1 20 3 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_009_commonwealth-v-kirby-strawderman.pdf 4e191a0f23e304e74b01571b7512691c PDF Text Text CHIEF JUSTICE' JOHN W. EGGLESTON JUSTICES, C.VERNON ARCHIBALD WILLIS 0. SPRATLEY COURT OF APPEALS HUBERT OF C. WHITTLE HAROLD F. SNEAD Richmond 10 May 28, 1959 Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Mr. Switzer: The case of Kirby Strawderman v. Commonwealth of Virginia, Record No. 4928, having been disposed of in this court, I am returning herewith the record. The style of this case in your court is Commonwealth of Virginia v. Kirby Strawderman. letter Please enclosed. acknowledge receipt on copy of Yours very truly, Clerk HGT-h .Encls. D. BENNETT EXECUTIVE VIRGINIA W. l'ANSON G. TURNER CLERK C. BUCHANAN MILLER KENNON LAWRENCE HOWARD SUPREME SECRETARY �l. •J l..!.-.,1 �J P. Bell Co.-No. B·500 <tommonwealtb of :Pirginia In the ...... C.IRCU1-T................... Court of the ........... C.QUNTY .......Qf ........ RO~.KINGR.ru'-1 .......... . ..C.OW1QN.WEALTE ..O.f..:V:IR..CU:NIA ................ vs.{ KIRBY STRAWDERMAN TABLEOF CONTENTS Name of Paper Warrant of Arrest Indictment December (with return of grand jury on reverse side) Order of Court showing return of Grand Jury Order of Court showing arraignment of accused plea of not guilty Stipulation Charge Page Date Filed 26, 1957 1 January 6, 1958 2 January 6, 1958 3 January 6, 1958 4 and of Facts 24, 1958 February to Jury 5 February 24, 1958 7 Instruction No. 1 February 24, 1958 8 Instruction No. 2 February 24, 1958 9 Instruction No. 3 February 24, 1958 10 Instruction No. 4 February 24, 1958 12 Instruction No. 5 February 24, 1958 13 Instruction No. 6 February 24, 1958 14 Instruction No. 7 February 24, 1958 15 Instruction No. 8 February 24, 1958 16 February 24, 1958 17 February 24, 1958 18 - Order of Court imposing sentence and suspending execution for 60 days February 26, 1958 20 Notice of Appeal a.nd Assignment of Error April 17, 1958 21 Narrative April 25, 1958 23 Verdict of Jury Order of Court jury, etc. impanelling of Events of Trial Desifnation o Parts of Record to be Printed May 28, 1958 31 I ........ ~:'.....~~J?.~.~.~...¥.~~.~.~.L ............... , Clerk of the above mentioned Court, certify that the papers listed above and filed herein, are the original papers in the above styled case. Teste: .....µ~</~Jerk / ��Comp. Pann 11 I ST ATE OF VIRGINIA OF Harrisonburg ~ No._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: Charles E. Earman, Jr., Whereas, has this day made complaint and information on oath before me, ____ Co1'll!lonwealthsAttorney J_o_hn __ G_._Le __ ake _________ _ (Name) Justice of The Peace __________________ (Title) City of the said Gaxmy, tha~--------=-___,.-c-------,--- Kirby B. Strawderman Rockingham tlm::ondCounty ------------------------------------~·n did on the 25th December know one Mary Elizabeth day of ravish aid carnally the age of five years, , 1~..1_: Unlawfully and feloniously, Miller, a minor female child, to-wit: against the peace and dignity of the Cormnonwealthof Virginia These are, therefore, to command you, in the name of the Commonwealth; to apprehend and bring before the Rockingham County Court of tlmaacild,County, the body (bJlliiDQ of the above accused, to answer the said complaint and to be furtht>r dealt with according to law. And you are also directed to summon : C-liifitonMiller Ressie Miller Dr.Charles color Address Fulks Run color Address Bergton 1'1. Hertzler color Eula Showalter Nancy King Fulks Run Address color Address □ □ Bergton Bergton color □ Address □ □ as witnesses. Given under my hand and seal, this_---'2"-6t=h=---_dayof__ ~--:------,,'7'--'-D-e_c_e,....mb_e....,,r,e;./ ____ __, 19--22. ~:K£ -/- (Seal) �STATE OF VIRGINIA-COUNTY Of _________________ I. ------------------- _, Judge of the County Court Justice of the Peace a to-wit: in and for the County aforesaid, State of Virginia, do certify that and -------------------------, to the Commonwealth as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of ------------------------------------ ($________ ), to be made and levied of their respective goods and chattels, land~, and tenement~ to the use of the Commonwealth to Circuit Court be rendered, yet ujllon this condition: That the said--~-------~-------, shall appear before the County of _____________________ _ County, on the _________ clay of _____________ _, 19__ , at --~---M., at _______________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -------------------shall keep the peace and be of good behavior for a period of _________ from the date hereof. Nonappearance shaU he deemed to constitute a waiver of uial by jury. Given under my hand, this ______ _ day of _______________ , 19__ _....ys _ Judge. J.P. ., ~ n0 'X1 s· ... "' ti) < !" I'll ~ ~ ti 0 ~ • ::,a; > I-'• :;o '1 :;o CT > '<l z I'll 1:1 3 ~ ~ ~ s· o· ::, ~ l . 0 0 c1' > :;o =E 0 C/l 'X1 I\> a I'll z ~ '"i '1 ::,- ... ., -"' ,:.. ( > t"' ::i: a ~ n ~ l"'1 :;o trj Ul CD ~ ~- H ., • 'i ~ ~ l"'1 '"i (") a:: z a:: 9 tJj s, ~ (") 0 °" ~ b "" t U) (') 0 ., ~ e ~ ::s " C: a a a0 ae"'1 3 0 ::, ::s ,, ~ e ... ... > ... (') 0 rn ::,- U) ... ::s 0 '< ::s ""' .. ~ 'X1 > .,... ~ ... :,;- ... "' I'll I'll I'll ti:, ~ s· > ... ::: ::s 0. ~ ... ~ C: s. ., ... ., ... ;.; I'll a 'O I'll ::, ~ oq ~ ;,, .. "' ""' n, ~ ... I'll ::s l)Q e '< ti:, 0 ... ... ::, ... n " 0. g ... <::;· <::;· s, s· s· __;· 0. '< ... ... ., llQ 'O 'O F' I'll e! C" .... ., I'll 0 s, I'll .v, 0. ;. n, 0 {I) >i {I) • L ) ....._ ,. L,, I J (,. d t ) i ,.. t 6 .... ~ g s· s:: D. ., IJQ Ci( 0 i:, ::, ~ ;. 