Court, after overruled said con- 0 -rt CJ) day made a motion "' g sideration of said and· motion to quash and the motion. for· a change tained the motion demurrer to strike and motions from the both of venire indictment d~murrer and sus- the portions thereof Cl) ~0 ~ 0 char n a·cons on the «-::1.ginal c, and thereupo indictment both accus8Jf:ere arraiffd as amended by striking/and each in person (.) •P 1. e d not guilty Swearing of the And the~eupon that motion attendance are ~jle jury passed to strike to when neither said t Jury ~moti oZi that the Court the motion .;G certain of accused on this insufficient the Court informally and declared case. jurors charged. declare of the were present a mistrial ' present indi·ctment in person• appearing both on the above referred and discharged to try • a mistrial on demurrer parts And it / ground to and above referred The Court the to the Court the accused, jury that sustained from there the Cour~, �• �acting under by Sections try said Section 4896, selected 5988 and 5990 the case. from the following jury twenty-four list as provided jurors to �• �Commonwealth On an indictment vs. for a felony (felonious assault)· ~awrence Dean and Floyd Shifflett This day came again the attorney for the accused the ubuiLcboux, Lawrence Dean and F~oyd Shifflett, commonwealth, and came pursuant to their recognizance and by their attorneys, Charles A. Hammer, Jr., and the jury impanneled and sworn for the trial of this case came and Sam P. Conrad;/and having completed the hearing of the evidence, the jury was discharged court, seven o'clock p. m. And thereupon, th!:.c and%imx c7""i. for the commonwealth,/attorneys for the accused, the attorney until retired into chambers, and %llxxnncounsel~ for both of said accused \'~ x~µ~ renewed the following motions: xatwxxwwKXJ!li~ :amlx~~ to declare of this verbal a mistrial case; to dedlare instruction Perry Bailey, the effect for reasons a mistrial that it was a singling for the reason Floyd Shifflett or of assault regard was guiltylof and battery; that that to strike more fully ruling all before the re-convening judge of this wealth, attorneys son, retired court that certain court, chambers, neither in the presence with the attorney excepted. p. m., the for the common- and it having been suggested was present for the defendants, of both of the accused, to the in chambers when other thereupon, before ~er- motions the court having returned r) into Emlll:tx the court room, re~inded and And and both of the accused were mxrix renewed and certain were made by counsel assigned to which action at seven o'clodk of the accused case in the court, its adhered to xrlli: previous by counsel, for the accused, into motions together in this of said motions; of court shotting Whereupon, said motions, the said defendants, in the case or malicious heretofore having heretofore.considered of the court, should was no eviaence the evidence in writing. and doth now overrule his evidence there unlawful of to the jury, the evidence to Lawrence Dean, for the reasons to be assigned case as, _under the instruction to strike in the opening to the evidence of which was to warn the jury as to Floyd Shifflett, assigned in this of the Court in regard be viewed with undue caution; that heretofore any ruling made on the �,.. J • J. -. t ,.n J. t r • .) ·• �aforesaid right motions and option defendants, and offered to renew said motions. without as heretofore waiving all any rights, made; and all made in the presence considered of said motions, excepted. accused,pursuant to their A. Hammer, Jr., to adjournment, and after returned the following dant, intent, punishment retired the arguipent to their verdict: by confinement We, the jury, charged in the indictment, of ~unding thereupon, set aside for fifteen the verdict other in this reasons case. verdict is contrary and the defen- and fix his for two years. guilty by confinement in the H. E. Shomo, Foreman." a new trial assigned as the defendant, And moved the/ourt to on the /round to the law and the evidenceVand to be hereafter the their court find and abetting by counsel, arui grant of counsel, Floyd Shifflett, of aiding months. the instruc- H. E. Taylor with in the penitentiary both of the accused, said into in the indi~ent, the defendant, case came room to consider ."We,the jury, Lawrence Dean, and fix his punishment Penitentiary of this some time they came again as charged find attorneys, &JmX And having received Lawrence Dean, guilty malicious and by their for the trial and having heard verdict, there- and Sam P. Conrad; and the jury im- pursuant w2x2Xthereupon having re-convened, recognizance and sworn as aforesaid jurors the defendants, for the commonwealth, both of the panelled of the court of the court And the court the attorney tions now having been heretofore and having been r doth now overrulillgX]U[Xli.x to which acjion ~pon, came again Charles renewed said motions of said motions, the court the And the said of both of the accused, by the court, by counsel, to the said defendants in writing for and filed that �, ) �K. JULIAN HICKMAN ATTORNEY HOSTETTER AT HARRISONBURG. TELEPHONES o.-.-,cE 109B RESIDENCI! LAW BUILDING September VIRGINIA 10, 1948 947-R Honorable George D. Conrad Commonwealth's Attorney Harrisonburg, Virginia Re: Commonwealth of Virgi~ia vs. Lawrence Dean and Floyd Shifflett Dear Mr. Conrad: This is to advise that we will on this date apply to the ClerK of the Circuit Court for Rockingham County, Virginia, for a transcript of the record in the above captioned case. Yours very truly, (2//;L~ {7fl1a;K( if"&1man JKH/pbp Legal and timely is hereby accepted. service of the foregoing notice ��VIRGINIA: IN THECIRCUITCOURT OF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA vs. FLOYD SHIFFLETT This day came the defendant, and assigned the following verdict of the jury cious assault, tentiary returned Floyd Shifflett, in person and by counsel, as the grounds of his motion to set aside the on June 18, 1948, finding him guilty of mali- and fixing his punishment at confinement in the State Peni- for a period of fifteen months: (1) That the verdict of the jury (2) That the verdict of the jury was contrary to the evidence. (3) That the verdict of the jury was contrary to the law and the evidence. lV8S contrary to the law. (4) That the Court erred in admitting certain evidence offered by the Commonwealthand in refusing (5) to admit certain Tha.t the Court erred in overruling evidence offered by the defendant. the defendant's motion to quash the defendant's motion to strike the indictment. (6) Tha.t the Court erred in overruling the evidence at the conclusion of the Commonwealth's case. (7) That the Court erred in overruling the defendant's the evidence after (8) all the evidence had been introduced Tha.t the Court erred in granting Commonwealthover the objection (9) certain motion to strike and to declare a mistrial. instructions offered by the instructions offered by the defendant as being an aider of the defendant. That the Court erred in refusing certain defendant. (10) That the Court erred in singling and abettor and in singling out ~his out Lawrence Dean as being the principal. ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY ~M '/,,.,I-'/6 COMMONWEALTH OF VIRGINIA vs. LAWRENCE DEAN This day came the defendant, and assigned the following verdict as the grounds of his motion to set aside the of the jury returned cious assault, tentiary and fixing Lawtence Dean, in person and by counsel, on June 18, 1948, finding him guilty of mali- his puni~hment at confinement in the State Peni- for a period of two years: (1) That the verdict of the jury was contrary (2) That the verdict of the jury was contrary to the evidence. (3) That the verdict of the jury was contrary to the law and the evidence. (4) That the Court erred in admitting Commonwealthand in refusing (5) certain to admit certain That the Court erred in overruling to the law. evidence offered evidence offered by the by the defendant. the defendant's motion to quash the defendant's motion to strike the indictment. (6) That the Court erred in overruling the evidence at the conclusion (7) That the Court erred in overruling the evidence after (8) the defendant's all the evidence had been introduced That the Court erred in granting Commonwealth over the objection (9) of the Commonwealth's case. motion to strike and to declare certa.,n instructions a mistrial. offered by the offered by the of the defendant. That the Court erred in refusing certain instructions defendant. (10) That the Court erred in singling and abettor and in singling out Floyd Shifflett out this defendant as being an aider as being the principal. �l �uat 29, 1948 orney r1s ◄ 0 +> ..... 0 O'I ~ 0 r4 t-t O'I (I) a, (') -t, 4) 0 t➔ f -t, a (') ~ ..... • 0 CQ -t, G) "' 0 < -t, -t, ~ >e r r. o r s 1·s • on Sp d, Os ~ 1, 0 t:: ~ ..... ,.. 0a, ,.,.. (f-t 1rg .... 0a le -t, 0 b oc Harr n t e a -t, ..... n•' C 0 t: y t • , , J H/pbp L ] er 1 7 �Notice of of Exception for Presenting Certificates to Com. Atty. , ( ( �J INSTRUCTION NO-r The Court instructs and Shifflett against that other are on trial the jury that only for the offence them in the indictment, thy are not at liberty law violations of the accused t 1n this and the jury to oonsider in considering cas, the accused Dean -j ,. alleged ~re instructed evidence the guilt ., or or innocence I -? ,._.,.,, ~~ll~~ 'ff()... ------------..----------~--------~---------------------------~- �\ ne C b aau b on Il .o!'lfll -~') ~ . ) r- m!TOUH ir ;.·ut er!t .:tou 1.tenl .i'IIJ'oo eo1.1al'lo erl;t ~o'l "tlin I l'I.t ao _'Ill ;t.tal'l'l OE "IO .d:t :t rl d'Ilu er!.t e_ n.t'lebferroo .n:~ Jt'Cl:t .[olv r!T 'II' re. l 'I !1..8 rl.to �INSTRUCTION NOY. The Court and Shifflett against that of the are on trial the are not at liberty law violations in this jury only for them in the indictment, they other instructs that accused the offence and the to consider in considering the jury alleged are instructed evidence the guilt Dean of or innocence case. ~~------------------------------------------------------------ �fO ne'l'lo ~ege!I b :t"'l.I'! a.al 'l •tut 'lo eoneblve ed ·: 'IO'l "tiao r{j I.sl"Ij no a ;t;teI1:'l d8 bns .par , '!eb' •n .> _, ~UH... WI 0:1 ;:h:edlI j.e j ,n e'I.s [!j j_:, j �INSTRUCTION No.A The Court instructs in this case that H. E. Taylor was the aggressor Floyd Shifflett up the jury that if you believe and the defendant, any fight1~w~~or whereupon Taylor struck Dean reasonably and made an attack Lawrence Dean, in attempting and Shifflett, tried to separate the said Lawrence Dean, and that on to break the two, the said Law- apprehended bodily harm, that then he had the to use such force as he reasonably himself. from the evidence deemed necessRry to protect �r �INSTRUCTION The Court reasonable doubt hypothesis except NO. instructs is one that that X. the jury excludes that a every reasonable of guilt. ' ( \ �.X .J~ I • noe.s 'I w 1;t B 'I I a .rU a uroxe; 1 OJ.. I ;t rlJ eno tJfIT8ijI t uo" f T L 'IlOB ' ~ �INSTRUCTIONNO~ The Court believe instructs from the evidence was the aggressor apprehended bodily harm, as was neessary lieve that the said reasonably k~ Floyd that Shifflett him not guiltyr ~ ~- that case that Shifflett himself, OT~~l ~ they H.E.Taylor reasonably to use such and if you be- used only such force to protect . himseI. ~~ ~ ~~~.~ ~·~ ~~+-· if he had the right to protect deemed necessary find jury in this and that force should the ~., as he then you ~ ~lt°""" /Jr::. ~-=; ft 4 �ITO ... ,J T. .H d".e.rUe so el 'IO nl fj' eonel lve ed IO_ V eI11 erl;t .b rr 01/ n - d JJ 81 S 80'IO'l r d d ld joe1o t 01/ ed 0 j' be u d"d"eI1 ov. ne j J ----LA....., Ilbo b en e.s V.'I.8 • e rrerte'I< 80'IO'l dd" d".snj evelI �·- .....-· - ....... .. --------· ·-...... . _., ................ fl �• �.. ___________, ........,....,.........,. ...,...,.. _____________ And each of the accused ..,,,..,.. having the Supreme Court of Appeals the judgment that of this court, July the court suspended 8, at which time, is being this copied, court said if able it accused, he would apply to suggested of said or either sentence that 'Iand of said defendants, Blanche B. Stanley, ~ law, and having herein until the record of them, may apply to extended. And the attorney for the commonwealth having made a motion for additional on the bail to to the court to have the record is made to appear to have the suspension .,. for a writ of error being execution .-., that of Virginia and it ._,,_J ~ indicated they might not be financially copied, __ thereupon, Ernest security C. Shifflett being examined and sworn according -to "O"' M al Q) thereupon justified as to their .Cl sufficiency, M the said Lawrence Dean and Floyd Shifflett, C. Shifnett and Blanche and acknowledged B. Stanley bon~ payable the -p-en~lty o~ Twenty-five . to the with as their the said surety, Ernest entered into ~ Commonwealth of V'irginiaAin Hundred Dollars, ($2500.00J~ QY .Cl .µ z ~ condi-l tioned and payable according to law for their personailla(xx : and to such other time or times to which this case ma,z be conappearance before this court on the 8th d~y of Juiy next,/and not to depart I thenee-without recognizance void by order until this leave o~ ~ourt, -charge 1-s finally of a -competent. court. and be bound under tbis disposed o-r or is declarea· , ���----...,........,._ ~-.,,.......--....------------~. j· �Karch 18~ 1949 Re: Lawrence Deen and Floyd Shifflett v. Commonwealth Record lo. J5ll Mr. M. B. Watts, Clerk Supreme Court of Appeals or Virginia Richmond, V1rg1n1a De&r Kr. Watts: As requested in your letter or yesterday, I am sending you herewith by registered mail •couonwealth•s Exhibit l" ~nd wzxhib1t l or Defendant• 1n the above oase. Mr. J. K. Hiokmhn, attorney these from the record. for the ~efe~ants, selected Yours very truly, J. Robert Switzer, JdS:mb Elles. 2. Clerk �:t 1 l:. l t 'l �CHIEF JUSTICE: EOWARO W. HUDGINS SUPREME JUSTICES:. e. HERBERT JOHN COURT M. B. WATTS OF' APPEALS CLERK, GREGORY W. EGGLESTON C. VERNON SPRATLEY ARCHIBALD C. BUCHANAN ABRAM P. STAPLES WILLIS 0. MILLER WILLIAM OF' VIRGINIA DEPUTY RICHMOND W. SMALES CL.UUl, Richmond 10 March 17, 1949 Re: Lawrence Dean and Floyd Shifflett Record No. 3513 v. Comnonwealth Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Mr. Switzer: In the case of Commonwealth v. Lawrence Dean and Floyd Shifflett (now in this court under the style of Dean and Shifflett v. Commonwealth), it appears from the judge's certificate at the end of the transcript that there were certain original exhibits which were directed to be certified to this court. I cannot find that these exhibits have ever been received. Will you kindly look into the matter and if you have them, forward than to me at your earliest convenience. Yours very truly, c=:4~ MBW:lch Clerk STAUNTON ��t- ,fl'.;/ r: • ~ 4--foff~V~.... ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ...P.~.! ... .J~· ..'!..... M . .'!.....Q~~.~~.r.1..~:r..! ..Jtq1J~A ... ✓ ~.~J..~.~.r t, ....... John ...Ro.a.ch.., ..... T.o.m ...B..~1.l~.~.P.4.... J.o.h;o, ...P:ut..:r..V... ................................................... . ••••••••••••• .. •••••••••••••••n•••••••• ....... •••••• .. ••••••••••••••••••••••••••••••••••••• .. •••••••••••n••••••••••••••••••••••••••••••••••••n••••••••••••••••• ......... •••••• ..... ••••...-:•-~-- ................................................................................................................................. ____________________________ --- ___ _ .................................................................................................. -..................................................................................... ,......... _ ······-······················-···----······ ...... ...................................... ____ ......-................................................. ..,.......____ ,.__............................ _ to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the. ...10.thday of Oc.t.ob.or. .................. -·········---········ 19...4.9..., to testify and the truth to say in behalf of the Commonwealth against. ...........•............. _.............................. . ........................ LAWBENCE ...DEAN....a.nd ..F.LOYILSH.IFFLETT....................................................................... . 0 •••••••••••••••••OHOOOHOOOOHOHHOOHOOOOOHOHOOHH•• .. •••••--•oouooooo••••••o••••••n•••••••••••••••••••••••--•••••••••••••n••••••••••••••• .. • .. •••-•••••••-.-.•••••••• .. •n••••••••••••••••••••••••••¥•• who stands charged with and indicted for a felony H8@m68.IK.r. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ,r.Ree£R~-9Wff"LER;-6lerlt-of om-smd£'ffllrt, at the Court House,.the .......3..0.th day of ...S.ept.embe.r ............ , 19..49 ...., and in the 1 .. Tfl ■ ,aav1c1. .... u. HAa&UON ■ Ul.<o, t'A, monwealth. �COM. V • ) Subpoena LAWRENCE DEANANDFLOYD SIUFF.LE~T To October 10, 1949 at 10:00 a.m. ~4~ !)/ �Executed the within summons at the office of Dr. N. M. Ganter, Professional Building, s. Main st., Harrisonburg, in Rockingham County, Virgtnia, the usual place of business of Dr. N. M. Canter, by delivering a true copy thereof and giving information of its import to Thelma Brunk, the person "o J.nd n ch.a;;:-ctJ e-f- -such pTace qf bustness,this 30th day·o~ Sep ember, 1949. for ..!::!t&ki;·d:c~~~~, ~:::,;::. R~l.• ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~.✓....-:;!/..~..~.., You are hereby commanded to summon...... fy•:••-;p•,•;-:;;:_••~::••:~••:~••••••••z;••••••••••••~•••••••••••••••••••••••••~•••••n•••-•••••••• ~~""; .. .. ••••••••••••• ........ ,~..~n.c-7- ..~..>=:-:. .... /~ .......... . : ~ .......................................................................................................................... ........... • to appear before the Judge of the 9!cuit at 10 o'clock., a. m., on the.f.Q..½;y ' C<nrt o);,Roclu7gham County, at the i::O#rtHouse thereof, of.......... ~'. ................. 19 ..4,,o t1tify and the truth to ~~~.~ .. :~~,.·~·~.k;:;::;;;'>;~~_z.;::;.. ..~::::::::::: ................................. --·-.-..... ,_I_., ....... ,............... ,.... ,... ,.. ,............................ ······ ........... ,.......................................... .. who stands charged with ¥nd indicted for a felony mistlemeano,. And this you shall not omit under penalty of £100. And have then and there this Writ. WitneJA--f•_ROJJERT 'SWITZER, Clerk. of our sa~t, at the Court House, .the .~ day of .~~........... 14..7,and in the/./ . .. ye ....... of the Comm nw_~alth. k. ��In the Name of the Com~onwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to S#m11tMl ..... County, Greeting: #.:.~ .... x~.~~ ....... . .~·~:··;~·~:·~·········-;;p·-p········1··········y-;~·~················································· ..............:........................ . r-•~•7•u•••~•~•/••••*••@•~•••~•r••••••~~••••• to appear before the Judge of the.2i£~it CO#rt gJ Rockingham CO#nty, at the Court House thereof, tl...~ ...... 19.d..9to at 10 o'clock, a. m., on the./.~/.1t;ry of ......... testify and the truth to ~:'';;;::;:;;::;;~:./..~;:;;;:;~:::::::::::::::::: ~~~.~~ .. .. ······•··•····•••••••••••••••••••••••• ..••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• who stands charged with and indicted for a felony 1'1"tkmeanac I" And this you shall not (!mit under penalty of £100. And have then and there this Writ. !./.J.:t.!.. ... WUn,u, J. ROBERT SWITZER., C/,,ok of ...-_uj,IJ!;l_t, ,t the C...-t H.,..,, the ... J,y of~ ,94._1, and m the/1//./;t.;",M...~. ' Cle,k ��In the Name of the Commonwealth of Virginia: ............................................................................................................................... -~ ....................................... . to appearbefore the Judge of thf!i!Jf!!!I Court Rockingham County, a:,J_J,eCourt House thereof, at 10 o'clock., a. m., on the./f~of........... . ................-::.. ..........191:/Yto testify and the truth to ·:.~.::·'.~~=~~-:7;;;:;:•~. ······ ...... ············ .................................... ........................... ,,. ······ ......................................... ··········· ....................... ~.. �.It ~ g. s- i g t~ ~ ~ I ! l i �•~ ......_,...--...... -11!115C'l"ll'-_.,•~Jr..w_..,..,o ... , ___ .,.,.~ .......... t-o her. Not 1'inding...VJW:.d..d.~~5c:l:::!=C:M.-..,.11!!~"='tc'!i~~~:a 6 - ,I£'..- pt ace of abode, Executed . tn,e oopy of this--~~-' ,L. ._}_J ~ --~ ueual place of abode.~ bv deliver! "8' a Jb✓.,.-.<!.Y'. £&, J1I.M . . _ lnperssn,atsald.~~ ,J.Ulj,dr ;r- p ·-· /1 · ... member ~•::;,"'J:°#'"z.✓ -~•ain; k<,~t),(@ ~- he purport ~ r thereo' o· ��Not finding place of abode, Executed true copy of this. ~ dd,f!,,,,. • z._.,. ,Q..:.. Wij .l=. t,~ . .. --. ........ bv delrverlng •. to/ hu.l! ab"'J.th°tJ.-;;z;;• ~.~(£~.~- d....Jo a. ~ in pe,son, at said-~~ usual place of abocfe...~ ~~•::,~ily at hla ll8md . ;;:: ., eing a member the pu,port of the,eor -- ��• ♦ .P ........ ♦- •• .4 2.0 1.6 1.6 5.6 ,1,5.:, 0 * 0 0 0 0 * ~ 7/ . ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon_ ......J..Ohn ...C.r.. County, Greeting: Jr.t.ar..d ............................ ----····················· ·······················································································································································-······················---- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10:00 o'clock, a. m., on the ...lOthday ............................................... 19...49 .., 0L~---·····Oc.t.0b.er to testify and the truth to say in behalf of the Commonwealth against.......................................................... . ...................................... LAWBENCE ...DEAN...and ..F.LOYD ....SHIF.F.LBT.~ .......................................................... . who stands charged with and indicted for a felony flWSQ81lHM1~8'11P And this you shall not omit under penalty of £100. And have then and there this Writ. at the Court House, the ......2.8.th. Witness, f.-R..~~~~,.~l,e~.Q.W:;.sai,d,.Gow.t, day of..S..ep.t.e.mb.e..r ............. , 19.!4.9...., and in the 1.1-r.",. -.u. ~-:::,.!rl,-= e:h!rtc Tfta :HAVIC& PUU, HAR&ltONauao, .... �COM. V. ) Subpoena, LAWRENCE DEANand FLOYD SHIFFLETT To October 10, 1949 at 10:00 a.m. C/-af./ltTHE COUNTY01' EXECUTE!) ROCKINGHAM BY DELIVERNGA TRUE C T �In the Name of the Commonwealth o.f Virginia: To the Sheriff of Rockingham Cou , Greeting: y OU are hereby commanded to summon .......Dr..•..... N.•.... lf.•..... C.ante.r........ .Dr.•.... H.•.... He.lhert., ................... ._ ..and ...R...... :E...... T.1171.er ...................................................................................... - ...... ;................................. .. ··•···································-···-···----··········-···························· ······~--·························-······-·--······...,......-- ·······································-··-······················r--·········'··········J ··············-····-·················-··············-····-•················ .. ···········'-·······••l-••······ ..................... 1 .. -·-···.Jr to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..1.7.th day of ......... ........... June .. .. . .................. ......... 1948 ...., to testify and the truth to say in behalf of the Commonwealth against ..Ls:wrenc.e.... Dean ...and ......................................... .l:Qd .. Sh1!t1o.t. ·····························································~···-························ who stand~charged with and indicted for a felony 111.iiMMUi!.MIWIII And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, tl~~¥HR;~~~ day of.........J.una ......................... , 194.8....., and in the THE SERVICE PRESS at the Court House, the .......9.th ..... . �COMMONWEALTH V. ) Witness Subpoena L~WR~NciDEANand FLOYDSHIFFLETT To June 17, 1948 at 9:30 a.m. Witnesses: 1. nr-. Canter 2. Dr. Helbert 3 • H. E. Taylor �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham -"T•••••••••••••••t'..-•-• •••••l-•••••• .. ••••••-••••--••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ................... ., ........ .,. .............. , •••••••••••••••••••••••••••••••• ••••••••~••••••••••••••••••••••••-•••--•••n•••o•••••••••••••••••••••••••••••••••••••••••••••••• •••••••••• _ .. •••••••••••••••••••••••••••••••••••••••••••••••• _..,Oo00-00•••••••••••••••••••••••••••••••••••••••••••• .. ••••••••••H••••••••• County, Greeting: .......... •••••••••••••f--••••••4•,r•••• .. ••••••••••••••••••••--u--•••••••-·••••••••••••••-• .. ••••n••••••••••••••••••••••••••••••••••••••••••••-• .. •••••••-•••• ..... •••••••••••••••~• ..... •-•-•••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..17.th day of..........,._...,,.,.....~·-· . • • ............................................... -".19...48., to testify and the truth to say in behalf of the Commonwealth ...............l.o~....t-le against ....Law.r.enc.e ....De.an ...and tt ....·····················-···············-··············-··········•····································· who stands charged with and indicted for a felony mtede"1.@M}@Pl And this you shall not omit under penalty of £100. And have then and there this Writ. f. &G~J;P,.J: eW,l+~..(;leirlulkJ.tKI.~ 172n day of ........... ..Iune..................... , 194.8 ....., and in the ........ ye Witness, THE SERVICE PRESS at the Court House, the .......9.th ...... �COMMONWEALTH V. ) Witness Subpoena LAWRENCE DEANand FLOYDSHIFFLETT To June 17, 1948 at 9: 30 a.m. Witnesses: 1. John Roach 02i E-t H 2. 3. John Duff Tom Bailey �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: y OU are hereby commanded to summon ....c........ w...... S.a:un.de.r.• ..J......J.r. ........... v........ o...... S.mi.th..... ...................................... and ...iT..obn. ...Craw.f.ord ..................... ··························-···-························· ..··········•··········-········- - ................................................................................................................................................................................... ,................... .............. •••••••••••••••• .. •••••••••••••••••••• .. •••••••• .. • .. ·•••••·••••••• ...................................................... .. ••••••••••••••••••••••••••• .. ••·••• .. ••••••n•••· .. •·••••• .. •••••••••••• .. oHO·••••••••••••••••••••·••••••••••••••••••• ...,.-r-••····~•.......... ~.~••••·••• ................................... ••••·•••••·····•=vP••--••··•..._•-..•-..._.--- .. .. •••••••••• _ ..................... ..... ~ •••••••-• ............... --.. to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..17..th day of................. J: ...... " ....:.....................................• _.., ······-······l to testify and the truth to say in behalf of the Commonwealth against ..Lawrenc.e ....De.an ...and .................. Floyd •••••••••••••••••••••••••• .. ...-- t-················-·······-·- ••••••••••••••••••••---•-•••••••■-•U•••h••• .. .. ····-·-····································-·····················• •••••••••• ■••••--•--- l. ................ ·-········-·· ----••¥••·······-··········-·············-····---· who stands charged with and indicted for a felony Mi!!d@M~l't And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,-:J°,.a.GBi;& 1=-e-w.I'I=~ day of ........... .Juno.·---, THB SBRVICB PRESS ~It,~~~ at 2n 194.8 ....., and in the ~c.=:-;e~µI~~ the Court House, the .......9.th ..... . �COMMONWEALTH V. ) Witness Subpoena LAWRENCE DEANand FLOYDSI!IFFLETT To June 17, 1948 at 9:30 a.m. Witnesses: 1. c. w. Saunders, 2. V. O. Smith 3. John Crawford_ Jr. I -- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon·-····~?.. .......~~·~·~·~···············································-······························· •••,••••••••••••••••••••••••• .. •• .. ••HhO••••--•u••••••~••••••••••••••••••••••••••ouoo•--•• ~--• .....-••••••••- •••••n•• ....... •uo•u•• .. • ➔••••••••• .... • .. u•n••••u•••• .. ••••••• .. ••••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the.2.0.t.b day of....................... w.,n ..•.•. r ................... _, ................................. 19 ..iJ:L, to testify and the truth to say in behalf of the Commonwealth against..Law.r.en.c.e ....I»..an.......... . who stands charged with and indicted for a felony Ift~M'lffl'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ~~~E.R.~ ~:f"~eR-,-Oierk,,f-crur-s:rid-€«:mrt; at the Court House, the ...18.:tb. ...... . day of .................. ...~Y THE SERVJCB PRESS 48 172 , 19............, and in the-tt,t-:-: ...:-:-: ...::-; ...~.vet:~~:he. �COMMONWEALTH v. ) Witness Subpoena LAWRENCE DEAN To May 20, 1948 at 9:30 a.m. Witness: Joe Sugaroo KXEcuTED5-/f..Jfn~ THE COUNTYOF ROCRTNGm.ttBY DELIVEfµNG A TRUE COP OF THE THIN ~:,c~ TO_:;;,.~=::..,~~~~~=z2_ __ _ IN . szdt,1-<r~ �Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ...John County, Greeting: ... Q~aw.f.o:r..d ....and ..Har.l.et.2'-.S ...E .......T.8.J'1.or. ... ••••••••·••••••••••••••••••••••••••••••••••••••••••••••••••••••••••·••••• ..·········-························································································ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:Jo'.o'clock, a. m., on the ......l'1.tb........ day of. .............Jl&.y..................................................... 19 AB .., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY .....1n ..:th.e. .......................... ~1'.t.~ .... Qf...L.~~~.nQ.t...D~.~ ...an.d ..F.l~:y.d...Shif.fle.tt ............................ . who stands charged with a felony •--.,.<NAntl this you shall not omit under penalty of £100. And have then and there this Writ. Witness, fi~~•-61Q.l.•eM,-Gl,.-~ .. j-tH#◄tli•~I, at the Court House, the .......8.th ....... . day of. ..... .llaJ: .................... 19..48, and in the.l.:/. THE SERVICE PREU, HAa.a.JSONBUI.G, YA. �COMMONWEALTH 0_-f>A-""' ~<J;....AVS v. ) ur~u~ ummons LAWRENCE DEANAND FLOYDSHIFFLETT To May 17, I948 at 9:30 a.m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........... 1111.i.ar..d ...D.e\Y.1..3................................................................... . ••••••••••••••••••!"H••••• ..... • .. ••••••••••••----•••••••••••••••••••••••••••••••••••••••-••••••••••••••••••••••••••••••••••••••••••••••H••••••••••••••••••••••••••u••••••••••••••••••••••••••••••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...1.7.thday of............. :.............. .J.\\Jl9............................................................ J9.48...., to testify and the truth to say in behalf of the Commonwealth against....La.wre.n.c.e. .... D.e..an ....... . ... . ~ .... ....~ ···""."'"·········d·· Fl.oyd ..Shifflett who stands charged with and indicted for a felony ......................................................................................... . Mt68@rftet1.f!.e1."1" And this you shall not omit under penalty of £100. And have then and there this Writ. at the Court House, the .....17..tb..... Witness, f.~S-WFF?£R;€~-ettr-said.-&m!t, day of.._··········-·JUI).8 ............., 19.....48, and in the THE SERVICB PRESS 72nd �COMMONWEALTH V. ) Witness Subpoena EAWRENCE DEANand FLOYD SHIFFLETT To June 17, 1948 at 9:30 a.m. �selected List or persons lbt:at:Q from the regular Jury list as :f'ortllwi th provided by law, to be summoned/to serve as jurors.upon the trial of Lawrence Dean and Floyd Shifflett, set ror trial /J. this A. Bollen Harry i· 17th day of June, 1948: y jl ~ C. Long ✓ \ Robert F. Garber \ Chas. W: Wampler, Jr. \ A. ~ s. Kiser Isaac C. Shifflett Raymond Weaver ~ t/ J . F. Byerly I ~ Roy L. .Frank ' VJ. o. ~ Beard John D. Moore· Drawn this c. Smucker c. Button vile. A. A) ft. A ~J",a· c. c. c. c. Joe R. Rhodes f'John P. P. l;\1.,/JA.' L .. ,- .. " ....... P. Zirkle I B. Westbrook Hawkins £:U H,!1/ /John H. Rolston I 7 ;J,'l H. ,i Paige P. Price f-' Hubert B. Layman L. • Beery H. Kay charged with felony, Garold Myers t &-r/ff~-~ H. H.tQ..t- -,{iijf3?,L a.V L. ( D. C. I,. ·v'Harold E. Shomo P. ~c. .tic H. ·w111iam Frank H •• / I 17th day of June, 1948. ____________ , Clerk. ____________ , Judge. Drawn in my presence. H. ��r PMn OFTHE-,FORSECUR.i ARMY0/\Y.AP- Mr. J. Robert Switzer, Circuit Clerk Court of.Rockingham Harris on burg, Virginia County �... ... - - SUPREME COURT OF APPEALS OF VIRGINIA Richmond March 21, DEAR S1i~ I am in receipt of two original exhibits in. the case of- ..!D:sze..asn~.u&..___.S;ub.i..1u:tr&...fl~oe-1..t-l.lt--vs. Commonw&al th Which will have profer a.ttention. 1949 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lawrence Dean and Floyd Shifflett Subject The topic of the resource Felony Assault Description An account of the resource Defendant charged with felony assault Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1949 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_007 Dean Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_002_commonwealth-v-lawrence-dean-and-floyd-shifflett.pdf 3ed081780bb04e210b2f3acad3ad95ae PDF Text Text Trial Justice Criminal Court Docket No. A .. ,)_ 7-2J Com'th v. ~ Q.W( lo J; :J...- :i.,..!J- Y-7 Jt.lJ..- ►..1J . -2.,(lh,_,, 7o - '/-.,-,, ,:JI ..l; n - ,- ""... ..,, :2 loTo i p. 1-1· P.M· 6.,.,1-''11 ~:?.JYJ· J- //· ff s~»; Convicteda $50 & eo$'ts oO ays Jail"Susp pay fine & costs Appeal noted and grante~ 7-ll-49. �' �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA: COMMONWEALTH v. CHARGE TO JURY LAWRENCE DEAN If you find the accused, wounding H. E. Taylor with malicious or causing intent, Lawrence .Dean, guilty him bodily as charged in the so and fix his ~•punishment by confinement a period of not less bodily him guilty therein of unlawful charged, finement injury, in jail exceeding five If afo~esaid, years, hundred you do not find injury, punishment of not less in your discretion, twelve as by con- than one by con- months and by a fine him guilty him guilty by confinement or by a fine bodily but find not dollars. in the indictment, such fine or, not exceeding but find punishment both five a period far wounding or in the indictment, his say ten years. of malicious say so and fix for you will in the penitentiary wounding or unlawful in the penitentiary finement months, as charged you will year nor more than charged him guilty by any means, indictment, than one year nor more than If you do not find malicious injury, of of either of assault then you will in jail for not exceeding five of the felonies and battery, as further say so and fix his a period hundred not exceeding dollars, twelve or by arid imprisonment. If you find him not guilty, you will say so and no more. ��.All et the lllat1•••• Pr••••t: .LAW.RDCE DM.NANDJ'J..OYD SB.IFn.ETT •T• Reoor4 Bo. )~l). Oi'IliIO.NBY JUSTICEC. VE.RlfO.NSPRATLEY, Rioluaon4, Va., April llta,19~9. COMMOHWEALTB 07 VIRGINIA JROKTHI CIRCUITCOURTOJ ROCXllfGHAI( COUNTY; w. v. lord, Judge. ot the Cirou.it Court ot Rook- At the Aprll,1948,tera 1apam. oou.ntT, an 1Jld1otment was returned 8ll4 l'l.07d. lat ittlett, waioJa. oll.uge that againat Lawr•noe Dean t..b.•7, "on or u.bou:t t.ne dq ot May, 19.le.8, in the OouatT ot Rooltingaam, 41d ualawtu.llJ an4 telonloual7 ooabine, the purpose ot ooJlllitting 'l'a,lor, together t1g\lJ'9, cU.aable or kill, an aaaa\llt and bo4117 inJur1 upon R. E. tae7, and in pursuance or said ooaepiraoT and the said Lawrence Dean and 11074 Shittlett, la all4 upon the ea14 B. K, Taylor did JUlke an aaaault ■ aid B. E. 1'qlor beat and woUDd•1th tor .tda, the said B. E. Taylor to me.ill, di•- with intent oontederatioa, oonapire and oonte4erate l&lllawtullJ, their riata wit, a traoi\\l"ed nose, bruise• telo oulJ and him. th• and malioioual7 and oauae hi.a and lacerations, did 4117 1•JU!7. with intent tohim., �-- l • 0 '1 • l • 1 • l l C r t .. l:. .r1 • .t ~ l l d l l - .[ L ! l • l l l Li • t • t 1 • l �tll• a. x. aa14 Tqlor, then and there to uia, dlatlgure, 41•- able or kill,••*•" On Jue diotllent an4 17, 194-8, the defendant• to quaah 1t on the groun.d that lll0Te4 oh.ara•• ot iwo otfenaes, other, dem.urred to th• ia- one, ooaaplrae7, it 1noluded a lllisdeaea.nor, and th• mal1o1ous aa1a1ng, a tel0117, wb.1oh deauner oourt OTerr\lled. indictment th• cou.rt auetaiaed. relatiag wlrl.ok a,tioa were uraigae4 The detendanta then aoTed the oourt to beoause it had ruled upon t~e toregoing murrer and motions when neither ot the aooused was present Th• court ewsta1ned their on A Ju.:ry as alll8nded and eaoh pleaded not guilty. a Jliatrial person. to a eonapirao7, TJlereupoa the 4efeadanta waa ia;paneled and sworn. deolare trom th• The deteD.d.anta then moTed \o strike the lacaac• th• iadiotment and motion the motiona, declared deia a llistriel, and dla har e4 the JUJ• Thereupon tu d1ot strike at on ta• 4et nda.nta demurred io the oricinal grounds torurly from the indictment The oovt oTerruled ase1&ae4, and aaa1n mond to the lans~ac• both the deaurrer tendanta were rearraip Jlll7 was then 1apaaele4, 1a- relatiag to a oonepiraoy. and the motion. Th• 4•- 4 an4 eaoh plead. 4 not guiltJ. A new awon, and Gh&J'IMa• tollowa: �- .1 l it 4I l.l • • .[ ' .! • • 1 • l l .r. • "l l l l - l .