0 ::,- E. 0 (") -=:., ~ n, g ::.· ~- ... ::, n, rn n0 n, "' "' ... ~n,.,n, ... C: - r .... ... "n e. 0 (') 0 C: ::, ... ~ 0 l)Q N I'll 0. �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors the body of the Court of the Strawderman, aforesaid, said County, on the Miller, years, the to-wit, abuse, the Miller, ravish upon their now attending oath 25th day of December, feloniously present 1957, did make an assault a female age of five then December Term, Commonwealth of Virginia, County of Rockingham, Mary Elizabeth Elizabeth of the County, and there and carnally child years, under know, against that in the Circuit Kirby County body of one the age of sixteen and her, unlawfully in and for the upon the the said Mary and feloniously the 1957. peace did and dignity Commonwealth of Virginia. Upon the nesses evidence. evidence of Dr. Hertzler sworn in open Court and sent and Clifford Miller, to the Grand Jury wit- to give of �) INDICTMENT :jrJ~:>7 COMMONWEALTH v. Foreman A TRUE BILL KIRBY STRAWDERMAN 6?1/nt Charles E. Earman, Jr. Commonwealth's Attorney -~ �6, VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAH COUNTY,January 1958. Roy H. Mason, C. V. Grimes, Heatwole, J. Wilson Lee, came as a special grand B. T. Denton, jury, of Rockingham., and after retired to their derman; for having into felonies court their bills: Commonwealth v. Grattan bill as to each; them at this called at this time, term. A COPY. ATTESTE~ ~~Clerk, and the County the charge of the Court, presentments, and after the following in- Commonwealth v. Kirby Straw- Good; Commonwealth v. George Raynes and James W. Lineweaver, and having the grand day Dove; Commonwealth v. Roscoe Nor- man Cook; Commonwealth v. Russell true impanelled in and for and presented as true Sampson; and as to Crawford jury received room to consider some time returned dictments grand this term of the court, were examined, to law a special Clymer C. and J. L. Deter, summoned to this and with Roy H. :Mason as foreman, sworn according Harry R. Kaylor, jury c0mpleted the business is excused until not a before and unless re- ��6, VIRGINIA: IN TtlE CIRCUIT COURTOF ROCKINGHAM COUNTY,January 1958. Commonwealth On an indictment v. Kirby charging accused, Kirby county; requested upon, Strawderman, and said the court the said on advice The court and the of his then fixed said A COPY. ATTESTE~¥ accused for being to appoint without an attorney was appointed Strawderman said the comrnonwealth, came in the custody accused Donald D. Litten Thereupon, and, (rape) Strawderman This day came the attorney this a felony was arraigned counsel, of the sheriff counsel in his as counsel the 24th day of Febru ry next ~ Wlerk. -4- to jail. behalf, said thereaccused. on the indictment a plea of and having for entered was remanded and the of not guilty. for his trial, ��COMMONWEALTH vs. STIPULATION OF FACTS KIRBY STRAWDERMAN It is stipulated the FBI Laboratory he would testify (1) the shorts -!h-£ counsel were called that if an expert as a witness in this from case as follows: That there Commonwealth's of child's between panties, was submitted Attorney to said laboratory of Rockingham County, man•s gray shirt, a pair by a pair of men's white and a white handkerchief exl,,l,,Je.-/ 1,i eut/...enc..e... )e.jre.. . I:.._,. 1 CD ,., -l1u r 'f.. :!J-. fc l:;,-k-,r; I J J/ J>.. \2) That a chemical ana ysis of sefd articles of clothing of disclosed (a) the following: The presence of two small human blood grouping (b) on said of said The presence panties. (c) shirt white (d) (e) was possible. of human blood of said of stains and on said pair of blood pair on said of men's of a seminal stain spermatozoa on the fly men1 s white shorts. The absence of semen on said said of child's shorts. The presence panties, No Such blood was not grouped. The absence grey blood area of handkerchief. of stains in the crotch stains on said white m~•s handkerchief. of said grey containing pair of pair of child shirt, and on 1 s ��(3) testify said If that seminal said expert witness he was unable stain found were present to state on said the white length shorts he would of time had been present. \ arman, Commonwealth Attor -~~b~ Donald D. Litten Counsel for defendant �I I �COMHONWEALTH v. KIRBY STRAWDERMAN CHARGETO JURY If you find dictment, finement than the accused you will say so and fix in the penitentiary five attempted for of rape, his as charged punishment life, or for in the at death, in- or con- any term not less years. If you do not find fix guilty rape, him guilty as charged his punishment in the at death in the penitentiary for of rape but find indictment, you will o~ in your discretio~ life or for him guilty of say so and by confinement any term not less than three years. If you do not find said, but find so and fix exceeding Dollars, his twelve of either him guilty of assault punishment by confinement months, or by both If you find him guilty and battery, or by a fine such fine him not guilty, of the felonies in jail then for not exceeding you will a period Five - 7- say not Hundred and imprisonment. you will afore- say so and no more. �( �COMMONWEALTH v. KIRBY STRAWDERMAN I INSTRUCTION