( .t 1 l 11 l L �•It 7ou tind the aoouse4, Lawrenoe Dean, gulltJ ot or oauaing hill. bod.U,- in~u.r7, l,7 a.n1 aeana, woudina B. •• 'lqlor with aal1o1ou• intent, as ohar&e4 1n ihe 1nd1otaent, ••1 ao and t1x his puaiahlunt DJ oontineaeat you will in the pea1tant1arJ tor a period ot not less than one year nor iaore than ten years. "It aal1o1ou.s bo41lJ 1•Jlll7, hilll pillJ therein ot ma.liolous wolUld.1.ngor 7ou do not t1n4 hi.a guU,1 as oharge4 1a the 1nd1ot.m.ent, but tind ot Wll.awtul woun.d1ngox- unlawful 'bod.11.J'i&J\U'J', aa 70u will oharged, ti.neaent .so and tix sq in the pen1tut1ar)" tor a period ot not less them one year nor more \han tive yea.rs, or, in tinement in Jail his pu.aisbment \l7 oon- JO\ll' 41aoretion, 07 oon- not exoee41D&twelve months and DJ' a tine not exoee41ag ti ve huJ.u\re4 dollar•. or either "It you do not tind hia guilt7 .felonies aa further e.tore ■aid, but find hi• or th• ot aaaaul t and bat"t•J"J, g\l1lty charged in the 1nd1otment, then TOU will aa7 so and tix hia p\1Disluaent 07 oont1n•en~ 1a Jail tor a period not ex- oeecllllg twelve month• or ~7 a tine not ex eed!ag t1Te hundred dollara, or by both auoh tine and 1lllpr1sonme.nt. •It 7()Q tin hill not g more.• -)- l\7, 7ou will aa7 so &l'ldno �t e Lt ,: IJ l:n I 0 ~ .i.l: u o l .( u l u .t't • Ll~ '1 l 'j'SJ I t ~ 1 n .I l -.a~ 't l C #t .u .[ OQ: '¥ I t al j ~ i._ 8 l • .I' £1 t .L_ .t't a ...,1 0 l oJ Lt IJ vl't :1 0 • .. .i: t 1 "I iJ l Jl ll rt:-n l -I �A aimila.r ohuge was g1yan 1a the oaae or Ylo74 Shitt- The 4efeD.4uta oauae ot its failure aa to the otteaae ruled, ooJeote4 to the o.b.u • to th• Jv1 l>•- to include a 41r•ot1on of oonapirao7. Tb.is oiJeo,ton that th• indiotuat hold or a •~1o1ou to JU.lee a finding aaaaw.t, an4 that the court oYer- aolel7 ollarge4 the oouisaioa •ea• whioh referred to the l a OOIUIJ)irao7 was but a JU.tter ot inducement or a part ot the teloDJ' ob.araed. the deteadant 'l'he trial then pro•••4•d waa charc•4 with ta• upon the ,heor7 that felony oal.7. After hearing th• eYideao• and instnotiona court, th• Jv7 returned a Y•rdiot ot •• ding K. B. Ta7lor with llal.1oioua iatent, 1nd1otaent," and fixed penitentia.r7 tor two rears." guil\J aa ohuged 4eteD4ut, "his pu.nia t1ad1ag "Lawrenoe Dean, guiltJ aeat 1A th• pea.ltentiarJ" 'l'b.e7 further "his pwiiahaeat aontha." 4ulJ m.oYe4the oour\ to aet aside tb.e trial toWld "11074 Shittlett; or aiding a11daoeit1n& the and tixed tor tit•••n as oharced in the eat b7 ool>.1'1aeaent in the 1n. tile 1nd1oiaent, Lawre oe Deu," or the ••nio, l,7 oon.t1n•- The defendants and grant a new tor reasoaa aaa1pe4. 'l'he oourt OYerrul.•4 ike exoept1oaa and entered Judp a, �.[ l. 0 l l .t .l l 0 1 l '1 1J 1 '1 l L l l l • • l ' ! l 1 l �aooor41ag to the verdiot. We are asked to reverse the verdict on the grouad.a, tirat, to sustain quah tailing that ,he oourt erred in tail ,he de.aw.rrer to the 1nd1otaent an.d end the indlota•nti to strike Shittlei\ or that wu guilty second, that the court erred 1n reputation ot tlu ottenae ot Lawrence Dean, eharged; and, third, illp:roper •vidence as to the oharaot•~ should etate, the nature ot the oase will perait, 1nten4•4 to be oaarged, with as muoh oertaiAty tae taota ao as to olee.rl7 apprise • enable hla to prepare his defense thereto, ooaT1ot1on or aoqldttal the ud thus and tur\her that tho may be plea.4ed in bar ot any tuture tor th• same otten••• Aa a aueral an4 t.h• sue rul.•, a detendant o&J1D.ot'be ahar&e4 in oae oount with two or mo.re 1n4epo4ent a bJeot to ditterent pr•Ten as which coaatitut• acoused ot the oriae with wh1oa he stand.a charged, proeeoutioa t.b.a.t ot the detenduta. An indictment the ori•• u 1nautt1oieat aa an aider and abatter ,ne oourt erred. in ada1tt1q and general and the motions to the OOlllllOnwealth'a evidence, to eatabl1ah Dellll and aet aside the JWlpeD,, oontuaion, peaaltlea. aulti~lioation ottenses, as au.oh, 'l'he reason ot the rule is to ot iaaues, aad preJu41oe to �.t l V ~ a l ' "l r L • ..i t 1 1 1 �Hatoh9r v. OolllllOnw•al h, 106 Ta. 827, j5 s. E. 677; a defendant. 121 Va. 112. 9J S. E. 652i Dige•t ot Va. Pine T. Qgaonwealth, • w. Va. Repena, 4,2 o. J. s., S, Pa&• 6)), (IU.o.tUe), Tol. Indiotm.en~• &114WorJ1atioaa, We have JltJlJ tiau hel4 that Code, 19~2, (Mio.hie}, utm1ng ao,, 1a puel7 1.Jl an 1ndiotunt ia neoeasary seotion atatu.t•r7. to aooura\elJ ot the statute. ot that Conapir Vir- 4402, aoJHt1• • ea.lled th• section and adequatel7 In U .Aa. Jur., 162. 11ld1otmenta tor ataiuto17 It 1• aot req\liaite tor a Tiolation oite4; page 1112, section otteW1es slaoul.4 be oouohed 1n th• laaguqe ginia and oases to ch &• aa, more than charge the telony. J, aeotioa 9, page 5A.9, i't ia aa.14: "The nle diotiona that appears 'to b• well settled a oonap1rae7 to ,, .. ,., and punishable orille, rule where the equal gra4e, offense as auoll, notw1th•tan41n& its obJect, ot whether the oonspirao7 the This is the wl1Ter1al 7 an4 ta• eieoute4 aa4 alao aeeu grade ot ott•n•• ~ut is a 41•t1not haa De•n aoooapliahed. oupira Juria- ommit a or1 • is not merged in the oollDlisaioa ot the OOJII.Pl•$•4otteaae, ot itaelt in aost to l>• 1enerall7 aot are orillea ot true now ngardl••• or ita obJe t ia regar4e4 aa the sue or th• one ia recarde4 aa ot a higher gl'ade than. �.. '""' • • j r . ,Ste Q, oJ:tt ...., V mlj rt. .! - nl ;i 0 • • • ~ Yflil l1o ,ill S ~.( r e 1 l,l ho~ i C .t J:. Lol · l .t 't't 0 "I .. ' jf _ g ' d .u 'l l 0 ;tl LJ • no· u ) ( a In 1J II&l LS I "'J: l. l .O'n . ~r , S::I.Cl a -:rol . L, I .( l o - . O.[ ,ti ' 3 0 ; ~ ~ '. ' .[ a. :0 E 1 T l I;t.:t nl - l rt .. .n.l l .lJ. !l.t t l uet 0 8 1 11 _"ID l 1:"t Lu:t l d l b I I "l V IL "L .rl L ' .. II lq srlj J.. n d ! 0 E. l l ml o i!i ' ..1 l.t 0 a 11; b I 3 B to b "! 1 ... "! "l ...... 1 I .n L 0 2J1 '? 'l �\.b.• oth•r, as where one 1• a tel0117 aad the other a aia4euaur. Soae ot the cas•• haTe atat• -., w,q ot 41•-tua-tllat --••tl7 where a oonapira J ia a a1a4eaeanor and it• atan\iTe or1ae, atanti•• or11185 but this applied a telo 7, the o upirao7 doctrine ob,eot, would •ers• th• •ubin the au'b- haa eeldom been actuallJ and seems now to haTe been generall7 abandoned.# The 111.noritJ 1'111• was tollowe4 ia .Aathonz •• Ooam.oaw9alth, 88 Ya. 8lt.7, 850, 14 "But al.tho itself s. into etteot, spired to be done be a telon7, audit tor the 00D.Qirao7." In State•• 7et it the aot oon- 1• curied into etteot, ent should be tor the t•lol17, WisJUJ1, ~J ia al.J10at the 1dentioal w. Va. la 183, 116 uac• ot or oOD.apua 7 therein oluded la the oriu The 1nd1ot•n~ Commonwealth, s. ot aalioiou E. 698, an th• one before us th• W••t Ylr 1nia oovt tha~ the leaaer ori•• rater and not (Citing oasea.) was held good upon 4eaurrer, of the ott@aoe b7 is oo:m:m1tte4, the oonap1rao7 ia merged in the tel0117, and the indict in41otaent '!'here 1t was aaid: h the ooaaplrao7 is a o• ple,e before it 1a carried and the'teloJ17 I. 284. holdin& oharged waa ia- uaault. betoro ua, aooor41 to the oon~en\1on rel7 sets out the pnl1Ja.1D.u7 atec•• of �b • 'I l1 n d 0 1 tic ;t -:L.t. 'I Ll '"l - .,lj Q; tiJ al I - • ,e .t ,::t 0 0 T iJ j • C alI II 0 l s c, - I -. ~ . e ' I t a.t l 3 0 1 0 Bl ~l J j~,: 1 l. dtl o!'9 't.l o1 .n :to { .e .[.[ 'l "l. £ l . u) I l .t l 'l n al 'Ui LI l -n: .10 0 l • . l. I ! l l tI to 0 �the t loa, oharge4. It 1a contended tut th• all• oal7 a pa.rt ot th• general a oonapirao7 conatitute w.b.io.hthe orlm• charged. waa a part. neoeaaarr to oharg• a teloiq ~~02, and the7 can be reg81'4e4 aa •lll"Pluaage • th• oovt llligll aa to aoheae ot ••r• Wl- Sueh allegat.iou under the •aiJliD& oauae the aTerm.ents or the indiet a\lona aet, Code, aeotioa .Inasauoh as the7 ent ,o border upon d•plioit7 1 have pr perl7 at.ruok out the laaguage nlatiq to a oonapirao7. Virginia Without ~h• obJeotionaole Code, l9A.2, (Mi .b.ie), aeotion ~178. allegations, a t•lo Th.at 7 was oharaed. was the oal.7 oriae tor whieh the Commonwealth aought ooaT1ot1on, and the 0Jll7 oriae 4etend. oharge4 whioh th• 4eteD4ants lor the•• reasons, rul.1.nga ot the 'trial Thi• tliot. we tind no preJ\ld1o1al error in the court upon the demurrer an.cl :motion to strike. \triage us to the ertdeaoe wh1oh was in ahari, oon- In new of the conclusion a new trial, to were required we •hall whioh we haTe reached requ1r1q state oDl.7 ao muoh as 1• neoeaaary to a proper tul4erataad1ng ot th• reaalni.Dg quea\1ona. ot the B. E. ~a7lor 1• an ua4eroover inTeatigator Y1rg1.a1a Alooholi• ie'Yer•&• Control lloar4. work in the area near Bl.ban, tain.1».g 1Btoaat1o again.at Tirgiaia, violators -a- Be we.a uaiped to tor th• purpose of ol>- ot the .A. B. c. Aot. Re �l l • ) t • l l 't 1 • 1 �••• bi-otlgb.t into ooataot with ;olul Crawford, a aaape i•d Ylelator ot the law, who agreed to aot as an iat'oraer otura. h7lor The 4efen4anta, or auspeote4 Tiola,ora ·On J'r14a,, Dean and Shittlett, April )0th, on the ~ollowiaa ni troa th• latier. Elkton ot~ioer, them in to bq wh1eke7, that he had do11.ethis. ollllle to .Elkton a.ad ••t to Dean and Shitt- , tor the p\&l'pose of puroaaaing llaJ lat, and saw both Dean and Shittlett. c. lett On Saturday llight, Orawtord and 'fqlor Dean. Dean, when asked tor wh1alte7, aaicl. drc>Te waa there on a llhopping They enter- to Perr7 Baile7's een1o• aa\ 1a the baok seat and Dean on tae When tb.87 arriYed at Baile7'e, over and atoo4 aga1.nat tll• lett, to briJI& Crawtord, .boweTer, 414 not inform Taylor Crawford an4 Tqler driver. them. that He a aid he told e.ad. taai h• waa goiq ed a ear driven bJ Jl&ffJ .Lea, and seat with tll• liquor Orawtor4 went to he had none; but oould proba-17 ge, soae up the roa4. •tation. were on a Taflor met Crawtord and mad• an On Satu.r4a7 aoraing, Taylor was an A, B. he t'lll'niahed to 1'a7lor 1»7tellow ott1oera. arra.ng .. ont, wherelf7 OraW1'ordwolll.d take Tqlor le\t b7 aaree4 to pay Crawtor4 t2 tor eaoh Yiolawr h•l»•4 to oatah. list ot Tiolation trip. 'fqlor 1ot out aDd walked ai e ot th• a,atioa. who had known eaoh otb.er tor 1 Yl 7d Shitt- Dean u.4 Sl11tt- , becaa to wre•tle, �l l .t l .[ 1 .. �In the oourae ot th• wreatl1ng matoh, Shifflett was puahet. or shoved into Tqlo.r. W1taeaaea tor the oo... onwealth aa14 that Shlt~lett grabhe4 Taylor around the hipa and 'fa7lor att•pted aelt. Dean then grabbed Tqlor till& baok. Taylor ti a.ad began etr1king to tree hiahilll, with TQlor was thrown to the ground b7 Dean and waa aeTerelJ beaten about the tao• and heat. Witnesses tor "11• detenae teat1f1e4 leti, that Dean ud Shitt- who had known eaoh other tor somet1Jlll8, beoame engaged in a triedl7 grabud match; that at'ter they qu.it wrea\ling ue•tlin& Shifflett from·oehil14 ud began wre•tliq Delill ae.14 the aouttl oupt a bad ankle. atepped between Shifflett eparate Dean thu th••• and the two un Deu. duriq and Taylor to used the words and struok Dean wi\h hia tiat. Dean retaliated with the resu.lt stated. denied that h• h1i Ta7lor or aided and abetted the tlgll,. and T 71or and to •r1q He aa14 that be tried to separate peao• betw en thea. ot thea prior to the ti&,tlt. Dean Both detendants 4ea1ed that Orawto.rd ha4 reTea.led the ident1•1 thea or either ha4 said !qlor Ngan to tight, Shittlett with hila; and to be stopped because Bhittlett One ot the witnesses "aoa ot a bitoh," T,qlo.r ot h7lor to Thay said that tlle7 �I b t e l t • J l •t .1. lI l d' ~ 11'0 l ,_ • • l i1 I • l i ,r l 1 l. l \ �cl14 not kn.owhe waa aa ottioer tendaata did not p•t repu,atioaa their ot th• A. B. reapeotiv• c. Boar4. oharaoters Th• de- and seaeral in iaaue. Without pasaing oona14ere4 in the light wa• autt1o1ent upon ite weighi, ot ill to present we are ot opinion tAe oircwastan.oes, a Jv7 the evidence quea~ioa. ~h• oourt pel"'llitted the Commonwealth's attorney, the oaJeotion exaainat1on, trial J\ll7 to ask Shittlett, whether he had been ooavicted Justice oonv1ot1on. ot th• 4etendanta, oourt in J brual7, that, 1946. Bo evidence was presented on oroaa- ot petit Shittlett over laro•Jl7 1n a denied auoh a to oontra41ct him. The wu not told tor what purpose the question waa asked. SbJ.ttlett of assault was also asked whether an.d batter, 1a the trial ooUDt7 in Ootobe.r, l91t0, ottenae in llaJ', l9~S. an4 again He replied Juatioe in the atti.rmative, Th• Commonwealth's altorne7 ta• ot and W14er- ooaviotione. waa allowe4, on oroas-ex- \o aak Dean whether or not he had Hen reoent17 oon- vioted on an aaaault atti.raatlve, court ot Rooldllghaa ot the same oharaeter took to oJ:l)la1n th• reason tor on• ot udn tion, ae had been oonvioted charge. When the detendant th.e Oommonwealta'• atto -11- •1th.on answered ia the a■ ked hill, "That 1a �• J .I. l �ta• \lsual Dean replied your attaJ.ra, ae\\le WaJ' JOU 1• better that •T14enoe ot l>ad general \>e ottered in Virainia th.an tile nl.e oannot, in th• abeeno• r•p~tat1on in 1aaue •1 tirat hie good aeneral NJUtatioa." s. settled by tl'a.• OoJ1110:iwealth 1 unl. ss ta• haa put suoh tharaoter UO, 2) '?o thia it?" "5o." "lio rule ot stat\lte, iaa't ot~•ri a.coaaed evidenoe ot Jonep •• LaCroaae, 180 Ta. 406, 1. 2d, l~a •. ~alker v. CoJJU10nwealth,1 Leigh (28 Va.) ,1~, Culoer,aon v. Coam.oawealtA,1;7 Va. 752, 119 s. &. 87; Ba.rold v. Oommonweaj.t.b., 1~7 •~• 617, 1)6 Va. and • Ta. Ro rta, s. E. 6S8; D1&••t ot (lU.chie), Vol. 3, C~ia1D.al ~••• seotioa 101, and oasea o1te4. It is equal.17 well settled ouastances, under aiml.le.r Gir- it 1~ error to adait in evideaoe agaiaat an acoueed another apeolt1o ottenae DJ hiDl, wholl7 u.noonneoted with t!lat tor which ne 1• put on trial. aaaault and bati•rJ ditterent that, ta,• Ev1denoe ot the prior -1 ta• 4•t•D4an.\a upon oth8r p•raona at 4itterent plaoea, 147 Va. 66.), 669, 1)7 s. s. . E. l)J. 1 ot on w&a noi &4mia11Dle as oom- 1.ng w1ta1a aa7 exception to tlle rl&le. )8), 3911 1-0 ottensee ColT1A v. CollllOnwealth, 476; Limoay.ll .... OOJIWlOD.wealth, 1~9 Va.. �• I. 'l lL • • • •• l l -ii .~ o.l 8 i 0 lJ 'I 'S • I • • • { . . ) • i 1: l • • LL • : 1S • • • L •• • 1 • • 1 .be l - 1. ,U al 1 l II t • l I l I I .I.; y 8 - • 't , l o e l • • V • • • L- 1 . • �111ColT1n y. Oop.onwealth, supra, ,.tda was aa14 b7 "G•••raJ.17, it is not ooape,ent, on th• \rial or1111Dal.oase, tor the Comonwealth to otter prior, iadepend•nt Suoh •••tilloBJ ori•• plea41a.ga, and would be an utair aocuae4, who doe,~• eTery aot ot hia paai lite. ••••1111DD.7 ot a 1a no\ within the and pi-eJu41o1al ,o the 1upri.1e oome to the trial o~ a p:re:pare4 to Tin.dioat• Bul the exception ,o the rule ia aa well estaoliahAJd as the rule itaelt, that auoh •••tilloa7 a411.1as1ble, wb.en it ahowa 11.0tiTe, latent ia or gv.ilt7 knowledge, or 1a oonneete4 with or lea4a up io t•• o~t•na• tor whioh the aocuaed ia on trial. )96." 1 Wig. ET., •••tioa In Bland T. Oop.onwealth, 177 Ta. 819, 1) )17, the 4etenda:at waa ,:rled tor the la.roe Teati 'AJ waa a4Jl.1tted to proYe that E. 24, ot an automobile. be had been oonv1oted some tiTe years betore or aleal.1.ng amt.bar autoaobile. ,o.a, the toraer s. ooay10,1oa was a ••pua\• troa tb.at harged. and could. 11ot M properl7 ahow gllilt in the later It was held and dia\iaot oriae and l•&all.7 proYen to oase. In QULpDell •• Coaqnwealtb., 24, 577, tb.e late Ml-. Juatioe 176 Va. 564, ,,,, .Bro1'1liag, deallag 11 s. witb. a aWlar I. �• l • l • ' • ( • • . I • l: • t • I y .L. l • 1 il • .[ �que•tioa, aa14i •In. oontr 41al1no,1oa ot a orille at one -tlae, atruoture and a\ a 111)aequat The quet1oa• the etteot ot eu1;1q J\U"J' box, The 4eten4aau offense with which tuJ reatrain aa asked and '11• eTideaoe adduced had an innueato untaTOrable to tha were requae4 were eharge4. his ooaT1otion row mr: he aaa COJlllll1tie4otllel'a. perhapa, ot our ln oal.7 to••' into the th• apeo1t1• The rule 1s intended te 111!cAone ot nol~41ng regard• a detendaat, otteAse 'beoauae, It 1• againat.t.b.e tradition to oonviot a aan or a apeoitio he 1• 1•••rall7 to ottena•• proot within the 11.mita ot the oharge againat and to pNTen• ••olioa 1.aproper, under the oirowastanoes, ta• witneaaea io be questioae4 as to ap•itio were on trial. unfair ,1.ae M aa wait• ot aalTat1on UPon whioh it 1• built.• It waa elearl7 allow one •&T be gu.ili7 ot U• o lllll1 lo oriu MHlJ •• a aan ot ba4 reputation. beoauae The pol107 auoh eT14ea • ten4a to preYent ooatusioa ot iaauea, nr,priee, a.ad wa4ue :,reJu41••• 1 W1gaore, h'i4enoe, (.3rd. J7. 7or an 1atena-t1q diaouaion ot the h1atol'7, purpo e, -)1 , �. :b.t • n l Ll 0 .e d'ld 'l • • !l "!. 'II • 0 ! ;;t 'O :t oltav '!IJ.t J ol l -01 L n .to • l.1&l· T 'lrui 3nl a , t;t 0 "1 n: l: do 11T • 'to d J: 'l 0 l it. I • ':i jo ) ..o 0 • 0 ol L "to t.u ol .ba L t l or.: C ut I l ;-'I • t .d-.t t I. ,e ., J n 8 il l 0,1 "! "I oe • .t U"l I -b ,8, 0 q_.u .t .t b .d V ''I: o!':L. 1.t :n ' ' 8 - 0 1 1 • I-- 'I •nl o'I 1 .t "t!ll.i .l: 0 �aa4 traditlcm 4etendot'• or ill ot the s.n•ral prior trouble ,aat r\ll.• •1~h the law, apeoltl• fraudulent otten••• conduct to establish recent oase ot 10.ohelpa y. ll• or1a1nal aota, exoep, when ta• prior crill• au.e amoag his n.eipbora, ia an el ... at ot the later iae State ••1 aot ahow a or 41aoloaea a oo\ll'ae ot fraudulent i•• 69 s. i•~•nt, see the Ct. Re». 21), u. a• • • ,or the forqo1q :reaaona ihe ~udpleat ot the trial eo\U', 1• reTerae4, the Ye.rd.iet of the Jury ••t cause r8ll8J14e4 tor a new tria.l aa14•• and thia in aoeor4anoe w1~h the Tiewa herein expreaae4. ReTeraed an~ rem.anded. �l l l .. l. C 0 • �~ a arr char t - 0 ade etty, ssue him' in Rock 1th do e eoy rele sea and 11.respo s bil aving under ~ ~---,;.-~...-.q._- comr tted rge 1th that my nand th day oI ~ebruary Virgi,ia a simple tl e said l~ao~llt request ~tnesses: ~- ty on the gham County, 1ct ct sc~ and ao respectfully Giver did ror assault 9 LaNre~ce u on me. Lawrence ean from said alle ea assault, .t bed snissed. sa~d warr s 1th for 1 aay 01 ~ebruary 1~4 • ve Dean L ny �... 1 �STATE OF VIRGD.JIA COUNTY No______ . To-Wit: _ OF_'--~-------------- TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, (Name) .... cr:__..-i~"-''h-f,"'+"''.,;f)../=_.!,..z-..t,L-f=--c=.._._,r~---✓ "------=--t:::..J,_...... ~=--"--""· did on the /3-k , ~,_ day of___ ~,_-___ -_· -=-__.in t,/.c___-_~_~"":'r__.'--"· '--=-,.,,__...:=,,__ _____ ... the said County ...,_____~--=-.----- I These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law, And you are also directed to summon ----------------- color ____ Address ___ , -------~~------~ _________________ color ____ Address ----....----------------w __________________ color ____ Address -----------~---t--w __________________ color ____ Address ---,------------------,--L!.l __________________ color ____ Address ------....--~-------LJ as witnesses, Given under my hand and seal, this JJ Yl dal'. o._£----'-( itl4 of f.{utg fficcr) II (Seal) �, to-wit: the County aforesaid, State of Virginia, do certify acknowledged to the Commonwealth be made and levied of their ~ctive upon this condition: That the said Dollars of _ goods ·and chattels, lands, and teneme g:,r-etl<?~~ 1 J indebted of Yirainia in the sum of -~~~r,2:._.:~z..i::.,:::c:1:..::i!,,i::!!!l:;.~a,..;~~-"~#-!ee(:4',~i,JJ~---------- ($,/1Cb J!.!f:_ ), to be themselves <:_o~~tY.:,.;'i'li,e ,. 1'? cJ/) 1111a-.J',;>~tlay the use of the Co~m~nwealth , shall appear before the of Tr.iafJ~:ti~e ~ to Court , 19.