The Court evidence had carnal find further of the female constitute carnal jury that doubt knowledge him guilty The Court tration the beyond a reasonable Strawderman, you shall instructs that organ by the knowledge. in the the from the the prisoner, of Mary Elizabeth as charged instructs if you believe jury Kirby Miller, then indictment. that male organ the slightest is sufficient peneto ��COMMONWEALTH vs. KIRBY STRAWDERMAN INSTRUCTION NO. The Court instructs ant can be convicted was an actual prosecutrix 1s sexual jury 0- that before defend- the indictment, beyond a reasonable penetration the S ofA~.chargeclin Commonwealth must prove there the r '1- P Cl doubt to some extent organ by the defendant 1s the that of the sexual organ. ��COMMONWEALTH vs. STRAWDERMAN INSTRUCTION NO. I ( The Court is presumed that the instructs to be innocent presumption trial. allegation charged There the plea l of "not of proving is no shifting of this the evidence t rial • for it guilty" every land, duty an essential and binding of the jury every upon the of the beyond reasonable bur~en, innocence the of denies element as it doubt. remains upon The~a""c~used and if, after Commonwealth and the condefense, is your duty to , and yo u must acquit You are instructed that the presumption is not it am ere f orm to be disregarded by the but/is stage the whole trial. to prove his from thn woe h 1 him. every and puts and the accusea'·guilt required sidering in law the accused with which crime/he is charged and of the indictment the Commonwealth throughout is not that him throughout Commonwealth the burden crime jury of the follows Moreover essential the and substantial part on the • Jury in this to give the defendant of innocence jury oft case; at pleasure he law of the and it is the J.~ull benefit the of the presumption. The Court further or probability cient of his instructs the guilt, however to convict , nor is • it sufficient - /0- J·ury that s t rong, for mere suspicion is not suf~i- the greater weight �--.._,! �or preponderance the indictment, must be proved theory of the evidence but to warrant so clearly consistent with that supporting his the conviction there the evidence charge his in guilt is no reasonable upon which he can be innocent. You are further to be prejudiced point instructed by the inability out any other to~ndicate He rests his secure that guilty defendant is not of the Commonwealth to agent, own innocence the nor is he called by naming in the presumption upon the guilty party. of innocence until Commonwealth which establishes his is adduced by the beyond all reasonable doubt. - II- proof guilt �~, ) '. '' I ., ·' .) ' 1-;, �conMONWEAt H V • IRBY STBA' DERMAU IUS RUCTIO. NO. The Court instructs jury thet the the Com onwea th to prove that in ictme it 1 such fact the offense t wa committed within not nece·ssary however for beyond reasonable Jl..fr_,,_, the evidence ra!se was committed in a,-,t/ burden is on charged in the Rockingham County; the Common'w' alth th t to prov oubt but only necessary that C4n//incozJ a" I J said th I presumption County-. that the offense �.. 0 �COMMONWEALTH v. KIRBY STRAWDERMAN ----:: INSTRUCTION In considering burden the of proving Court whether the instructs "reasonable" nor its is founded on reason, or possible proved doubt, guilty or not the Commonwealth has met its guilt the ✓ of the accused beyond reasonable that you should not overlook jury meaning. A reasonable doubt and is not to be confused for beyond the imaginable, the word is a doubt with law does not say that every doubt, which imaginable a man must be conceivable or possible doubt. In passing upon the the jury must limit the trial of this its sufficiency consideration case, including ferences to be drawn therefrom. evidence to create find inferences of the doubt, proof to the evidence presented at and reasonable in- the natural The jury of the charge, cannot go beyond such nor can you go beyond such evidence to of guilt. the jury of e in mind dence, from fro any particular material and fact and nonessenti not a mer sta If, the evidence, prevent accused, If, sideration viction all after a reasonable and honest your minds are you from reaching then in such a state a convinced belief~of the Commonwealth has failed on the other of all the of the truth reasonable left consideration doubt. hand, after evidence of the charge, case, of of doubt the guilt to meet its an impartial in the of all as to of the burden. and reasonable con- you mve an abiding you are then satisfied con- beyond d✓ ~ -5;. . �) �COMMONWEALTH v. Kffi.BY STRAWDERMAN INSTRUCTION The Court evidence evidence, is further instructs just as legal provided that of such character of the defendant's jury anc}fu.aybe just the and force guilt the attending that circumstantial as effective circumstances as to satisfy beyond reasonable as direct proven the minds of the doubt. are jury �) �COMMONWEALTH v. KIRBY STRAWDERMAN 1 INSTRUCTION The Court nesses is a question the right the stand, sistency their ship to determine their weight that exclusively for the credibility the jury; from the appearance intelligence in the result which witnesses jury testimony, of the witnesses surrounding the manner of testifying, of their apparent witness other instructs their or lack trial, and the jury of the witnesses the reasonableness apparent candor if any, if the