>/1--, at Y., at ... ~ta1{nia, and at any time or times to which the proceedings may be continued or fur~r he~rd, and before any court reafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offenae with which he is charged, and shall not depart thence without the leave of said court, the said o,bligation to remain in full force and effect until t charge is finally disposed of or until it i11declared void by order of a competent court; and upon the further condition that Given under my hand, this g •r: s= ...... I» a :;, CJ) "rl >-i 0 g_ c:.: S- s· l'D 0 ::, n 0 ~ "' l'D s· IIQ > .... g ~ I» IJQ l'D > ... s= .... 0 ~ I» 'O 'O ::s p. .. ri l'D ... I» I» ::s p. ~ ; a' n 0 ... ti::I 0 n e: p. l'D ... "'"'"' ::s l'D l( l'D '< \ \ 0 ::s ~- ; s, .. l'D "' "' l'D f \ r n0 § .... ~ �\Vitness Subpoena Commonwealth of Virginia: • County of Rockingham, to-wit: To the Sheriff of said County, Greeting : You are hereby commanded, in the name of the Commonwealth of Virginia to summon,~----~---- Wade Zetty .Lawrence Dean to appear lilefore the Trial Justice Court of said County, sitting in said County, O'h :},1th day of..._ ____.J ....... u... J-.11----, of that day to give evidence in behalf of _ds. te half beerr changed in the pending v. to Harrisonburg, 19---49....,at the hour of.__ ~jrgioia ' ...,3,,...: .... o~d-.~n•riM!i&-e-.--.,.,"--. m rem:ind Lawrence Dean t.bat .b.i, trial 11 , 1 g:4g at 384) 1, , , Com~t,,h,, (and July: :it case of -~OM,o~&-•..,t ... ll~·.-----------------------------·--' I4,wrence Clean Given under my hand this,__ =---- 4 11 ..,2,..,4:.tu..b.,1,1,_ __;day of o I �Not fi~ding Wade Zetty nor any member of his family above the age of 16 years at his usual place of abode, executed July 5, 1949, by posting and leaving posted a tPU.e copy of the within summons on the front door of the said Wade Zetty•s usual place of abode. • 12,L , /,i;i!-~. for am . Callender, _,Dep S.R.c. • fl 0 ~ ~ '1 8 ,:::; t:, I-' tO - 1:1 I-' I-' h Ii b g 11) (J) (J) ~ (fl .... 11) i:: <» ~ I '1-i c:, () ~ I ~ (J ~ I ,-..,-..,-.. ~ ~ .. < - ~ O" 'c z 0 9 ,(1) ~.,_ ~ Pl ~ I ~ • IT ~ "!I .... ◄ EXECUTED64,#jlft-N. THE COUNTYOP ROCKINGHAM BY DELIVERING A TRUE ,/r CO~Y OF TEC WITHIN TO~ f.ll.,cu1U<t4' IN PERSON . C • f,.. ~ e4 :1<":= • ' * dJ .'29kd4 ~ rdtz, .J~-1£14&,Jlft <-<.ff4· _Jlf,, .w»t .,....; �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth ... Zettz ) l of. Virginia to summo.~------·--- f, Lawrence Dean to appear before the Trial Justice Court of said County, sitting_ at.__ _.H...,a"'"-r.._.,..._j.._9..,o...._nu.hu1u.1r,1,.;gE.+,-V.a...a.i,.rgi~.1.llu.i,111&1 in said County, on 24th day of ' 194!L-, at the hour o,fL____.2 ...:>.\.o .... o,,__1>;~J4.a.,------- 1lay of t11fili_~~ to give evide~ce in behalf of ComI th .(and. to rem.ind Lawrence Dean that in the pending v. 1 Jl1; caSe of _c..... a.... m.... ... b.__ ________ is his trial •__ --_ ... _.:..._·~-------------------.-------- ... LawrenceDean Given under my hand this this 21Bt day of �. 8 i¥- ~- s- ~c-t,. i ::J-- ti (I) § ' !' ' -~ ' ' ,., U) ~ tI Trial Justice Court ----~Docket ~ No. __ _ 'I:. ''-l) 0 b Com1 +,h c-t- ?-~.' ~ J? ' ' ~ ·~ ( V-. ( Witness Subpoena ( ' Lawrence Dean To May 24, 1949 at 2PM I . ,---· 0 �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said Omnty, Greeting: You are hereby commanded, in the name of the Cominen~vea.lth of Virginia to summo.,_________ -----------~r~~~~--·-·_· ---~-•--~-" 11,__ :·•• -~-~~''"°='~ _ G>~ ---··--·---3b to appear before the Trial Justice Court of said County, sitting in said County, on___ ....:,__,day 0£....__ of that day to give evidence in behalf cit iiarriaonDurg• •__,....;;,.-r--"'...,--__ _,;·19·. ·, at the hour of.____ Fleft Mitt.I, ' v. Given under my hand this ~ a..c....,O,...O-J>-•.,.g.,. ____ ........--r,-,..,. ,.....,,.,.,__....,..~....,...,..•""•...,.,;::.,,.r-:-..----------------tam~"=.' 0£,__~-----~ in the Yirg1nin day o£~lY---r-+---{};--H--~ ......... �Trial Justice Court ----~Oocket No. 4 ... i;!.?£7 t ( V. ( Witness Subpoena ( �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: _ To the Sheriff of said County, Greeting: You are hereby commanded, in the name ol'fue 11&,-,0d Leake, a.bf. Pollo• llktcm., in said County, on-----E,ML--_,day v. Commonwea1th of Virginia to summo.~---------- 31.. of__ l,a.l;.__-i,_.,. ____ , 19____., at the hour of--~~--------- �--------~--=----...,,----------------~------------ Trial Justice Court ____ :Uocfcet No. A 2'127 728 ( V. ( Witness Subpoena ( tt l ll, l • t • �------------------------~----------------------------------~ INSTRUCTION,No. The Court instructs resting reasonable element does not mean that to establish certainty the jury that the burden upo~ the Commonwealth to prove the accused beyond all material 1 doubt of an offense thereof, it the guilt or beyond all charged against is necessary guilty and every the accused, for the Commonwealth of the accused to an absolute possibility more than satisfy the jury that whole the accused is guilty of mistake or to do upon the evidence thereof beyonp all as a reasonable doubt. -- (Signed by the Court's initials). ---------------------------------------------------~----• 165 (The instructions copied on Pages 155 to and through 166 were evidently given; they were not marked as refused, as were the others here copied). �j' �------------------------~----------------------------------~ INSTRUCTION :No. The Court instructs resting the jury that the burden upon' the Commonwealth to prove the accused beyond all material l reasonable element does not mean that to establish certainty doubt of an offense thereof, it the guilt or beyond all charged against is necessary guilty and f!Very the accused, for the Commonwealth of the accused to an absolute possibility more than satisfy the jury that whole the accused is guilty of mistake or to do upon the evidence thereof beyonp all as a reasonable doubt. (Signed by the Court's initials). 1~5 (The instructions copied on Pages 155 to and through 166 were evidently given; they were not marked as refused, as were the others here copied). �\ -.../ �---------------------~~~-----------~-----------------------~ INSTRUCTIONNO. 2 --- The Court instructs in this case, it warranted the four following injury; to-wit: (3) Assault instructed that and maliciously to another, intending wounding or wilfully, wounds or causes bodily thereby either injury to maim, disfigure, disable Unlawful wounding is committed when one such other. person wounds or causes bodily injury wilfully, and feloniously, thereby either to maim, disfigure, Assault and battery an angry, and malicious is committed when one person unlawfully, or kill wounding or Not guilty. (4) feloniously fully, you may find one of (1) Malicious wounding or injury; You are further injury under the indictment by the evidence, verdicts, (2) Unlawful battery; the jury that is any physical rude or insolent to another unlaw- but not maliciously, disable injury or kill intending such other. done to another in manner. (Signed by the Court's initia).s). ------------------------------------------------------------156 �·- �------------~--------------------------------------------- INSTRUCTION NO. The Court instructs applied to this express anger, and revenge, justifiable any deliberate or excuse. duty, not only and unfrom reasonable Malice in law is every evil depraved is meant that de- the act has been as are ordinarily and malignant indications and fatally It or implied act done without with such circumstances with them the plain as sense. but every unlawful and by it toms of a wicked, social malice It includes It may be inferred and cruel sign in general; attended or implied. motive. provocation the jury that case is used in a technical may be either hatred 3 spirit, of a heart sympand carries regardless of bent upon mischief. (Signed by the Court's initials). ---------------------------------------------------------157 �• • �-------------------------------------------~-------------- INSTRUCTIONNO. 4 The Court instructs intent may be proved like direct or circumstantial of both; ditions therefrom and if facts, the jury that any other evidence surrounding are proven which warrant of the existence same may be inferred fact, the malicious by either or by a combination circumstances and justify of such malicious and con- an inference intent, the therefrom. (Signed by the Court's initials). ----------------------------------------------------------158 �I • ----~ .....-- �----------------------~~-~-~----------------------~------ INSTRUCTIONNO. The Court instructs 5 the jury that one who is ' present at the scene of a crime aiding participating crime. therein is guilty The Court further ment or act of assistance tells and abetting as a principal the jury that constitutes or in such an~ encourage- participation in such crime. believe The Court further instructs from the evidence beyond a reasonable the prisoner, the jury that Lawrence Dean, aided and abetted Shifflett, assaulted prisoners, Lawrence Dean and Floyd Shifflett, fix their punishment jury in this H.E~Taylor, in accordance then you shall if you doubt that by Floyd find the guilty, and with the charge to the case. (Signed by the Court's initials). ------------------------------------~------~-~------------ �J. �-------------------------------------------------------~-INSTRUCTIONNO. The Court instructs of witnesses is a question the law is that, directly -- exclusively to each other, the number of witnesses one side as against side; the jury that ance of the witnesses timony, apparent intelligence witness from all trial, right other to determine their and consistency candor and fairness, of the trial, surrounding determine testify who may have testified or ·1ack of intelligence, in the result and the jury is not bound to on the stand, the reasonableness their for the jury; the number who testified the jury have_the fying, the credibility where a number of witnesses opposite regard 6 which witnesses on the other from the appearmanner of testiof their tes- their apparent the interest of the if any appear, circumstances on appearing and on the are more worthy of credit , and what is the relative to give credit (Signed by Court's accordingly. the initials). weight of any such testimony, and ��-------------------------------~---~-------------------- INSTRUCTIONNo. B. The Court instructs may find the defendants, Dean,or felonious either assault, caused bodily doubt that injury words, to find either of these must believe jury may find said Taylor, or kill that two charges and Lawrence intended and without assault or or one of them, with the intent to the said H.E.Taylor. of the defendants against to permanently such intent guilty them, the jury they o~ the one, if either, guilty, you from the evidence they, to H.E.Taylor disable before of malicious you must believe maim, disfigure, of either Floyd Shifflett of them, guilty beyond a reasonable In other the jury that which the injure the they can be guilty only af simple assault. (Signed by the Court's initials). ---------------------------------------------------------161 �---_,J ~----- �---------------------------------------------------------- INSTRUCTION No. C . The Court instructs which the defendant, - the jury that Floyd Shifflett, H.E.Taylor did not, and unless the jury believes reasonable doubt, and abetted of itself, that unon the said H.E.Taylor, Floyd Shifflett, (Signed Court's by the may have had with constitute an assault, from the evidence, defendant the defendant any tussle Floyd Shifflett Dean in committing they shall find beyond a aided an assault the defendant, not guilty. • initials). ------------------------------------------------~------162 ��---------------------------------------------------------INSTRUCTIONNO. D. The Court instructs believe from the evidence was the aggressor apprehended - bodily and that in this case that if they H.E.Taylor Lawrence Dean reasonably harm, then he had the right force as was necessary lieve that reasonably the jury that to protect himself, and if you be- the said Dean used Qnly such force deemed necessary to nrotect to use such himself, as he then you should find him not guilty. (Signed by the Court's initials}. -----------------------------------------------------------153 ��--------------------~~~------------------~---------------~ INSTRUCTION NO. E. The Court instructs every person guilt beyond a reasonable Commonwealth, and this - stage thereof; through hearing the entire the evidence they bear a reasonab1e goes with case and applies that to every although case, the defendant Floyd doubt, on behalf Shifflett, or circumstance essential them in the indictment, they its yet if after of the prisoners, doubt as to the guilt ant Dean or the defendant made against of innocence beyond reasonable introduced his doubt by the Lawrence Dean and/or were guilty to any fact until when the Commonwealth closed the defendant Shifflett presumption and they are instructed might have believed, that the law presumes charged with crime to be innocent is established the prisoner the jury that of the defend• on the whole case or as to prove the charge it is their duty to give the accused Dean and the accused Shifflett the benefit them of the doubt and finAfor either of them, as to whom they have a reasonable doubt, not guilty. (Signed by the Court's initials). -------------------------------------------------------164 ��------------------------~--------------------------------- INSTRUCTIONNO. F. The Court instructs one of the essential - the indictment, elements doubt. consistent inferred "intent" is of the crime charged in and the Court tells of proof to prove "intent" and that the jury that you that the burden is upon the C0 mm.onwealth, the same must be proved beyond all It must not be inferred reasonable from circumstances with the guilt of the accused, from circumstances inconsistent in• but must be with the illll())- ' cence of the accused. (Signed by the Court's initials). ---------------------------------------------------------~ 155 ��---------------------------------------------------------- INSTRUCTIONNO.G. The Court instructs is one of the elements - the jury that of malicious assult malice and that the burden is upon the Commonwealth to prove malice beyond a reasonable of the defendants doubt, in order of malicious to convict either assault. (Signed by the Court's initials). ---------------------~--~--------------------..... ---------~ 166 ��----------~-------------------~--------------------------- INSTRUCTION NO. Z. The Court instructs - cused Dean and Shifflett offence alleged against the jury are instructed to consider sidering case, evidence the guilt the jury that are on trial that (Marked) only for the and they are not at liberty of other law violations or· innocence as witness the ac- them in the i~dictment, but may only be considered credibility 1 of the accused in connection & as to their in conin this with their intent Refused (Signed by the Court's initials). --~---------~--------------~-----------------------------167 ��----------------------------~----------------------------- INSTRUCTIONNO. The Court instructs Dean and Shifflett - ·alleged against sider of other the accused only for the offence them in the indictment, that the guilt the jury that are on trial are instructed evidence z. end the jury they are not at liberty or innocence law violations to con• in considering of the accused in this case. ( Signed by the Court's initials). ---------------------------------------------------------168 ��--------------------------------------------~------------- INSTRUCTION NO._!_ The Court instructs believe - the jury that from the evidence Taylor was the aggressor Floyd Shifflett attempting in this to break up any fight whereupon Taylor tried struck between the two, the said Lawrence Dean, and that deemed necessary (Marked on margin) on Lawrence Dean, in to separate then he had the right he reasonably H.E. or scuffle the said Lawrence Dean reasonably harm, that case that and made an attack and the defendant, Taylor and Shifflett, if you apprehended bodily to use such force to protect as himself. Refused (Signed by Court's initials). -------~-------------------------------------------------169 ��-----------------------------------------------------~----- INSTRUCTIONNO. X. The. Court instructs the jury that reasonable doubt is one that excludes reasonable hypothesis that except a every of guilt. {Marked)Refused (Signed by the Court's initials). (Added below): Court discourages defining A reasonable, would be confusing ------------------------------------------~--------~-----170 ��-----------------------------------------------~---------- INSTRUCTIONNO. Y The Court instructs believe from the evidence was the aggressor apprehended - bodily lieve that the said Shifflett should find him not guilty, beyond a reasonable H.E.Taylor reasonably himself, to use such and if you be- used only such force to protect,himself, unless doubt that aided and abetted-Lawrence case that he had the right to protect deemed necessary if they Floyd Shifflett harm, that as was necessary (Marked} in this and that force reasonably the jury that as he then you the jury believe thereafter Floyd ~hifflett Dean in assaulting H.E.Taylor, Refused no evidence (Signed by the Court's initials}. -----------------------~----------------------------~171 ��Copy of"Commonwealth's Ex. l." ---------------------------------------------------------My name is John Crawford. and have one child Merak's I am 23 years one year old. I live at Elkton above April 29, 1948, John Duff and Tom Bailey came to my house to search me for whiskey. turned me in for having whiskey. I told .th.em I didn't have and Lawrence They aske.d me if I would help them catch them. I them I would help them and they said they would bring a man in. I planned try to buy whiskey. was afraid thought to take the man around J!