any/4.ppear, have on and con- and fairness, of intelligence, to the parties, of the of wit- the relationinterest of the and from all circumstances appearing on the trial, are more worthy of credit and what is the relative of any such testimony and to give credit determine accordingly. ��Commonwealth v. INSTRUCTION ---- The Court criminal instructs the case by a jury of twelve the minds in the Each individual a reasonable doubt his oath, should feel of the jury, convinced before consent the fellow jurors, defendant's in this ions juror case, simply convictions. doubt member of the in this should guilt it case, as is set is his because forth his beyond before he can, Each juror own mind should of the defendant's after such reasonable of the jury guilt if duly considered consultation in certain be Therefore, having duty not to surrender the baiance a conviction upon him as a member and after entertain before of guilty. jury, of a concurrance of guilty. that to a verdict the guilt resting realize trial must be satisfied defendant's beyond a reasonable evidence of guilt to a verdict and should upon the law contemplates the responsibility any individual all of the he can consent that conclusion can be had. under jury with his doubt of court instructions his own convict- entertain different �L J ���24, VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,February 1958. Commonwealth v. On an indictment Kirby charging accused, Kirby county Litten. Strawderman, and by his facias, twenty duly qualified ing the names of said heretofore from exception; twenty from the names of four D. Click, persons persons, L.B. Carr, Dwight Lantz, Justus Biller, K. R. Alexander, Brock, who were selected was handed accused according it Leon Awkard, Willard and truly try from the court the evidence room during on behalf moved the court beth Miller say, and Clifford ed, by counsel, the court to constitute and true on behalf offe for there- namely: Hawkins, E. Caricofe, the jury, heard of the witnesses, testimony and having to strike verof the a portion in his Mary Elizawas hear- completed the the accus- excepted behalf, of by counsel, the same, which motion by counsel, ed no evidence and case be excluded the accused, their A. make be- On motion of the commonwealth, and the defendant, having And having because sustained; twelve, deliverance in this commonwealth, Miller, struck at the bar and a true witnesses the evidence moved the court overruled And the accused of the the court of the evidence all contain- E. Simmons, and William the trial. to strike which motion hearing that of and found a list Westbrook to the law 2nd the evidence. was ordered writs to the attorney and the re!'!lain n as aforesaid of Donald D. who each alternately Ch rles and the sheriff under whereupon, tween the commonwealth and the prisoner render appointed, Roy S. Wright, Mervin Biller, who were sworn to well of the were examined by the court the commonwealth and the accused, Charles custody summoned by the sheriff persons and free for the commonwealth, came in the attorney And from persons venire dict (rape) Strawderman This day came the attorney this a felony thereto. thereupon, �', ) ) �the jurors received and having heard the written the argument their room to consi again ·nto court jury, find the accused ent, for and fix er their his the the verdict said of the verdict evidence strike verdict, guilty jury is contrary to support it. counsel, the evidence submitted 3. Because of error in instructions 4. the accused Because under the constitution; be assi said ned in motion, Wednesda~, and further February Hawkins, grounds. the court proceedings thereon 26, next; End the accused A COPY. ,£¥o/lerk. trial grounds Wh reupon, to set aside the and is without in failing to commonwealth. of the court a public foreman." 1. Because erred of the on such other jail. ATTESTE:zz~ in the penitentiary the court on behalf was not given and, riting. in the indict- to the law and the evidence 2. Because to "We, the moved the court on the following retired verdict: at confinement court, some time they came as charged Westbrook of the jurors and after of rape, (40) years. b the the following punishment accused, instructions of counsel, and returned a term of forty Thereupon, and oral given the jury. as guaranteed as may later took time to consider were continued was remanded until to �I ) I �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,February 26, 1958. Commonwealth v. On an indictment Kirby and the accused, sheriff Kirby of this and by his And the court the accused made at a former dict jury, of the the accused, Kirby (r !)e) by c~unsel, came in the attorney having custody heretofore considered appointed, the motion aside the same, to which action excepted. And it bein of the of the ver- of the court inquired of said if anything he had or knew to sey why the court not pronounce sentence on him and nothing alleged in delay thereof, it incident penitentiAry hard labor to this of this in jail state however, a aiting is hereby order to allow the verdict b of the of 62 days, or the court Strawderman he be confined the term of forty to a credit on motion suspended of said for the said Kirby the Supreme Court judgment with and that offered the in the (40) years at jury, term said time he was held trial. However, tence for being considered of the said Kirby prosecution, in accordance to be subject, therefore is the commonwealth recover costs for the commonwealth, day of the term to set overruled Strawderman should the attorney Strawderman, county Donald D. Litten. the a felony Strawderman This day came again that charging of Appeals of this And the said a period of Virginia execution of sixty Strawderman of said Kirby Strawderman ~Clerk. sen- (60) days in opportunity for a writ to apply of error court. A COPY. AT·TESTE,f!$,"1:f-";~ accused, was remanded to jail. to to �\ ( ) \ �VIRGINIA: IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY FiledIn theClerk's Offic Rockingham County, Va. COMMONWEALTH OF VIRGINIA vs. APR,1? 1958 KIRBY STRAWDERMAN / NOTICE OF APPEAL AND ASSIGNMENTSOF ERROR To the Clerk of the Counsel for Kirby styled case hereby give notice case in the on February Circuit Court of 'Rockingham Strawderman, Circuit Court of appeal the defendant of Rockingham from the.order 1958, and set forth 26, County, in the County, entered the Virginia: above Virginia, in this following assign- ment of errors. (1) That the Dr. Hertzler, to testify Clifton Miller of the defendant. (2) Ressie made by the cured of the LAWOFFICES GEORGE D. CONRAD DONALD D. LITTEN ASSOCIATE victim, That the erred and mentality objection in allowing to testify instructions and exception the witnesses, Miller, defendant, of as to statements Mary Elizabeth of the Court Commonwealth's erred jury character the witness, over which error of the the was not Court to the jury such evidence. (3) the in allowing over the Miller, subsequent to disregard likewise Court and exception by the stri~rn Miller and Clifton alleged erred as to the and Ressie That the Miller objection Court in failing as contrary of which actions of the erred evidence in failing after and refusing to the Court it and refusing rested to set law and to the the defendant aside its case and the verdict evidence,to objected to all and excepted. �J �(4) No. 5 That the Court over the objection erred in granting Instruction and exception of the accused. First National Harrisonburg, Bank Building Virginia First National Harrisonburg, Bank Building Virginia Counsel for Defendant. This is to certify that a-true copy of the within Assignments of Error was served upon Charles E. Earman, Jr., Attorney for the Commonwealth, by delivering the same to him on April 17th, 1958. LAWOFFICES GEORGE D. CONRAD DONALD D. LITTEN ASSOCIATE �____,, �WRITTENSTATEMENT,IN NARRATIVEFORMOF TESTIMONYADDUCEDAT THE TRIAL OF THE CASE OF COMMONWEALTH OF VIRGINIA vs. KIRBY STRAWDERMAN February 24, 1958 (The narrative shows the grounds of objections made by accused) WITNESSES CALLEDBY THE COMMONWEALTH CHARLESW. HERTZLER (This medical doctor witness's were stipulated Being first examined duly That for the witness Miller Virginia. as a competent by counsel sworn, Mary Elizabeth at Bergton, years qualifications testified appeared old and was somewhat frightened. bloody. That her vagina accused) that he had 1957, in his on December 26, the child practicing office to be about five That her underpants was spread apart were and somewhat bloody .J'e,I' I tJc<J' but that there surrounding was no~hemorrhage. tissue accused on the unduly prejudicial was torn. grounds that he knew the laborer and always The witness injury at that." an outside something in his defendant Miller his testified to the That fingernails paid other than a penis that he did not That he based 1his opinion object the was a high moron. professional but on the injury medical op·nion 11 and a big one the vagina. beeause it fact would not cause testified that bruises was by was so remote, a second of the the That there might have been caused such possibility give to was a day have been done by a finger that That a penis Mr. Miller Mrs. Miller or cut and was permitted was done by a male penis couldn't possibility that of the was immaterial that in his would have scratched opinion, bruises. bills; and the and exception the witness family, that child it Over objection such testimony to the testify the that That the hymen was torn consideration. complete absence whereas of a "ha:a.d" would bruise. RESSIE MILLER Having been sworn, Elizabeth Milllr. That the Christmas Day, 1957, the child accused is five she is the years came to their -yj- old; mother of Mary that home about on 12:00 �) ) .., �Noon; that ·he asked candy and that accused child let permission permission to take the was granted; and "had something against that him"; were gone from one to two hours; the child back in the out of his was then that the asked whether ment as to what had occurred on the grounds that come within was taken she did not that car and that the some like accused the and the she saw the accused accused did not come and counsel such statement for the for the objection chambers so that statement was, if it that developed in fact, by its admission. ..,. defendant excepted. asked hearsay The Court objected hearsay to the hearsay and the defendant accused would constitute any exception up in chambers, Mary had made any state- rule. and The matter was overruled, and e../"..J' \Ntl-n counsel to get her house. The witness did not child the i:1 i:Ef be examined on cross-examination the jury refused in that said would not be prejudiced to grant this motion and - tinued and the witness ment that panties her, legs. that that of the