·riday night I didn't Bailey that Saturday night They are two rough guys. have anything and they would come up and beat me up. about 7:30, Taylor and I went down I asked him if he had anything had gone around back. We got in back seat us where of car and in a few minutes Lawrence Dean came to his car with Harry Lamb. drove out of Elkton up to Perry Bailey's Floyd Shifflett in a 1934 or 1935 one-seated was. He said he didn't but to go get in his car and told When we got there, I Floyd and He. looked around and asked where Millard I told him Millard to because I my wife was sick as an excuse. town in Elkton and met Vean. it was. night and Duff would say some.thing to Lawrence about it to drink. go Friday of Floyd and Lawrence. I used the fact - Someone had They asked me if I knew Floyd Shifflett Dean. told I am married plant. On Thursday, any. old. servide was talking Chevrolet. He left Harry Lamb station. to some man that car and ------------------------------------------------------172 ��----------------------------------------------------~----we all got out of Dean's the building Taylor was standing with his hands in the pockets one foot against scuffle car. the building. about ten feet of his pants from where 'la.ylor was standing a pack of cigarettes. I was in the store When I came out, arms buckled Dean came up and pulled and Lawrence and Floyd started p~ayed around to where he was. Taylor had their up beside and buying Floyd Shifflett around one another. Taylor to and Lawrence away by the neck. Then Lawrence and Taylor went down and Lawrence got on top and started beating Taylor. Taylor had his faceturned ground to keep him from hitting tried to pull Floyd helped- and Lawrence apart. we heard I got him by the arm. sure it was Floyd-..get some one coming. After I Taylor Taylor and I ran on down the road when went on to John Duff's - him in the face so much. Lawrence off Taylor. I'm pretty down toward We walked to Elkton house to get Taylor I got back to Elkton, and then cleaned up. I went to the bowling allay, and Lawrence .L>eancame up to me, he told me '.L'aylor was a tough guy and ~ad given him a black eye. He asked me who he was and if he was kin to Taylor in Elkton. because morning before I had told him on Saturday between 9:00 and 11:00 o'clock,that'I He knew who he was was comillg down with revenue man to try to buy some whiskey. He.said dirty He didn't thing statement to do-try a~ that told him because he'd see h_im thst to catch people. the fight that was a make any time as to what he was going to do. I was afraid night he would beat me up. when I brouglt him (Taylor) I He said down.- I -------------------------------------------------------r1z ��----------------------------------------------------------never-did because it. tell Floyd about it, but Lawrence must have told Floyd came up to me Saturday Floyd told night, to bring me if I couldn't Taylor about noon and asked me about find him around town that up to his house. Lqwrence Dean and Floyd Shifflett yesterday to see me. what they had called me to, said. Floyd a "dirty Che fighting. They also tales. do something--! don't They told me to say that Taylor son-of-a-bitch" said Floyd also tell the and that to say that had started 'l'aylor had tried when while they were them I would or wouldn't tell their said to tell that when they had their arms buckled around one another that ~aylor search I know Guy Monger but I didn't that - I didn't tell they'd to kick Lawrence in the privates fighting. came up to my house They told me if I didn't ~ale the way they told know_just him. night. there that. He didn't because him try to separate was trying see him around the fighters if he was I would have seen him if he had tried Lawrence Shifflett was a by•stander to while to do the tight was g&'l_ngon. I didn't know they had any plans going over but I thought it somewhere. I didn't to give Taylor maybe they were going toge~ know a fight noon, he said he didn't something other in a package. threats to Floyd Shifflett have any whiskey Neither about the man. into was going to start ~ th~ time I went in and bought a pack of cigarettes At the time I talked a at from Perry. Saturday about for themman but he had Lawrence or Floyd made any They must have planned where to --------------------~-----------------------------------174 �.. �---------------------------------------------------------meet, and I believe waiting that for Lawrence, was already while we were in the car Saturday that he contacted at the service hang around that good friend filling station of theirs--he I didn't tell station because Floyd when we got there. all doesn't the time--Perry They is a care what they do. anybody except Lawrence and Floyd that a revenue man was going to be with me. know it until Floyd, night They didn't afterwards. My wife didn't promise me any money for my information. When I talked noon, I told to Floyd ~hifflett him that the revenue agents on Saturday about I could make $35 or $4:o a week by giving information and helping to buy wh~sk:ey from bootl1:g·gers. I made the foregoing informed a criminal that statement the statements therein voluntarily and have been can be used against me in prosecution. Given under my hand this 4th day of May, 1948. (signed) -=-=-J-=o=r-h_n_E.,_l__,m~e.:.r_cr_a.:.;..wf..:.....o:.::r...:d:__ ____ _ Subscribed and sworn to before me by John E'.Crawford, this 4th day of May, 1948. My commission expires (Signe_d_)_V_i-r_g_i_p_i_a~L_._st_i_c~k~l~e~x--=--.Notary Public November 3,1951. (Each of the four pages from which this was copied contain, on right-hand margin,the initials J E cl• ----------------------------------------~-------------175 ��(Copy of "Ex. 1 of Defendants.") ------------------------------------------------~-----------John E.Crawford. Elkton, Va Box 285 Wife - 1 child Friday - girl (1) Night - Met Taylor Elkton 2 Taylor - 2 3 Port Republic with Duff & Bailey agreed to pay me $2.0.Q_ FOR OK for Cup of whiskey - On 1'hursday - ~greed with Bailey Did not work .lfriday Night Sat nite Met -to do the work. as wife was sick - Made date for - Abt 7:30 Taylor Sat ni te in Bailey Bailey - going to') left and Taylor car with Baily & h.is wife and I came to Elk with Lawrance Deane. Asked L D for whisky said would take us up road to find Got in his - car by RR with Taylor rode around back to Baileys out - F. Stalked . fTaylor some Law.D. Harry Lamb & me in Back - All got to somebody - F S & Dean got to scuffing - not mad Went in Store were soufling, fighting tried for cigaretts When I came out Taylor & F S L D ran up & got Taylor both Went down L . D on Top. ◄ to pull Lawrence Doff Elkton ... .us Hit him 2 times .. I & F S helped me a got up and we went on road running Deane after around neck and started s. Taylor - looked Back & thought ran abt 50 yd went into field - vame to Dutt ent to Duff's home Washed . Came back to Elkton_ got out. I --------------------------------------------------------------tab176 (lThe part COP.led above was on two pages of ruled et paper, in pencil.) �.. �(Continuation of copy ot "Ex. 1 of Defendants.",-the on third and last page of ruled tablet paper,also (Corner paper torn). ~~$U$$~•$~$~$$•$•••••~$~•••$~••••••$•l•$•••$•~•••••••••~• of ~ F Shiflett " 2 L 3 L - Deane 1. Ray(?) 2. .Bill Via • Place in Elkton Port Republic Lawson L part in pencil.) i_Ajjowlig ally Saw- D after fight W Did not see any of them after this Sat nite - Did not see any of them on Sunday. Monday - F. & L came to my hous~ - Did you know that was revenue Man - I denied C & g (?) Construction Alex I knew him - (Written with the paper to one side, five so that turned these words did not coincide with the lines of the rul.ed paper). --------------------------------------------------------(The pencil marks on the copy are an effort to represent the punctuation used on original and the way a capital letter or something else was marked out). 1?7 ��Commonwealth's Ex. 1. My name ia John Crawford. I am 23 yeara old. and haTe one ohild one year old. I am aarried I live at 11.kton above Merak's plant. On Thursday, April 29, 1v,e, John Dutt and Tom Beiley came to m7 ho~ae to search me·tor whiskey. tuned any. me 111 tor haTing whiskey. Someone had I told th·em I dldn'' 'l'he7 asked me it I knew Ployd Shifflet, Dean. have and Lawrence !hey asked me it I would h·elp them catch them. I told them I would help them and they aa14 they would bring a man in. I plaued try to bu7 whiskey. wee afraid to take the man around hi day night t·o I didn't go Friday night beoauae I of Floyt and Lawrence. I uaed the tact They ere two rough guys. that my wife wea aick aa an exouse. thought Bailey and Dutt would aa7 aomething to I 11074 and Lawrence about it and they would come up and beat me up. Saturday night about ,:30, Taylor and I went down town in Elkton aad aet Uean. to drink. I asked him if he had anythiq He looked around and aeked where llillerd I told him Millard had gone around baok. waa. He said he didn'' have anything but to go get in his car and told ua where it was. We got in baok aeat of car and in a few minutes Lawrence Dean oqe to hie car with Harr,' Lamb. drove out of Elkton up to Perry Bailey's When we go, there, llo,-4 Sb.ittlett in a 1934 or 1935 one-seated service waa talking Chevrolet. Be lett BarrY Lamb station. to soma man that car and -----------------------------------------------------172 ��. -----~-------~-.~-·~----~---..----~~---..--~-~' ' ' we all gol out ot Dean's car. Taylor waa standing up beside t the building with hie hands in the pooke1ia ot hie paata and • one toot against aouftle the building.· about ten fHI a pack of cigarettes. had their lo from where 'lllylor wae standing and played around to where he was. fa7lor Lawrence and 11074 started I waa in the store buying When I came out. Flo)11.Shiftletl ams buckled around one another. Dean oaae up and pulled and Lawreaoe Taylor away bJ the neok. Then Lawreaoe and Taylor went down and Lawrenoe got on ,op and started beating Taylor. Taylor had hie tao~tuned ground to keep hia troa hittina tried hia in the face so much. I to pull Lawrence ott Ta7lor. 11074 helpe4--I'a pretty and Lawreaoe apart. down·toward I got hill by the arm. sure it was n07d-•get Taylor Taylor and I ran on down th• road when we heard some one coming. We walked to Elkton and then went on•to John Dutt'• houae to get Taylor cleaned up. After I got beok to Elkton, I went to the bowling alley, and LawNnoe Dean came up to me. he told me Ta7lor was a tough guy and ha4 gi Ten hill a blaok e7e. Be a eked me who he was and it he was kin to Taylor in Elkton. He knew who he was because I ha4 told hia on Satur4a7 morning betore the fight between 9sOO and 11:00 o'olook.that I was oomillg down with reTenue man to t17 to buy some whiskey. Be asid that waa a 41rty thing to 4o-•trJ He didn't ateteaent to catch people. make any at that time ea to what he was going to do. told hill beoauae I wee afraid he wnu1d beat m.eup. he!.4-&M..Ja.Sa..tu: .Ja.i&bLa.U.-l-~.'111-1tutttl_4i!!j:gI I He said ��I nSYer did tell 1'1074 about 1t, but 1.awrenoe·muat haTe told him beoause 11074 came up to me Saturda7 about noon and asked 'me abou1 . it. 11074 told me if I couldn't night, find hi■ around town that to bring Taylor up to hla house. Lewrenoe Dean end 71074 Shittlett yea,er4ay to see me. They told me it I didn't tale the way they told me to, they'd know Ju ■t what they aaid. had called n074 a "dirty Iha tip.ting. came up to my house tell the do aom.ething-~I don't They told me to aa7 that Taylor son-of-a-bitch" and.'that had ■ tarted aa14 to 1a7 tllat •ra7lor had trfe4 They also to kick Lawreaoe in the pr1Tatea when while they were tigh,tns. talea. I didn't tell th•'I r10J4 al10 said \o tell would or wouldn't tell their that when they had thelr· araa buokle4 around one another that fa7lor was trying searoh hia. I know Ouy Monger but I didn't that nipt. Be didn't tr'7 to separate see hia around th• fighters Lawreaoe Shifflett was a by-stander he waa it there beoauae I woUld haTe seen hill it he had tried that, to to do while the tight waa going on. I didn'' know thq ha4 any plane to g1Te Taylor a going oTer but I thought 118Tb the7 were going toge\ it 1omewhere. I didn't know a tight was going to start the time I went la and bought a pack ot oigarettea At the tie I talked noon, he aaid be didn't aoma11.hingin a paokage. other \hresta into to 11074 Shittlett at from P ny. Saturday about haTe any whiskey tor themman but he had Be1ther Lawreuoe or 11074 aade any about the man. The7 must haTe plaued where to ~~--•~-~---~~~-~-a---~---•-~•~-------~---~ • • 1?4 ��---------~--------- ...___ ......... -.-------------------------------.-.-----.... meet, and I belieTe that while we were in the oar Saturday night ' waiting tor Lawrence, that he oontaoted 11074. beoaua• 11074 was alrea47 al the aenioe hang around that fiiliq good friend I didn't when we got there. The7 station all the time--Perr,- of their•--he tell atation doesn'\ 1a a care what they.do. anybody exoept Lawrence and noy4 that a revenue man was going ·to be with me. Ky wife 41dn't know it until They didn't afterwards. prom.la me an7 money for my 1nto1"118tion. WhenI talked to ~1074 Shitf'lett on SaturdaJ about noon, I tol4 hia that I could make $35 or MO a week by siving the revenue agents lntoraatlon f'rom bootlegJera. • I made the foregoing inforaed and helping to bu7 whisk"er Toluntarily atat•ent ,hat the statementa therein and haTe been caa be used against me in a criminal proaeoution. Given under my hand this 4th day ot Jla7, 1g4e. Subacribed and sworn to betore me by John E.Crawtord, 4th day ot lla7, 1948. • (Signet) K7 oommission expires !u i1,:9r • lot ey b Vka!DJI Noveaber 3,1951. thia ,j 1o (Each ot the four page from which this was copied contain, on right-hand margin,t e initials J E O ). ------------------------------------------------------- 175 ��(Copy of •1tt. lot John E.Crawford . Elkton, Wife• Va Detendante.") .U Box 285 l child - girl (1) 1 Friday Night - Met Taylor with Dutt• Bailey - going to 2 Port Republic agreed to pay ae t2. 09... lOR OK. Elkton Taylor tor Oup of whiakey On Thursday - Agreea with Bail8f' -to do the work. Did not 1r0rk ¥r14ay Night Sat nit• Ket aa wife was sick - Kade date tor Abt 7:30 Taylor Sat nit• Bailey left in Bailey oar with Baily• and Taylor and I came to Elk with Lawrance Deane. tor whisky said would tak Asked L D his wife. Oct in his car by RR with Ta7lor rode around 'ba .ck to Baileys 1 T 7lor out - 7. Stalked to somebody - r ua up road to find some Law.D. Barry Lamb All got & me in Back - S & Dean got to soutting - not aad ·ent in s,ore were aoutling ~ \ih D on Top. Deane after .us F S Hit him 2 times. to pull Lawrence D ott & l S helped me• got up and we went on road-running Elkton. n I ·came out Taylor• L D ran up & got Ta7lor around neck and started .Both Went down L. fighting~ triad tor c1g retts I s. Taylor - looted Baok & thought ran abt 50 7d went into tield ."ent to Dutta home - Ca.meto Dutt ashed . Came baok to lUkton_ I got out. (.The Bert oo~1e4 eboYe)wea on two pages of ruled t ble~ aper, 1n peno1i. ~------~----~-------~--~~--------~~--~-~~176 ��(Continuation of copy ot."Ex. 1 ot Detendanta.",-the part on third and laat page ot ruled tablet paper,aleo in peno11.) (Corner~~ot ........................ paper 'I Shiflett torn). ·········~························ .. Place in Elkton 2 L 3 L - Deane l. Ray (?) Lawson Port Republic Bill Via L ~aw - D after tight,~· 1~ Bowlig ally Did not see any of them after this Sat nite - Did ·not aee an7 of them on Sunday. Mon4a7 - r. & L came to m7 house - Did you know that wee revenue Man - I denied I knew him - C & g (?) Oonetruotion A1e1 (Written with the paper turned to one side, so that these f1Te worde did not oo1na1de with the lines ot the ruled paper). penail marks on the copy are an ettort to represent the punctuation used on original and the way a capital le,ter or something else was marked out). (The 177 ��STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: .... IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the.County J 1 Circuit their ~/~~ Court oaths of said the j £,~_ did unlawfull) _~ ½~ -43-ogetheP for \\· the with and wound with or kill, nose, against This the peace indictment eRQ eon!1iderille feloniously and there the grand to give and him the and maliciously injury; with intent did beat to-wit him, a the disable or of the Commonwealth of Virginia. is found upon the testimony before t'o ·maim, conspiracy an assault to maim, disfigure, and dignity and John E. Crawford, t"njury .a.wl-eo-dtt:y of- said and cause him bodily Taylor jury of Rockingham, Lawrerre~ Dean and Floyd Shifflett, and lacerations, then upon hifn, the sai-4 ~ El'. -~or the said fists bruises said H. E. Taylor, County oonsp1re and in pursuance unlaw.fully, their the Term, 1948, in the @e.i~H. E. Taylor~make said H. E. Taylor in and for LAWRENCE DEANand FLOYD SHIFFLETT, intent, they, .Ht miJupon(-t;he kill, April purp.oaa ~ -e-o:mmitt1t1g an assault confederation, fractured that at its and feloniousl{"'"."'UM, t"~ . upon H. E. Tayl~, l{ J di-sfigure, •disable J~~and County, day of May, 1948, 1st of Virginia, of Rockingham and now attending do present on or about of the State witnesses evidence. sworn in Court of H. E. and sent �t \ ' CONiMONWEALTH v. INDICTMENT } LAWRENCE DEANand FLOYDSHIFFLETT ·1 Felony April Term, 1948 A True Mf7 Bill: I I ,-/7-lf~_9' ~~ F~re:man ) [ .--!. (-, ~ 'I Witnesses: 1. H. E. Taylor 2. John E. Crawford ,; George D. Conrad Commonwealth's Attorney -;,-... - �C AMENDED INDICTMENT STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: THe grand jurors of the State of Virginia, the body of the Gounty of Rockingham and now attending Circuit their Court oaths of said County, do present on or about the 1st did unlawfully that day of May, 1948, and feloniously said H. E. Taylor maliciously did beat with injury; intent disfigure, disable the nose, against make an assault feloniously their H. E. Taylor, or kill, in the County of Rockingham, unlawfully, a fractured said Term, 1948, upon upon H. E. Taylor and wound with to-wit, him, April the LAWRENCE DEANand FLOYDSHIFFLETT, and him the bodily at its in and for fists and cause him bruises then the peace and and lacerations, and there to maim, and dignity of the Commonwealth of Virginia. This indictment is found upon the testimony Taylor and John E. Crawford, before the grand jury to give witnesses evidence. sworn in Court of H. E. and sent �COMMONWEALTH V. ) AMENDED INDICTMENT LAWRENCE DEANand FLOYDSHIFFLETT Felony April Term, 1948 George D. Conrad Commonwealth's Attorney �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA: COMMONWEALTH v. CHARGE TO JURY. FLOYD SHIFFLETT If you find the accused, wounding H. E. Taylor or causing with malicious intent, so and fix punishment a period his one year If you do not find bodily him guilty therein injury, of unlawful charged, finement finement in jail exceeding five five hundred charged but find months, both by confinement or by a fine such fine but injury, punishment of not less ' or find as by conthan one by con- months and by a fine him guilty him guilty in the indictment, punishment wounding in your discretion, twelve for ten years. bodily his say not dollars. If you do not find aforesaid, a period or, not exceeding you will in the indictment, or unlawful for years, by any means, of malicious say so and fix in the penitentiary year nor more than nor more than as charged you will injury, of in the penitentiary him guilty wounding guilty in the indictment, by confinement than Shifflett, him bodily as charged of not less malicious Floyd of either of assault then you will in jail for not exceeding of the and battery, felonies as further say so and fix his a period five-hundred not exceeding dollars, twelve or by and imprisonment. If you find him not guilty, you will say so and no more. ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMMONWEALTH- v. CHARGETO JURY FLOYDSHIFFLETT If you find the accused, wounding H. E. Taylor or causing with malicious intent, so and fix punishment a period his of not If malicious him guilty therein year in jail exceeding five If aforesaid, charged him guilty wounding five hum.red you do not find in the by confinement or by a fine such fine If you will in the penitentiary say for wounding indictment, bodily his but find injury, punishment of not less or as by con- than in your discretion, one by con- months and by a fine not .. him guilty him guilty indictment, a period twelve dollars indictment, in the or, not exceeding of by any means, of malicious say so and fix years, injury, or unlawful for guilty nor more than ten years. as charged you will but find punishment months, one year in the penitentiary finement both injury, nor more than in the by confinement than of unlawful charged, finement less Shifflett, him bodily as charged you do not find bodily Floyd of either of assault then you will in jail for not exceeding five of the felonies and battery, say so and fix a period hundred as further his not exceeding dollars, twelve or by and imprisonment. you find him not guilty, you will say so and no more. ��C IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMMONWEALTH v. CHARGETO JURY LAWRENCE DEAN If you find the wounding H. E. Taylor with malicious so and fix a period his accused, or causing intent, punishment one year If you do not find bodily him guilty therein year of unlawful charged, finement injury, you will nor more than five in jail not exceeding five hundred for charged but find months, both by confinement or by a fine such fine him guilty him guilty in the indictment, punishment discretion, mbnths but find injury, punishment or as by con- than one by con- and by a fine not dollars. If you do not find aforesaid, twelve for wounding of not less in your say ten years. bodily his a period or, exceeding you will in the indictment, or unlawful years, by any means, of malicious say so and fix in the penitentiary finement nor more than as charged of in the penitentiary him guilty wounding injury, in the indictment, by confinement than Dean, guilty him bodily as charged of not less malicious Lawrence of either of a~sault then you will in jail for not exceeding five of the felonies and battery, as further say so and fix his a period hundred not exceeding dollars, twelve or by and imprisonment. If you find him not guilty, you will say so and no more. �' �#1380 la/11/411 CHARLESP. CHEW . Executiw,Secretory RICHARDW. COPELAND Director RALPHE. WILKINS JAMESW. PHILLIPS PAROLE BOARD lllCHMOND Ja.rmary 3, 19Ei0 Honorable Hamilton Hawes Judge, Twenty-Fifth Judicial Luray, Virginia Circuit Dear Judge Hawes: In Re: Lawrence Dean 57618 We are building·up a case file on the above-named inmate. The materials in this file will be used by the Division of Corrections an4 by the Parole Board. The following information will serve to identify this person, Offense: Felonious Assault Court': Rockingham County Circuit Date of Sentence: Sentence Imposed: 10-21-49 2 yrs; and 6 months This man will not be considered for parole Ulltil )le has served onefourth of his sentence. MY. information you should like to give regarding this case will be ~st helpful. If you c~re to recommend for or against parole in this case, that reco~_ndation would be welcomed. Your usual splendid cooperation will be sincerely appreciated. We will not send you th~se letters year·imprisonment. With kindest personal regards, on persor:is sentenced I am Sincerely yours, Richard W. Copeland Director of Parole me to but one ��#USO 11/11/49 CHARLESP. CHEW ExecutiveSecretory RICHARDW. COPELAND Director RALPHE. WILKINS JAMESW. PHILLIPS PAROLE BOARD JUCHMOND January 3, 1950 Honorable ~amilton Hawes Judge, Twenty-Fifth Judicial Luray, Virginia Circuit Dear Judge Hawes: In Re: Floyd Shifflett 57617 We are building·u.p a case file on the-above-named inmate. The materials in this file will be used by the Division of Corrections and. by the Parole Board. The following inform~tiOI). will serve to identify this person. Offense: Felonious Assault Court: Rockingham County Circuit Date of Sentenc~: 10-21-49 Sentence Imposed: 2 yrs; 6 mons. This man will not be considered for parole Uiltil lie has served onefourth of his sentence. A,ty information you should like·to give regarding this case will be rDQst helpful. If you e~re to recommend for or against parole in this case, that recomme,ndation would be welcomed. Your usual splendid cooperation will be sincerely appreciated. We will not send you th~se letters year imprisonment. With kindest personal regards, on perso~s sentenced I am Sincerely yours, Richard W. Copeland Director of Parole me to but one ��STATE OP' 'IIRGINIA, COUNTY OF ROCKINGHAll, To-Wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, that the foregoing is a true transcript in the case of Commonwealth of Virginia Dean and Floyd Shifflett, do hereby certify of tbe record vs. Lawrence on an indictment for a felony. Given under my hand this ber, 21st day of Septem- 1948. _____________ Transcript Fee.$ ____ . , Clerk. �L l -o .. :t... :J ... J r l. ri n cwoJ 0 JO, l j .:,i .. u 0 0. 0 0 \ ...- rl , ,U,..1. 0 0 i v1 ,.I. J \-~---·--------- .l • �DESCRIPTION Last known address __________ Colo~----_Marks _____f.Y' __ OF PRISONER -~"f._-0__ -~---- Height_ __,L::__~ __________________________________ _ Eyes---~---- Hair_ __~--~- Weight_~~-=----- ,_f------------------------------------------------------------. Occupanon ___ Date of Trial_ ___--~--- J- --•?- ~. ~~---- I ________________________________________________ _ --Y-!_·l/2_:_---------------------------------------------------- Result ___________?,::-:_~-------------------------------------------------------------------------------- ��COMMONWEALTH vs,__;& .............. ~.. :.(::q.~4,~£.1"""""'==----C.~~-'d-~~=:..---- DESCRIPTION OF PRISONER Last known address---~----------------------------------------------------------------------Color ____________ _ ~ Marks ___oq: Age______'}-. Height___£,.!"':"-/__ Eyes---~-- Hair__~ Weight_1=. L_?d____ ________________________ ·-------------------------------------------------------------------- 3 _'- ____ Occupation ____{4,,..f/, _____________________________________ _ Date of TriaL_~~- _/_')..~(_f.:: __'C_~~- ~0-- ----____________ ---------------- Result _____~~ _________________________ •________________________________ • ______________________ _ ��mMMONWEALTH VS. ~ ?¥ DESCRIPTION OF PRISONER Last known address----~---------------------------------------------------------------------Color_ _____~_:- Height__J_-:-_r--- ,&':/' Eyes___ Hair_~----- Weight_L_.f_q ____ Marks ______b,/(---------------------------------------------------------------·-----------------------Age.------~-.:.~------ Occupation ____~-J4/!~---!::::-::~-~---- Date of Trial_ ___--~ _j_J _,C./.._f:::-_ __ ~~-~JJ.---- __________________ :.____ _ Result _____/£~_,--------------------------------------------------------------------------------- ��COMMONWEALTH VS. DESCRIPTION 7 OF PRISONER I 11? ... Last known address_________ -lM-i...------~------------------------------------------------------------Hair_:__,_ ______-~-- Weight_j_'i_Q _____ Marks ____-YG-,-/--~-------------------·------------------, ------------------------------------------------,.. 1 Age____________________ Date of TriaL _ Occupation ___~--------~-------------~---J---------------------------------- ~vv:e-Ld ___ / ~~~.~ __________________________ _ Result ________~-F-------------------------------------------------------------------------------- ��llarch 25, 1949 Re: L&wrence Dean and Vlo7d Sh1ffl tt v. Commonwealth Record No. 3513 Mr. K. B. Watts, Cler~ Supreme Court ot Appeals of Virginia Richmond 10, Virginia Dear Mr. Watts: As requested in your letter or March 24, I am sending you herewith copies or the instructions (granted and refused) in the above case. • Yours ver1 truly, J. Robert Switzer, mb Enclosures: In,structions Instructions l to 6 (inclusive) B, C, D, E, r., G Instructions Zl, z, Clerk ) ) A, X, Y (refused) granted �~~----------------------------------- l ) l �CHIEF JUSTICE: EDWARD W. HUDGINS SUPREME JUSTICES: HERBERT JOHN COURT Of' M. B. WATTS APPEALS CLElltK, B. GREGORY W. EGGLESTON C. VERNON SPRATLEY ARCHl&ALO C. BUCHANAN ABRAM P. STAPLltS WILLIS 0. MILLEFI Of' WILLIAM VIRGINIA DEPUTY RICH MONO W. SMALES CLE1'K, Richmond 10 March 24, 1949 Re: Lawrence Dean and Floyd Shifflett Record No. 3513 v. Commonwealth Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Mr. Switzer: I received from you a few days ago two original exhibits filed in the case of Dean and Shifflett v. Commonwealth which you kindly sent me at my request. The court thought possibly that included with these exhibits would be some instructions which were not made a part of the record as transcribed. You will find that these instructions are referred to on page 145 of the printed record (a copy of which you have.) I will be obliged if you will examine the papers on file in connection with this case and if there are any copies of these instructions with the papers, kindly send them to me for the examination of the court. Yours very truly, ~~ MBW:lch Clerk STAUNTON ��VIRGINIA: ~ tk in o/~ftea6 ~(){W/ Y¥M<eme t/w~~ oj'Pldllllllmd on Lawrence Dean and Floyd against kid a1 tk tk Monday !!t{Uu;lfl ~oan=!f~ 25th Shifflett, day o/ April, Plaintiffs 1949. in error, Record No. 3513 Commonwealth of Virginia, Defendant in error. Upon a writ of error and supersedeas _to a~udgment rendered by the Circuit Court of Rockingham county on the 23rd day of June, 1948. This day came again maturely said considered and arguments ing and filed plained or. with It the transcri:pt by counsel, of the record of counsel, is of o:pinion, the record, that is therefore be reversed and annulled, is remanded to the views e.xpressed the :parties, said in the Which is ordered there adjudged the verdict circuit said court written of the for reasons is error in the and ordered that of the set jury for a new trial opinion of this forthwith to be/certifjed A and the to the said court having judgment afore- stated in writ- judgment the said aside, com- judgment and the case in accordance with the court. circuit court. Co:py, Te ste: Clerk. (over) �Writ ta.e.XA-.. _______ _ Prjntin~-------AttorneyTs fee ____ Small fees ______ Transcript ______ Printing brief ____ Total .... _ _ _ _ $ Teste: __________ c. C. ��.... ~ �INSTRUCTIONNO. O. The Court instructs is one of the elements the burden the jury of malicious that assault malice and that is upon the Commonwealth to prove malice beyond a reasonable of the defendants doubt, in order o! mal.1clous assault. to convict either �.o '1 lo .0 j IT'"'U l1 e T �.... INSTRUCTIONNO. The Court resting instructs the I jury upon the Commonwealth to prove beyond all material reasonable element thereof, does not mean that to establish doubt it charged or beyond more than satisfy the whole the accused is guilty -/ 41!7. all of the certainty doubt. against for accused possibility jury that the burden the accused of an offense is necessary the guilt that and every the accused, the Commonwealth to an absolute of mistake or to do upon the evidence thereof guilty beyond all as a reasonable ��Z:__ INSTRUCTIONNO. The Court in this the four injury; ease, instructs if warranted following the that under by the evidence, verdicts, (2) Unlawful jury to-wit: wounding the indictment you may find (1) Malicious or injury; one of wounding (3) Assault or and battery; (4) Not guilty. You are further injury is committed ~nd maliciously .thereby Unlawful bodily either when one person wounds or causes is committed to another but not maliciously, disable injury or kill intending malicious unlawfully, injury disable wilfully, thereby Assault in an angry, either and battery rude wounding or wilfully, feloniously to another, intending or kill when one person unlawfully, such other. done to another that bodily to maim, disfigure, wounding injury instructed such other. wounds or causes and feloniously, to maim, disfigure, is any physical or insolent manner. �l �INSTRUCTIONNO. $. The Court to this case express or implied. revenge, but every every It design has been attended of social with malice sense. depraved and fatally and cruel Malice bent and It may act done in law is is meant that the act as are ordinarily and malignant in:iications hatred motive. or excuse. and by it as applied It may be either not only anger, such circumstances them the plain duty, that from any deliberate in general; with jury and unjustifiable provocation symptoms of a wicked, carries includes unlawful or implied reasonable evil the is used in a technical be inferred without instructs spirit, of a heart upon mischief. and regardless �--- -· --, �INSTRUCTIONNO.-±- The Court intent may be proved or circumstantial facts, proven which warrant inferred like evidence and if the existence instructs surrounding the any other that fact, the malicious by either or by a combination circumstances and justify of such malicious therefrom. jury of both; and conditions an inference intent, direct therefrom the same may be are of �.... �INSTRUCTIONNO.£ The Court at the scene instructs of a crime the aiding is guilty as a principal further tells jury assistance constitutes The Court believe Lawrence assaulted H. E. Taylor, Lawrence Dean and Floyd punishment #ff the and abetted you shall Shifflett, or act jury beyond a reasonable then The Court of in such crime. instructs Dean, aided in accordance or participating any encouragement further from the evidence one who is present in such crime. participation prisoner, case. that that and abetting therein the jury with the charge doubt by Floyd find guilty, that if you that the Shifflett, the prisoners, and fix to the jury their in this �r �INSTRUCTIONNO. The Court of witnesses the law is directly that, jury to each other, on the the reasonableness or lack candor the for the is not bound to their manner of testifying, of their their the interest testimony, apparent of the witness circumstances appearing on the trial, which witnesses are more worthy of credit relative of any such testimony, their intelligence and from all ~ other -from the appearance any appear, accordingly. on on the if weight and testify to determine stand, and fairness, of the trial, jury jury; who may have testified and consistency of intelligence, surrounding the credibility the number who testified have the right of the witnesses apparent that where a number of witnesses as against the jury exclusively the number of witnesses one side result the a question opposite regard side; is instructs in the other determine and what is the and to give credit �t ...... �INSTRUCTION NO. B. The Court may find the a reasonable caused bodily injury maim, d1sr1~ure, words, Taylor, simple that to fins guil~ tha~ with the intent the aX!l'.ba of the against or the if said they to H.E.Taylor. defendants guilty them, the Jury either, to permanently such intent or fs)Jr)d••• or one or them, they, or kill one, assault from the evidence two charges intended and without assault. or malicious either ~ and Lawrence Shifflett to H.E.Taylor disable of these must believe may find doubt before you tha:t, you must believe beyond of either Floyd jury or them, guilty assault, In other the defendants, Dean, or either felonious instructs which the injure the can be guilty jury said only of �..a . .uoy T.T n~~ ! ~ .... ,~ J l'J" 0 e. t '"U t1' 1o· ii, e "t"IL B E V r r.fj lJ;J ·w t ['4 w wlnl d I cw - l /--...:,.,,.J,s<'l"Q J-... C, ~1'! ., ... ~ -r 'J! ) ' 1 [ ll le ,. t • b "I II lOG -'l !"'". '! ee.1 r1 ' eIJ Jsrl .. { Cf bl tl 0 t •• • ,Hl • ~ O'l 0 ~ er,:o '!0 ' • r :i.t brrl'l 1 !I t ::i .... 0 3'-:uroO e :t OJJ'Ij Bl11 b.,.. I l r ;- rl:t lfj 6'lOlad I WITOUH ;t r~ ,1 j.(li ~ '\.._ C .t ., 1 r r l T �INSTRUCTIONNO. D. The Court believe from the evidence was the aggressor prehended force instructs bodily and that harm, as was necessary the jury in this that case if that they H.E.Taylor Lawrence Dean reasonably thA\he had the right to protect himself, ap- to use such and if you ✓ believe that reasonably should find the said Deacn ;1sed only such force deemed necessary him not guilty. to protect himself, as he then you �.a . HO OH HI ... rlj j e 110 'll: e :i a.e bns to t 'lI lrl j ".Hfe v:J: o b e~aeb ve erlj mo~1 al ejo~q ve1Ieo lT.8 oj n,n ue a , t.0 _nj' s j .. rt ml: . fa ·' va 1- r d .fJO �INSTRUCTION The Court which the defendant, Taylor d+d not, unless the able the defendant Taylor, instructs they c.-. the of itse~f, defendant find that any tussle may have had with constitute an assault, from the evidence, Floyd Shifflett Dean in committing shall jury Floyd Shifflett, jury believes doubt,that NO. and beyond a reasonaided an assault the defendant, H.E~ Floyd and abetted upon the Shifflett, said H.E. not -------------------~--- --------_.,.._ -------------------------·--_,_ �ere JJ "( 8 b rl •I.iJ -1- .ed: , •· ~£ • ve n.a ba l.a ;t;teI'l .. . .aB Ifj rro r j !lr.se " dol. t c •iiob ea ;trx 1>rro1 b Id rlj ..._,r LH - -----------------------------------~-----------------~-- �INSTRUCTIONNO. E. The Court sumes every until his instructs oerson guilt charged crime to ~e innocent stage although they might have believed, its case, that and they Floyd Shifflett doubt, yet after hearing behalf of the prisoners, if to the guilt the is their duty to give Shifflett the benefit or either of them,as not guilty. charge Lawrence Dean and/or were guilty the evidence beyond reasonable introduced a reasonable made against the accused on doubt Dean or the defendant on the whole ease or as to any fact to prove that when the Commonwealth they bear of the defendant case and applies are instructed the defendant the defendant doubt of innocence the entire to every closed the law pre- presumption through thereof; that beyond a reasonable and this the prisoner jury with is established by the Commonwealth, goes with the or circumstance as Shifflett, essential them in the indictment, Dean and the accused of the doubt and find them mll~~tlt~ to whom they have a.reasonable doubt, it �• :3: • s.£ -e'Iq j ... j ;tneoo b e B nl: r b r, nl "JJ'lJ j eid -noe 'I bnov. d 't no beou ,o.,.;tnf ! a d'duob I'l:'l:1rl8 ;t ' 1 ned I b B.UO · .xi.lUl , ;:t ·.ucb sI noe 1 < r. erfj h merl;:t ,nl '! o n 11 9rfj .... . .) j V ~ cu mo dj dn ·u 0 VO Cf 0 ,dj v ('., ;t ;t ;t _(tr lo ·"!j! .. • 'lo d J o;t t J 0 "I I.JO T rl ,. ... b j rl3 lo j' !l JJO jf "' b ~ 'IO ~ J n "t0 .,. j .L :, e;H b BO(O ~ t ,e eno l"' n e o r{-1- A;j '"llf ;t j- edj j 'l" V arl I1 'I 'I ed;t 0 ~10 lid 8'I !IO 0 l ert;t nl noe ba "HJ '1 .tolbal 'I-ij :+~ hf' 'IO ;tn V t .... J.... l;tnee ;t• rl 'I 'IWB T ITS 0 r t ;:tr, e I [ ~ .:.tru e e ..,e d 10 ns l I rfj rlo rm 0 b ertl -+!HJ .. :nl'I!> rl;:t OJ ·O d r'llJ JdH b e!d.e 8 'KOITDU .'