witness the child she found That the child That the reason con- had made a state- blood on the was taken she wasn•t then taken child's to Dr. Hertzler sooner was because was no means of transportation. On after day. examination testified Kirby had hurt and on her the next there Direct cross-examination she interrogated that the child for the accused by the child disregard the witness Mary as to whether made an affirmative the recited testified Court then by the witness all it was only Kirby had harmed her answer. struck that Upon motion of said and instructed of counsel statements the jury made to such statemeni:$. CLIFTON MILLER Having been first Mary Elizabeth Miller. sworn, testtfied That he lives that he is the father at Fulks Run, Virginia. of ��That on Christmas to his home to visit. witness child and that to get occurred. took the on the come within me. tr that came back about wrong with the doorway for then the that he did not know whether the statement of the child and did not was per- 11 that Kirby hurt was crying. that she stood he did not just the and found blood girl was questioned and, the testimony Court, inside the jury anything; on her legs; or not upon motion of the witness and instructed coming accused the witness testified that That child hearsay rule child child the she made such statement, struck 1:30 p.m. of the her mother the permission, to ha 1f an hour with out saying examined then told child; his the accused, constituted the witness that before wife and exception child 15 minutes with his and was awakened by the say that examination see anything accused, to the hearsay the not out of the way had ever the such testimony That he could On cross nothing objection came home and took the the any exception to testify came to the child defendant was a nephew of the occassion Over the that defendant often had been sleeping room. 12:00 Noon the and that and that grounds mitted defendant candy etc., the child about That the That on this the witness into Day, 1957, of as to the to disregard it. W. A. SPITZER Having been duly of Rockingham December 27, Strawderman County. 1957, Timberville operated testified at 10:30 o 1 clock That the by Benny stated Day around and fold that That he arrested and the accused home on Christmas some candy. sworn, 12:15 accused the ener,,,1/y rrAand and ore candy bar and that stated he is a Deputy Kirby a.m. that Strawderman Sheriff on That he interrogated he had been at the Miller and had taken the child they went to Dove's to get store store in closed and then went to a)store 4 k ,.,, kh·,.._;h•,,., ~,,.,+-y got two or th.Bee bottles of coca cola l:,,,ow'J the girl had been in his sight all �'' �that time and hadn 1 t gotten and that they accused's never underpants same underpants into and the Highway 259. accused from the accused the molesting State car or out of his stated he had worn on Christmas a handkerchief goes left out of the State or having 1s intercourse That he took the that Day. with they were the That he removed automobile. of West Virginia. sight Tb.at Route 259 That the accused denied the child. STIPULATION A written was entered if into an expert witness stipulation, between a copy counsel from the F. B. I. he would testify which is attached whereby it Laboratory to the facts was stipulated were called therein hereto, that as a conceded. WITNESSESFOR THE DEFENDANT The accused offered The foregoing testimony Virginia 22nd, adduced vs. 1958, Kirby and is written no evidence. statement, at the trial Strawderman, of the in narrative case was tendered form, of of Commonwealth of to me on April ��The foregoing testimony Virginia my office adduced vs. Kirby on April written at the statement, trial Strawderman Ya of the in narrative case was delivered , 1958. Virginia form, of of Commonwealth of to and filed in �..J �vs. KI.Y MD I i ·i ul · wer e t e r .. e (1) 0 " or the . itte gr y 24th ... l e ( ) ·J.Inan lo _upi;ig (c) of bloo i t h a c-uc bl • ·h a ence of was po pi w 0 io 1 l • ehil 0 ' • od on sa1 bl ia p ir o 0 r. roup not ot o n blood f'h tairu3 an me ts horts. r ) on th it t .... I; e , 1 mi tin l ly of s i .i. cot pair in 0£ orts. n f 'J. p tain or sal Cl' 1 before or _rticle mall ce of st i (e} o:r on s 1 han'kerchi 2n ,. it 1 w te n' of in evidence 1958. of t o ~ pr s (b) ar .• ollow pres nc 'l'h , 1 of February~· pe1 unty,_ ' ..arc • .1 :r eY.hibited ,. tory by labor C ,_ jury (2) to s 1 or h c se .• llo• l,, th a witn se 1n thi 11 fro .p r t _l eoun b 1 gre-, 0 1 ' whit n rc ief. 1 1r o ch.11 irt,_ an 0 • �) ..:01ed e!).neblve· 0 £Li: bed".td.i:rixe • )~~1 .... } f.. t e • J ) f t r �(3) testify If • r that sa1 • semin l resont e t&in fo on pre ent. /s 1 w ite he would J. ort b n ��COMMOt~iEALTH OF VIRGINIA vs. KIRBY STRAWDERMAN Be it remembered, 24, February 19.58, that at the ~@,;frft3Uwr◄itilg trial tended the to reduce guilt Attest, certificate, within grounds instructionAwas burden the '"}y- 60 days of final degree day of April, same having that the on on behalf of the instruction on the Commonwealth of establishing of the a~cus:_~ below the this given and exception of the objectionl::eing the above case #.S- of the Commonwealth over the objection accused 1 the of the required by law. 19.58, to the above been tendered to the undersigned judgm~. Ju~ Circuit Court of Rockingham County, Virginia ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA vs. Designation of Parts Record to be Printed of KIRBY STRAWDERMAN Pursuant (b), (c) and (d), above captioned 1. to the provisions the following criminal parts case Indictment of Rule 5:1 of the record returned by the grand with return /4..),<-<6 2. of facts "Stipulation /JI The stipulation omitting therefrom at the trial including case, "Instruction 5", 4. 5. therefrom of exception The verdict of the Notice attached side, page 2. between by the Court the I to the jury, caption and of court ~ on February "Notice 24, 1958, page 18 Court I of Error, omitting of Appeal and / page 21. in Na I:Tative therefrom thereto, the carbon pages Form of Testimony copy of the stipulation 4 23 to 27, inclusive. MAY?~1958 GEORGE D. CONRAD DONALD D. LITTEN Counsel ASSOCIATE - JI- for Kirby Strawderman 1 ; 1/-z- ¾ on February Filedin the Clerk'sOffice Rockingham County, Va. LAWOFFICES I page 17. by the Circuit and including jury page JO. of Appeal and Assignments The "Statement Adduced •. " excluding at the and including therefrom entered 7. 8. into to such instruction, The Order entered of Error", on reverse page 13, and certificate 6. Assignments of facts omitting Order of Court the caption jury entered the caption No. 5 given Instruction of this as to saving in the page 5. of Facts", ~:JO 3. 6 are to be printed. December Term, 1957, together counsel, Section ��Due and timely parts LAWOFFICES GEORGE D. CONRAD DONALD D. LITTEN ASSOCIATE of record service to be printed of the foregoing is hereby designation accepted. of ��VIRGINIA: IN THE SUPREMECOURTOF APPEALS OF VIRGINIA KIRBY-STRAWDERMAN Plaintiff in error, Defendant in error. v. COMMONWEALTH OF VIRGINIA DESIGNATIONOF ADDITIONALPARTS OF THE RECORD WHICHDEFENDANT IN ERRORWISHESTO HAVEPRINTED To the Clerk of the Supreme Court of Appeals of Virginia: II Pursuant to Rule 5:1, of Appeals of Virginia, counsel, hereby it wishes §6(b), of the Rules of Supreme Court the Commonwealth, Defendant designates the following parts in error, of the record by which printed: Instruction Print All of Pages 10 and 11. No. 3. COMMONWEALTH OF VIRGINIA, Defendant in error. John W. Knowles Assistant Attorney General Of counsel for Defendant in error. September 17, 1958 Supreme Court - State Richmond 19, Virginia Library Building I hereby certify that I have this 18th day of September, 1958, mailed a copy of the above designation of additional parts of the record to be printed to George D. Conrad, Esquire, Attorney at law, First National Bank Building, Harrisonburg, Virginia, Counsel of record for plaintiff in error. . Kno Assistant Attorney General I �,.. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Kirby Strawderman Subject The topic of the resource Felony Rape Description An account of the resource defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_009 Strawderman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_008_commonwealth-v-kirby-strawderman.pdf fd280a45aeda87ce83e1bdcb64286224 PDF Text Text ���������������������������������������������������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Kirby Strawderman Subject The topic of the resource Felony Rape Description An account of the resource defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_008 Strawderman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_014_commonwealth-v-robert-strawderman-sydney-strawderman-and-benjamin-carr.pdf 524a46f692fc582c7f14033c370dd478 PDF Text Text 6 ARREST WARRANT The Commonwealth of Virginia,} T .t Rockingham County, o-wt To the Sheriff of Said County: D_._F_._D_a_v_i_s _________________ Whereas, ____ of said County, has this day Harry Lee Bryan, made complaint and information on oath before me, Clerk T. Robert or about of the said County, that 1st day of and feloniously break of the said County, on/he unlawfully time, with intent and carry Strawderman June and enter (11) rolls and $45.00, the property dignity of the Commonwealth of Virginia St. These are therefore, in the name of the Commonwealth __________________ ..t--t St. 38.' Johns Church, did then and there roofing, take, _ steal, of the value of the peace and of Virginia, to command you forthwith to apprehend and bring Strawderman Robert "" Strawderman and C)-~ , Q_._,,....,.... to answer the said complaint and to be further dealt with according 29th day of __ ~J-u=n=e~---• 19_3_8_. jjMA'f~&!-£ Memo. of Commonwealth /:1 "!1'\..:, ,.,.,...... in the night to law. Given under my hand, this Court (J in the said County, did.___ Johns Church, against before the Trial Justice of the said County, the body of the said Sidney , 19 of galvanized of the said T. J, and Sidney Strawderman to commit larceny, away eleven J. or J. P. Witnesses: �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: I, -----------------------------------• in and for. the County of Rockingham, (T. J. or J.P. or Bail Commi,sioner) of Virginia, do hereby certify that _________________________________ ________________________ Commonwealth as his su~et ____ , have this day acknowledged of Virginia in the sum of _________________________ which they severally waived their exemption, themselves _ indebted to the dollars ($.