.t'8HI •• 9 u ' �INSTRUCTIONNO. F. The Court instructs one of the essential p" indictment, to prove elements and the Court mintent" guilt be inferred that "intent" of the crime tells beyond all you that with the charged inconsistent of the in the and that doubt. but must be inferred innocence is the burden reasonable from circumstances of the accused, inconsistent jury is upon the Commonwealth, same must be proved not the of proof the It must with the from circumstances accused. �• el -r ;t al ,.. VT'.'l' 'lo ";ta~1;J'at· 1 d'.s.61 ,.,..~".J·. be~· ..... p_io ~,m edd' 1n ejneme!e a:~ --wd .::teIJ j! 8f ;t dj r: .. lw ! ...1~J w~:fj uo jrrnjel ':l e rll O't -·Cio~ - e• ~CI0"'1'1i i• e.dd' ej:,_,•:r;teal "l!I~j I~· j'IUo r 1ld'rreeee d''IlJ'O') • !L bno . c "'ono:.te;,:::.ro'Ilo rr ' erlT b .,, OT.mO'Il ~ ba_ erl:t ':.o aao ,j'..,.(1_[ t1d jau -~'.:"'l'Ier·rt! -, ' dJ .. j 11 J J ""o.t:bat o urn e-J j'Q[t J e ,, , o 1 • �VIRGINIA: CO_.0 IN THE CIRCUIT COURT OF ROCKI! ..:.Al CCT TY: ,EALTH vs. LA'WREiWEDEAN AND FLOYD SBIFFLE'I'l' This day came the defendants, Shifflett, in person as the grounds jury assault of returned their October and fixing Penitentiary and by counsel, for 1. to set 11, 1949, finding punishment a period aside the following the verdict them guilty of the of malicious at confinement of two and one-half verdict Dean and Floyd and assigned motion their That the Lawrence in the State years: of the jury is contrary to of the jury is contrary to of the jury is co trary to the law; 2. That the verdict the evide 3. ce; That the verdict the law and_ the evidence; 4. That the court testimony offered objections 5. erred accused; That the court erred of the defendants appearing article heretofore been filed Tnat the court motion of them, paper against if article, the to poll the motion a mistrial concerning in the Daily 11, 1 49, ant's in overruling to declare of October 6. certain b: the Commonwealth over the of the of the newspaper in admitting ~ews Record by reason the trial on the mornin a copy of which newspaper as an erred exhibit in overruling the jury any, had read in this 6 has case; the defend- to ascertain the aforementioned which news- arid wl.1.ether they had been prejudiced accused by said article. �~~ ~ .... >, I ~ \"· ft\ ~ ~ (j l1 'l\ 'i .... �C 7f'. Docket No.e{ca COMMONWEALTH of VIRGINIA ) vs. ) Misdr. (appeal) ) LAWRENCE DEAN _J_ul_i_an_K_;_.._H_i_c_kman ________ Own 1949 July ( X) 21. Appointed ( p. d. ) Docketed. I I I CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. �Kevotone Envelope Co., Phlla., Pa. �\ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lawrence Dean and Floyd Shifflett Subject The topic of the resource Felony Malicious Wounding Description An account of the resource Defendant charged with felony malicious wounding Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1948 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_002 Dean Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_004_commonwealth-v-sheridan-dean.pdf a0cda4589c6cef82dd5a6f855e363513 PDF Text Text COMM:O TH OF VIRGINIA, COUNTY OF ROCKINGHAJIA:, to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand jurors of the Commonwealth of Virginia, for the body of the County of Rockingham, Circuit oaths Court of said do present "1arch, 1942, that in said County, at its Sheridan Shipp, and now attending term, Dean, on or about County, unla and murder one John Price April fully the 1942, upon their the 21st and feloniously against in and day of did ltill the peace and dignity of the Commonwealth of Virginia. This indictment Elzie Morris, M. C. Davis and E. E. Kiser, Court and sent before LAWRENCEH. HOOVER ATTORNEYAT LAW HARRISONBURG,VIRGINIA is found upon the testimony the grand jury of James Shipp, witnesses to give evidence. sworn in �MURDER COMMONWEALTH } v. Indictment SHERIDANDEAN Felony: April Term, 1942. A True Bill: Foreman. " Witnesses: l . .Tames Shipp 2. Elzie Morris 3. M. C. Davis 4. E. E. Kiser Lawrence H. Hoover Commonwealth's Attorney �:,.J COMMONWEALTH v. SHERIDAN DEAN The accused, the jury Sheridan Dean, moves the Court on the ground of necessity, as cons ti tu ting "'.;he necessity 1. That accused defend trial him and that the jury ing statement counsel employed of the attorney was restrained for a heart from continuing 1942, upon for therefor; and sworn, trial, and during the Commonwealth, attack and the open- accused's and on advice of physicians the case; 3. That the trial to May 21, case was set the commencement of said with relied in ample time to when his 1942, had been impaneled was stricken counsel were prepared 2. That after after the circumstances are as follows: on May 18, both he and counsel to discharge of his upon the assumption case was thereupon that his counsel continued would be able to proceed; 4. That his cians, will and will be confined be unable counsel, to his bed for to proceed with 5. That the Court defend with his case up to the to properly a period of about defense on 1!!:ay21, thereupon appointed prepare for so appointed counsel was wholly time of his appointment, his within of physiten days 1942; to defense unfamiliar and was unable the·"'time remaining trial; 7. That Arnie accused to testify set trial; for his upon the advice him on May 20, 1942; 6. That counsel before acting in his Knight, behalf, a witness summoned by the was not present on the date �.,., t. �8. ~ere beyond will be seriousl the date set. t~ That the contr~l jeo happening of ardised the of the accused, if foregming and com elled that to circumstances accused's o into tr·ai rights on ��v.._ -,+ -tf- ~ - . �.... �COMMONWEALTH v. ) SHERIDANDEAN J{ , L. • .. I ) ,; I /. V, I ,, I , t , lf) Felony (murder) �<.. �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA ) ) ) ) ) C0!1·fONVT.EALTH v. SHERIDAN DEAN If you find as charged the accused, in the indictment, with malice aforethought, premeditated, you will gree and fix itentiary for life, ment, and that but that will it find five confinement him guilty less a fine jail aforethought, then you and fix for not less his than provocation, actual him not guilty degree, he killed John Price or implied, or in mutual manslaughter If you find in the first upon sudden combat, and fix for not less you will his punishment than one nor more years. but find and fix years. in the indict- degree, but that aforethought, l;he penitentiary five in the pen and premeditated, of murder degree, in nor of murder in the second him guilty his of involuntary punishment of not exceeding not exceeding you find of murder degree, manslaughter, dollars, or by both him not guilty, or, you will sa so for not in your discretion, or by confinement such fine you will degree, manslaughter, in the penitentiary years, one thousand one year, in the first nor of voluntary at confinement than one nor more than five If ATTORNEYAT LAW him not guilty of voluntary at confinement with malice de- years. malice on reasonable as charged in the second and in the first than twenty in the penitentiary nor more than twenty deliberate or by confinement of murder, of murder Shipp without than of murder deliberate in the second find him guilty the same was committed nor of murder heat, was willful, at death, of murder, the murder was committed it him guilty If you find HARRISONBURG, VIRGINIA find was not willful, at and that Dean, guilty or for any term not less him guilty punishment Sheridan and that his punishment If you find LAWRENCE H. HOOVER CHARGE TO JURY by in and imprisonment. say so and no more. �. -· Charge to .Jury SHERIDANDEAN v_. } - COWJ.O NWEALTH !v'.iO RDER �Commonwealth On an indictment v. Sheridan the accused, of this day came the Sheridan county, Dean, was facias, duly qualified twenty and free for the brought (murder) persons therefrom namely: J.M. the names of four Wilberger, Chapman, G. E. Moore, O. C. Wise, selected A. J. as and truly Joseph, and true the jury, Paul make between evidence, and nxn~ the attorney for having delivered verdict his opening statement in part, journed the hearing monwealth's of this attorney, the prisoner the attorney for having instructions given case, to suffer about it the defendant render according commonwealth And thereupon in the their court 9:30 a. m. before this to talk all the two physicians advised that the court ad- May 21, the same, the comand court no no one about it, sum of fifty the nor to talk of the vritnesses on Friday, for in open court, to the to them about commonwealth were recognized appearance time, in person jury D. Layman, counsel Thursday, agreeing to the no one to talk themselves, at this case until Jno. commonwealth announced that he was ill, and thereupon A were summoned, who examined Mr. Hammer, and having further twelve, the the ~-'f-71-~ to proceed contain- were sworn to well to the was not wise a list and George W. Shaver, at the bar and a true it and found the remaining and the prisoner defendant a court David H. Liskey, J. Nicholas, deliverance under to the attorney W. H. Zirkle, to constitute sheriff who each alternately R. Deputy, J. by the persons, R. L. Koontz, aforesaid try I. sheriff was handed and by the whereupon, commonwealth and to the accused, struck court summoned by the were examined twenty commonwealth, into from exception; ing the names of said the attorney and from persons of venire for a felony Dean This writ for for the dollars~ May 21, 1942, at ��COMMONWEALTH OF VIRGINIA, TO THE SHERIFF OF ROCKINGHAM COUNTY,GREETING:-You are hereby he be found within of the Circuit your bailiwick, Court day of May, 1942, should failure or otherwise to appear mons, to testify Witness, of Rockingham the 166th year I· before forthwith, if Knight, before J. and there Robert on this 22nd any he can show, why he dealt said County, of the this Switzer, this with according Court pursuant to law to sumDean. writ. Clerk of the Circuit 22nd day of May, 1942, Commonwealth. if the Judge in the case of Commonwealth v. Sheridan And have then Court to appear of Rockingham, to show cause, not be fined for his commanded to summon Arnie in �~ tH t0 fC:"l C " • . ... \ T°" I 1~.Ja£_.J,_- __ \ tt _.......,,..,,:AA/' ,'•-~ l"O .\ - E~'ECUTED,j~~~~.,.•1 THE CO'UNTYOF 'i"~r"'P' ... LJJ. ,- u ROCKINGH:·;t " Rule ARNIE KNIGHT v. COMMONWEALTH �The Court that there instructs was a mutual was killed, in order before further lieve his it that that su,ch killing must prove blow was struck he believed to kill should they find and one of the combatants the accused the mortal necessary own life, harm. combat, combat and retreated and second jury to justify done in self-defense, that the as far as having two things; the prisoner as he could and had reasonable the deceased or to save or protect first declined with grounds in order himself been safety; to be- to preserve from great bodily �< �INSTRUCTIONNO•...,.J.___ The Court failed the to accused establish could instructs the by evicence be convicted jury that in this of murder the case commonwealth any fact in the first has upon which degree. ��INSTRUCTIONNO. The Court instructs the jury doubt as to the grade of offense guilty, that if they believe doubt in his favor, that if they have a reasonable of which the defendant him guilty at all, and find him guilty they shall may be resolve of the lower grade; ��t•~-t__,,1,.... rz /J.-'f.. t"'t4 /,,,.. - rµ,tt..--t-13 UJSTRUCTION The Court intends tells jury that to conmit murder or other well-grounded, unaccompanied any such intention of prevention. immediate the will bare fear atrocious by any overt not warrant danger at the time. a man felony, act killing There must be some overt that act however indicative the party indicative of by way, of ��INSTRJCTION _j__ The Court degree is any wilful, with malice further that murder in the first and premeditated instructs of a human being and premeditated, second degree. The Court still in Virginia degree. In order degree, the burden reduce jury deliberate berate homicide the killing aforethought. The Court killing instructs the offense upon the prisoner. the be malicious then instructs is presumed of proof that if t~e but not wilful, such killing further to elevate jury is murder the to be murder the offense jury in the that in the to murder deli- every second in the first is upon the Commonwealth, to manslaughter, the burden of proof and to is unlawful �J �INSTRUCTION~ The Court slaughter of blood instructs is the unlawful and sudden passion, and not from malice. ,. the jury killing that voluntary of a human being upon adequate manin heat provocation, ��INSTRUCTION..lJ.__ The Court and kills another evidence in this the contrary, being instructs that the jury with a dangerous case, imputes a person the law, malicious shall act; and the is a necessary proved, jury element such intent an intentional killing where one wounds weapon, intent, to intend told in the crime may be proved of evidence that that which he consequence while of murder, by the facts can be inferred. to the presumption and probable is further as shown by the in absence be taken does or which is the natural his that of the intent and must be from which ��C-~, v INSTRUCTION.!:t_ /.J,- «,-,A,./ The Court is proven relies the weapon, prove defense the burden and to avail jury to excuse of roving himself jury whether should in the case, the accused. that that weapon, for all and the prisoner himself from the use of such excuse the is on the he must of the evidence; or not such defense consider where a homicide of such defense, the same by a preponderance determining the the by the use of a deadly upon self accused; instructs evidence and in has been established, and circumstances the Commonwealth as well as that for ��INSTRUCTION_/q_ The Court the degree measured instructs of force used by the degree the jury in repelling of force that in self an attack defense must be in making the attack. �__J �V INSTRUCTION-~A.,__ __ The Court from the evidence that vere circumstances as to afford ,r Price brought the accused did believe him, or to inflict imminent danger tion, then, able, although jury Shipp about that if did any act they believe or that there by him of such a character a reasonable Shipp harm, then the of carrying under said Price these bodily ground Shipp for believing, harm, designed to kill ~ and~there was into im..mediate execu- such design circumstances, it may have turned to kill the that on him great ances were deceptive Price the ~,if"' an~he .\ instructs _ and there the accused jury must acquit the killing out afterwards was no design or to do is excusthat on the part him great the accused. appear- bodily of ��/.3 INSTRUCTIONNO. The court proof rests instructs upon a person has been borne whenever or the Commonwealth, able doubt the jury pleading while the burden self-defense, the evidence, creates as to whether that whether that offered in the minds of the he shot in self-defense, jury of burden by him a reason- or otherwise. ��INSTRUCTION NO. The Court the evidence U ------- instructs that the jury that if they believe from ~¼"I-th C, ,-t--;k ~ti,.. Price Shipp was a angerous man,;\then they can consider fac together circumstances of the case with all other in determining whether prisoner at the bar had reasonable ground believe at the time of the shooting that to do him, the prisoner, serious bodily facts or not the to believe Price harm. and and did Shipp intended �, .. �INSTRUCTIONNO. The court from the evidence highways repel force and peaceable manner, was killed, then said by such force as under of this such killing the defendant they believe himself and was then and there defendant bodily harm; his to then was reasonably of self-defense, as-_ had the right the circumstances was justifiable not guilty. if and was conducting from serious right that was on one of the public to the accused own protection in the exercise find of Virginia, as they appeared for his the jury the defendant by the deceased, existing sary that of the State in a lawful saulted instructs necesand if, assailant and the jury should �t t �INSTRUCTION_lfr_rr....__. The Court every person guilt to be innocent is proven the mind of accused, instructs beyond the jury sistent matter dence if theory consistent innocent. with essential and if to his there weight the facts him. proven of his to convict, or preponderance but to warrant TlllrT so clearly._,,. the is upon doubt of the guilt sufficient the charge, must be proven doubt, or probability is not guilt fact evidence there his of the His guilt were con- but they must be inconsistent the larger supports the law presumes duty to acquit even though Mere suspicion how strong, sufficient their that every any reasonable with his guilt, innocence. until jury a reasonable the law makes it is not to be inferred the with his guilt, no nor is it of the eviconviction is no reasonable upon which he can be his �..., �_:'7' ____ INSTRUCTION The court in all criminal a presumption wealth If, evidence, able doubt of the witnesses exists is that the charge. the that case evidence, they of the whole case, to a moral jury they which, certainty jury after leaves shovm in a reasonable should the cannot raises reasonable circumstances tells as on the Common- beyond every and the of the case, of not guilty and puts guilt of the accused, of all conviction in this in the minds of the state in such condition an abiding plea favor .And the Court further and consideration jurors his tbat upon a consideration as to the guilt . jury in his of proving therefore, there not guilty the the accused's of innocense the testimony doubt cases, the burden doubt. instructs find him that a reason- comparison the minds of the say that they of the truth feel of ��INSTRUCTIONNO. The court v1ith danger, state honest of his surrounding defense, conviction, a mistake and judicial the must determine of things cessity for instructs jury Ivthat a man when threatened from appearances and the actual him at the time, as to the ne- and if he acts from reasonable he cannot be held responsible in the extent of the actual men might have been alike danger, mistaken. and criminally where other �t t. �~ INSTRUCTION The Court mining the weight nesses in this relationship proved; their the temper, interest, jury feeling if or testifying; means of information, of such witnesses such witnesses the jury the testimony of the witnesses their testimony instructs to be given case, demeanor whilst their further are bias, authorized their if the the same is of this case; any has been shown; their apparent and to give as utj.der all seem to be entitled wit- to consider .in the result if in deter- of different to the parties, any, that to. intelligence; such credit to the the circumstances �... �INSTRUCTION NO./(._ The Court statments of a witness the facts therein the credibility the jury that the witnesses instructs the jury cannot asserted, priorinconsistent be used on a trial but are admissable of such witness. they are the sole and the weight that as proof only to impeach And the Court further judges of the credibility to be given their o~ testimony. instructs of ��_ _ --- ....................... ... ..·----- - ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereb:ycommanded to summon ..........2i-:.~ of Rockingham County, Greeting: .........~~·······~·······•··---···················•·-··--····························································---------- -------··························································-···················································································································· e of the Circu· Court of Rockingham Count}), at the Court House thereof, on the.....?:::.~..da:y of_........... ·~·················· ........... 19.d.~o sa}) in bel,all' of the Defendan •••••••••••••••••••••••••••••••••••••••••-••••••••••••••• •• • the prosecution of t. e •• .. •••••••••••••••••••••••••••••• •••••••• ••••••••••••••••••••• ~ainst... ••••••••••••••••• .. ••••••••••••••••••••••••••••••• testif:y and the truth to .............................................. . .. ••••••••••••••••••••o••••••••••••••••••••••••••••• who stands charged with and indicted for a f elon:ymw.krnea-rt . And this :you shall not omit under penalt:y of £ 100. :;,a~~s~:~a~~I::< Massanetta Paper Co. Print And have then and there this Writ. )[~15:~:~ FORM NO. 5 �~ff~ ~ ~ .,fJf �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You m hmby commanded to summon:J~ ...~,. County, Greeting: ...... ~. ~••:::::a:::::::~:::k~.::::::::;;r.::.:.·~.·~···x~ ..~ •••••••••• J<-j..-.~ .. .... :..~ •.~··• ·r::r~:· ..·::.:: ... ··.··: .... ::;~:a":'. c~:::'.'.1:1."::",:Jtm: C:tt.of.~oc~ty,at.the·~=~,t~ouse to testify and the truth to sa~ehalf of ~he Corrmonwealth ·······················································~·h~ ~4~ 1 against.. ........................................ . ............................ . who stands charged with and indicted for a felony misd.emea-RGt:.And this you shall not omit under penalty of £100. And have then and there this Writ. /2;s; day of C./"°""""'/ THE SBRVICE PRESS ~:OBERT SWITZER, Clerk of our said Court, at the Court House, the./-5/'_,d- • '., 1#!2; and in ~~ ' Cleck �// ~Jr~ Je1/246 �In the Name of the Commonwealth ---•••••••• .. •• .. •••••••• .. ••••••••••••••••••••••••••••• .. •••• .. •••••••••• .. ••••••••••••••••••••••••• of Virginia: .. •••••••-••••••••••••••••••••••••••••••••••••••••••o••••• .. •••• .. ••• .. •••••••••••••••••••••••••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, *-./..da:y o/......../J.t/..C}:...=. at 9 :30 o'clock, a. m., on the... .....19.¥...t.:To testify and the truth to sa:y in behalf of the Dcicnclant in the prosecution of thf Commonwealth against................................................. . ·····················•························ ~ct.<A,,,····~·············-···································•··•·····················•············· who stands charged with and indicted for a felony misdemeanor. And this :you shall not omit under penalty of £ 100. Witness, J. ROBERT SWITZER, .f.U/.~..~ ...... 19.i:..kand da:y o/....... (I Massanetta Paper And have then and there this Writ. ..1.f.:. ........ . Clerk of our said Court, at the Court House, the.. m the ...../.¢....e. ........ :year of the Commonwealth. ...... .)./~~···············• Co. Print p Clerk FORM NO. 5 �") Q>y ~ I ~ . ~ f t ~~ tf EXECUTED<---5::1/'XULIN THE COUNTYOF ROCKINGHAM BY DELIVERl~GA !RUE COPYA1FTHE WIT �In the Name of the Commonwealth of Virginia: ~~ a ..~°.~=~.°.~ You are hereby commanded to summon ...... .. 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~, ~ ..., 19....!./,tana in the day of.. ...... ~ 16... .....year ofthe Commonwealth. j?f~~ THB SERVICE PRESS 1.:/~ at the Court House, the .... , Cleek �/ �In the Name of the Commo.nwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb_ycommanded to summon...................................................................... ·-····················•···················································- ...4~ ······----··~b]lij~ -•• .. •••••••--•H•••••••••••••••••• .. •••• .. ••••••·••••••••••••••••••••••••••••••••••••o•o•OOOOOOO•O .. OOOO••••••OOoo ...................... . ••••••••••••••••••••••• .. •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ·········································-················-···················································----··························-····································•·••··················•··············· to appear before the Judge of the 9!Ji:_,,,Court o~ckingham Count.Y, at the Court House thereof, at 9.:30 o'clock, a. m., on the./!f.: ...da_y of.:····•·······-·············............. 19./Yto_ sa,Y m behalf of the Defen~ testif.Y and the truth to t~ pros~cution,of the Lommonwealth against.................................................. . .............................................................. ......~,;::r--~··································•···············•·· who stands charged with and indicted for a felon_ymis-d-emean-or:And this _youshall not omit under penalt_yof £100. Wit,=, J.cro~;~T And have then and there this Writ. SWITZER, Cl"< af au, ,aid ~at .l.~.fl- th, Ca"'t Hause, th, .... da_y of...................... ~ ..... 19...!::t}---c:;;din the ...J..?t. ..1. .........,Year oJ)-he ~ommonwealth. l·7.{_~/~ Massanetta Paper Co. Print L ....... , Clerk FORM NO. 5 �::.xecuted summon • delivenng ' to_.LLL~J::¥~_....,,..__,_, ---LLL}Lr__?:_ ___by within ...- , ---•• ------ --------- --------------··-----------------·-··· .. r the ~ --·----------------------------------- ;.~1- oersor1. ' --t:',c( >d~ /)( l ~ r ............. . ) {~ ~~ --------------~--. - . -------··---------,7~--·"--••· ✓ ..:>!:l'.,.1,, J ~J~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham ~ ....~ You m hmby co~manded to summon ... 7 ~,£{?, County, Greeting: ..~ ....• ~ ~~d.~ .. ~•··•·········•····· : ..- who stands charged with and indicted for a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT L.-b......... . SWITZER, Clerk of our said Court, at the Court House, the .. day of.. ..../4,1£}.i····· ...=-:: ...., 197.'L,-and in the 16.6 ......year of the Commonwealth . .....v&~~~rk THE SERVICE PRESS 27/ ��In the Name of the Commonwealth of Virginia: To the Sheriff You acc hmb]I commood,d to '"mmon ........~;.: of Rockingham County, Greeting: ~~I....'''..."..,,,± _ ·········· ····· ....... to appear before the Judge of the C!!pJjt,)Court of RockifJgj>amCount')),at the Court House thereof, at 9 :30 o'clock, a. m., on the../.f~ of_........... .....~ .......PA.l?.J,--..19... !/.Yi'o testify and the truth to say in behalf of the Defenda t in the prosecution of the Comfwnwealth against................................................. . • ~ ...................................................................................................... ~~---·--············-·····························································•·············· who stands charged with and indicted for a felony misdemeaAer.And this you shall not omit under penalty of £100. day :;••-~:~ Massanetta S7:£~R:n~/:k 1,, Paper Co. Print $ And ha))e then and there this Writ. ffi ::,_:•~:::::~~ FORM NO. 5 �.... "t c:: n f') 0 t; 0 ...., .. '< .... 0 ,... ~ ::r ill 0) ,- :1 :J" g_ ; °qJ' ;bl ;1 ~ ...: Q I!,• \ 'O a, ., 'JI 0 _-:i '! C 'J) C �Commonwealth of Virginia: 1 You M< hmby rom=nd,d to ,umnwn ..~'.'"' .... .. ..ckingh,m County, Gmting, ···~···~······•~;•~·~~ ::::&.::;:h::::::1.<~::::::::::::::::::::::::::::::::::::::::::::::::::::::: to appear before the Judge of the Cir~urt at o'clock, a. m., on the ....d.-.9. ..........day 9:30 to testify and the truth to say in phjf of Rockingham County, at th_e Court House thereof, of. .... ·························~··············· 19 of t?e C_:mmonw,_ealth~re .. -:'- .. ,f-' the GRAND JURY ...................... ················································-···~··············································· who stands charged with a felony mmlcnteanm. And this you shall not omit under penalty of Witness, day of THE J, _ROBE~T SWITZER, .~.• SERVICE PRESS, Clerk of our said 194._2,.,;d;nthe f-lAklUSONBUllG, YA. £100. And have then and there this Writ. it t, at the Court House, the ./µ;_~ x~;:t,;;!::z:::;t-J/, Cl~k �y j Il 8 ~ �iii ctj ' Jll :J (/) ·-... Q) > C :i Cl) .c 1, Ji~;' ' ' ~ >, ,1()~: -a°" C • ' Not finding.¼~ 0 al place of abod.e;· Executed ~ c N ']~o'; Cl) ' ~ of t~;s ~ _ usual h•, placo family J <11 " of c1bode / r ".\ ro :~ .. di I./, ~ t. ,._ Not finding C. \; i ' )( C 'O C ;;: ai 'O 0 .0 '+- z (I) 0 .'!:. .c +-' .... 0 ctj ..... ,.. I ; (I) u.l Ince of abode. • ' ~ Q) - .D .... > ,.. 0 . _o_ft_,,,, 16,<.V ..... usual r.. ~ ~ ~ ti•s f.imily ~ .§ Q hor. place 0. _, .;... I , /c - • ~ ,,,/ ~-ti~-• /~ / ,, I / • 7 ,.Cl. being '-< {K; . )4 t~L , I - t thoroof C..~-1---····--·········-····at / ~ . I at said / /~ - --------------- ~I .by delivering a l/h✓i •• -~ - /:¼/ I I ~{.,.~//.ffe?-2£. • Z-L--u. being a n10011>er plai11~in, t1,'"' purpo~·t .d:;· / ~~ ; ... ~ ·s. and his us• .. •_hf ...?(_... ~'r ' /) ¼ . ' person. al ove Lhe --wv ot IL~ _ • C,, c:_k • ..... ........... toif~.-- ~ - ~ ,), ·Y,lf c:2f/U.tzd/~./ ____,....._,_ 0 /{f-t"--;-' - ~Z..itt:.Lc/~--··· . / Y.?kk,u: u _ me•11br3.- or r, L-- L-- L - ;!;{((f:?? £1 . . :-1 tn ..e p~q., • a ~ ·-7~ /;,f,!'~ •. ~-a,ning ,, ;y liaLL~d£:,/ ~11 ~ _. / ----.r--~ ., of abodo.~.k..t:£--<::Z._//.~.': ::J J1 .!: <fi - /'/, yea __ rs_._~nd b ·t.U./-zcf~-,,In o ra ~ 0 (!I _,.., , 1. L- ~ ;;,_ ( l!J/c:..-J I u~ ~ (.l 0 . Pxec11ted --r / ·. tr;,; ~t at sar~~ ,;;. C '\ :J ..... 0 ~•-: bi! ' • ~ f (/) Q) in person, ·/ by deliverino- / toLX1«dc _. I a 0 e of 16 C 0 \: • ···-·-·-····- I . . . . •. • . 14"4,t:.L/J.'/.~ abovej_hc ,· n t ,,, , ,d<,{~_kL /- I ..,_,,Z, __ _,_~-~---~ ik~ .. .. ..J/.&J. .8 --- ..at his usual / ' "} • .0 j \.'-l f ' '-J ~ .._ '- '-- U"ld. ;- ~ ~_%. of 0f ·",. ,·//'' ��In the Name of the Common wealth of Virginia: • . . To the Sheri~ of Rockizm Co.unty, Greeting: . ::;~:ae:'.c~::;e.'.h:1.u::e,:::;h~: c:t<t.o~m.Coun~,."'.'he.Comt~ousel to testify and the truth to ?'Y}nbeh~lf ..of the C~mmonwealth agai st.......................................... . ~....tJ; .................................................... ......................................................................... . who stands charged with and indicted for a f~lony ~~ And this you shall not omit under penalty of £100. And have then and there this W'!}:1.Witness, day oL J.ROBERT /"~ THE SERVICE PRESS SWITZER, Clerk of our sai~t, , 191/k', and in the !6~5f1~~ at the Court House, the ../t? .......... Cle<k �// l: ::; --._) c;:; ·, 00 • ~ ...., r~ Q) ·-> • ~' Q) ✓ " f ' 0' i;:::. () E E :J Cl) ~ (\ r ,.; , rr, /4..L/Y T➔/~ t:' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon .....t:..~ at ' on et::t74~futt . to testify and the truth to say in County, Greeting: .....~.~4 of Rock,::;q;t h f of the Commonwealth . .• . ............ t~e ~ourt~ouse1~dr agamst. ................................................. . .......... &~ ............................ . who stands charged with and indicted for a felony misd.em.eanei':" And this you shall not omit under penalty of £100. And have then and there this Writ. Wimess, J.ROBERT SWITZER,Cle,k of out said#, day oL /'~• THE SERVICE PRESS 19/4i'k,rnd in thei?Z~r.Ie,k 6 J.2d at the Court House, the.... �'t\ li" ~ OF<'THI ., ~-~• -r.V.-~~ WI ··----~ JQLYY\--~. 1N Pl-<~RSON. I ~ ~' ~ ·~ ~~ )...; tf.. ~-:--- ~, ~ h r )s"'\,....~ THE COUNTYOF h·JCKINGHAM BY DI::;IP'ERTNG '\. TR'JE EXECUTfD,0'/~IN "" �In the Name of the Commonwealth of Virginia: To the Sheriff You are hercb)}commanded to summon.....1JJ~ of Rockingham County, Greeting: .....'J!!/t~···~················- ·········································-··--·········································································---'---···················-······•·······················································•··········· ..................................... . . _..................................................................................................................... ·--·-································································· ....... to appear before the Judge of the tlit Court of . qingham Count)}, at the Court House thereof, at 9 :30 o'clock, a. m., on the.fi. .......... da)} of.................... ···~····· 191:/-_rto testif)} and the truth to sa)} in behalf of the Defendant in h prosecution of t e Commonwealth against................................................. . ························•······························································································ff~ .................................................................. . who stands charged with and indicted for a felon)} irrfs-dcmcctfff>F. And this )Jou shall not omit under penalt)} of £ 100. Wit"=•(\, da)} of RO,:RT Fr' Massanetta Paper SWITZER, Cfo,; of""' ,,;J Co. Print 19f/kana '" And have then and there this Writ. o/;J; at th, C,u,t Hoese, th, ...../!'!.P- ')f/k~t~. ci"; FORM NO. 5 �l~ .......... ~ rot finding of his frun.il:· Executed July ~ . . 'I .. • ~ ~ ' Janes rorris nor any mer.iber his usual place of abode. 11, 1~42 by posting and leaving at '. ~· 10r.Jam /. E. 3.'1.C. ~~De p• r THECOUNTY.OP ri Cul.1.euder. ~~ posted a true e;o.._y of the within Surrilil.onson he front door of the suid JB.L1es rorris usual lc.ce of abode. . ..~~ EXECUTE;;> 7t.'./S/¼~IN ROCKINGHAl.1BY J COPY OP Tc!Vut.r...!:~~~~~ nlPERSON. �In the Name of the Commonwealth of Virginia: To the Sheriff You arc hcrcb:ycommanded to summon......'21...~ of Rockingham ......2..~J ..... County, Greeting: ~~ .... cJL::::::J<.,-::~~::::::::::::::::::~~:::::::::···················:::::~::::~:::: to appear before the Judge of the ,C~ Court Rockingham Count)), at the Court House thereof, at 9 :30 o'clock, a. m., on thc/.2~:y ........................19..-f..Yto sa:y in behalf of the Defendant in th. the eal~1st... testif:y and the truth to .......................................... ..... ···········-···················•················-··········-············---------· ...................................................................... who stands charged with and indicted for a f clon:y..misd-eme-arror. And this :you shall not omit under pcnalt:y of £100. Witness, J. OBERT SWITZER. Clerk of our saidm, da:y of_......................................... 191./..Y.and in the /?....1~ Jt..::·~······ Massanetta Paper Co. Print And have then and there this Writ. ~ at the Court House, the....t!... ... thpCo~~ealth: ~ ..··•···..··..... FORM NO. 5 Clerk �ot tnis place t,1.;r, - ? he.-) . ,--:;,-7 ~-"T' .,_, G/ I , , ✓{ of 16 ;:ears, •'fn·"' ;.Jn. 11 r:, __.._.., ___,.._____________________ ,..__ _ ----------------------·. / ;--····:·--··bydelivering I Abeing ( .. rne,nl)er ~ ·uos,100 \... . I ~ , ~ ~ {'\ '· uo , wns / -✓< it - oe·1n 88 X-:-- Gl{'{{O \""'.,<-•;-' ·-·------) ••• fl /) /: /., _./ • Uf Jr~.....- -~ U'Jq1-fM /_ ------~~-:Jf/7 /7_ < _____ , ..J....._ ----------------- / 7(),,' .i.,~- .. .. "!V £- J\O --~--r··-./;::-;-7·"/· / ¥, •y•-07 c1 exzJa.inLng-__ • tno ii>u1·oort the.-eof ... 7,/Vc:?7,:ft./'L- and . . .. a of his usual ~ / // ,, • -1✓, _ c. . • at sa1cf,.,..,__•..,f_"""'.,,_,,. .. L.,{-t;·l.'.'~.!".".G · ... :, .,,_______________ _ _______ ~v,,., ,;,:. > "' ~-- the a~ J :77s ....... .. ...L....~....~.........to, I • L...:fC::~~·-··-··:·······at ~'"" ---·-/--;,~~L-~.-- ~ of abode ..a.l..L~L[.-;/(:.Z::?.?j22'[-f',:; 1J 76 l ,o ..~-c..,t. Execut~d c I . / / 14 .4 .J/ 1 . 7 · ...... ✓-'.7. .k:'--~·v.:-:~..!::'.1<... '-':'m person, opv of abode, h{sfa_ m1ly above usual place Nol flndin .z.u~ ..J �tt ----------------------- ~ -~~ - " ti y l-ri,// /"v(/.,L(_ ,',; /'--:z,~ -· (IW-vJ}J - . �f - f- .... +- �COMMONWEALTH VS. ~~ ~ DESCRIPTION Last known address _________~_f£_W,_0_ Colm~ __ Heighr_J~ OF PRISONER __- --·- _): ~- ::-:Ld__ _..,- Eyes_,} ___--~ -------- ---- ---- ---- ---- ---- ---- --- - ---- ---- H,ir_,£'k7- _ Weight__ L_ b(./!_-:: Marks ______________________________________________________________________________________________________ _ fJ.__ tJ_________ Age _____ o/ _-_1,-,-_/-- /JtY[ Date of TriaL ___ Occupation _____ ~~1- --------------------------------------------------- 1, _1,,.-_____________ j_Cj_L/'2-- _________________________________ _ Result ______________________________________________________________________________________________________ ���� 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 Sheridan Dean 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 1942 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_004 Dean https://omeka.lib.jmu.edu/erp/files/original/afb9452785f476e8d07404158c2f80bb.pdf ebba432515e08cd31c58d5b20bb99633 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 Overseers of the Poor: Indentures of Apprenticeship Description An account of the resource Series III is comprised of Rockingham County Indentures of Apprenticeship, which were formal contracts created by the overseers to bind poor or orphaned children to a "master" with who they would learn a trade. Their term generally lasted until the age of twenty-one for males and eighteen for females. Trades were typically determined by the apprentice's sex as well. Active labor and semi-skilled artisan positions were reserved for males, while females often served their term learning to sew, spin, knit, or domestic labor.<br /><br />For more information on the Overseers of the Poor collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aid</a>" tab in the menu above. Creator An entity primarily responsible for making the resource The Overseers of the Poor of Rockingham County 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 1766-1871 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 Osp003_001 Relation A related resource <a href="https://omeka.lib.jmu.edu/erp/collections/show/11">Overseers of the Poor: Minutebooks and Correspondences</a> Is Referenced By A related resource that references, cites, or otherwise points to the described resource. <a href="https://omeka.lib.jmu.edu/erp/items/show/4525"> Overseers of the Poor Finding Aid</a> 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/. Date A point or period of time associated with an event in the lifecycle of the resource 1838 Title A name given to the resource Indenture of Apprenticeship, James Dean to Benjamin Bowman Creator An entity primarily responsible for making the resource Overseers of the Poor Publisher An entity responsible for making the resource available JMU Libraries 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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/">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 Osp003_005_012 Bowman Dean