________ to be made and levied of their goods and chattels, yet upon this condition: ____________________________ State and _______ _, as to That the said shall appear before the Trial Justice Court of Rockingham County at ______________________ , on the. _______ day of ____________ , 19__ , at._____ _ o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before ..ny court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void; otherwise to remain in full torce and effect. Given under my hand this, the ________ ,19_. _ day of T. J. or 'O J .... ~ 0 Q; \,y u V ~I -~ .µ r--~ ~, ~ 0J ~.., "' ... <I) -< ~ ...... I-< cu C: cd r-< ... ... cs: u 0 Q ·a "i=: u '.J cu <I) > 0 B -~ -r v·- ..c:: .., "O <I) .., :I u <I) x. . p:; i:.ll u ~Q-~=-~-Q: ~! ~ ½!o: QI , 1 t z p;J ~ a 0 ;:) ~ ~ I '-+-< : J \ 0~ th ·c::ig .9 u ~ ;;l s ..c:: .s VJ, "-:r , -t--, .., ~ <1)1.:A 1~· : th \ <I) , ~<IJ "' ~ •j1 ~ \ "O ..c::-C: ,\ - -~ ::, : th \ \ <I) v ~J -+&~ ~ ~ 4--...: .., . C: ~ ' ....... 0.0 8...C:: uh vC: 1, ~ i-~ J .. ~ 1'() ,! .s ::, ~~j()\:)r\~ I"'- OL:,-:> ~ ' C: ,0 0 s0 ~ • :.E ...,. ~ Q) .,; C: ...... ~ ~ --5 I C<l c.tl ~ .p 00 .p '----.,-1 ~ ... ... 'O ... "O i:; C<l Q) <I) ~ 1~ . I .., ~ or Bail Commissioner I \ s:: cs: 0 "' ;::l --. ........ ..., ~ C: z.., ... cs: A c.tl .., J. P. ~ -"' <IJ ~ ~ ~ : <I) ~·c Cl) : \ \ "' \ C: \ :.) I "' ~ \ ,_2, .., - -~ : ._. <J: ~ ~ ~ -= : ~ ai ~ .::: ~~·- 0.(1 .S 0u ~ C: 0 sS <I) ~ .a i:l C: ' : , : • , ~ ,_2, cu ·c f--, • "' ..c:: ~~ \ <I) C: O .., ~c: s S \ >o ~ E O ~v ..'o cJ J°:: <( Jl (3<( 8 ~ ]_ \ .\ ........ f' ~ �TO THE HON. H. W. BERTRAIJf, JU1.JGE OF THE CI CUIT COURT FOR ROCKINGH,.[ COUNTY: We, the undersigned neighborhood, a circle whose respective extending hereinafter persons,of homes lie approximately mentioned Benjamin of the Coates Carr, Store our knowledge, information nineteen of age; years within two miles That the said Benjamin a resident the Cootes the radius of from the home of the respectfully Carr St~·e rep~esent: is a son of Charles community, and belief Carr, and to the best became, of in September 1938, That we have long known the said B enj arnin Carr and can vouch for event the fact which led with intent excellent that to his until indictmant to commit larceny, reputation the happening for on a charge he bore honesty, of housebreaking in his industry, of the unfortunate community, and general an integrity of character; That notwithstanding which he is charged, by nature likely of criminal again is our earnest prospect our belief tendencies being belief would be greatly and hope that under he is not and would not be offense all of the accused the circmnstances, hereafter enhanced with offense; the f_irst that of the offense or instincts, for making the accused citizen that is to connnit a criminal That this it it the gravity the a good and worthy by suspension might be imposed on him for punishment of any sentence by confinement in prison; That Charles Carr, is a worthy Carr, citizen the father of t,he Cootes of the said Benjamin Store community land ( enjoys the confidence ge-q.erally ; and respect of the people of th~ community ��That the social the said sailt Charles Carr son, Benjamin conditions in mitigation Benja~in is charged, might be punishable for of the probation which or penitentiary,it that execution that during such conditions of the accused, be put under probation officer, that under good behavior, of probation as the may deter.mine; That we are for of an offense interest dtisable, are is our belief might be suspended such time and under court there with which the said in jail the public be deemed the supervision that Carr be convicted with of confinement such action of the offense by confinement would be compatible if to believe and on the whole it the said Benjamin sentence to his ; circumstances should at the home of are such as would be beneficial That we have occasion Carr existing the ~alue and others, informed of the property and believe taken that full by the said Benjamin ~ OfenJ~ F~~ rr vtia, im submitted, AGE OCCUPATION 4-~ ~~~ 7~ 3~- G7 $ .~t .41 Hip a h, .J I 5& • ~ /4,,. 1 ~ ulf;c/4. -~7 rJvlUU, YI Carr has been made. Respectfully J. reparation ~ (J.. ~ JrAA/4 ~, 2 -~ ~· ~eL~ �t ' (_ (I .. /-t ~ r.!':./ 1. ~ ~t ~ ~ NOLLVcfil::)::)0 ~ r4 0 [' ' ~ ffj ,f I -z b ~f ~ ,-z, ~ ~ - ~"6 I ! ~ �.AGE NAME OCCUPATION " f , ~·/~J..n C) ·S . t1 it ~ ,,,,,.-' 3 ,I ,/ ' J t, , Vi I ))J , (jj__ {p {) JU, C(.~~o J~J.JV __ (/.; 4 j :j' i fb, 1~ Yi I J--~ 3 - { I I ~ �J , C , ~r ;A'J?' ~Q}# ~r .NOIJ.V dll ano ~, J !1 I y /-rt ~It ~P _,,,. S:DV . ~ -f r/ ~ '] 11 ~~;t -- mi\'N �' NAME AGE OCCUPATION I I ~ S-£ I L/'I I ';/ I :P,r,,,i,n,,;,,. /- CJ 'j.- I-II ,:;t:;J- --43~ J L .5 q ~re--' J o/ ,,r__,_.._,,..,, ~ &)7/jf/,~ ~ ~ ¥- 71_. h- ..J-1~1J!: ~ ~I V '¥--J~.A;.,·vt,~1/ & 'f:. (2,1, 1~;; 1/ ~ r; -#M'V\~~ Id ~ ~ lrr- "'# I 1 01-- J ,, ~hn-- ·-~~J •W•1 ~ 'rw ~ • J:1ti___,,~ . S 3 ?1-dL- . �NAME ,...., 'JI' AGE OCCUPATION �• AGE f.~(_., ~~- ~-. 11/a ~,- 1--ow»Uh.. �,- NAME AGE OCCUPATION ��.,.. ��I~ • / '/ TRIAL JUSTICE COURT V.) t..9-✓J.f~ µ,o fa} ~ ,Li~c(yu,•<-A_,.,J µ~ft~~~~1~ - 8,"f~~b/=~- - - - - �Witness Sub 18 oena 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 ;,Q~, in the pending case of t/;(,•11,,u 1Lr1 of Virginia, to summon.-,-,-________ /J!w ../h/ll1"' t2+, Jw ~ i--4.{,,([7fl Jii; v. --l-¥--'f"--=--'==-=---~--"n~~~rfMAM~11;,v"'--'-=----,-, ----=~~--"----~----=-=-=-==---------Given under my hand this Joj:4 day of ~ r , 19 Jf? . JkwJif!Jtt~ _ �Trial Justice Court L . Docket No. )'Sa' v.} Witness S.ibpocna ~~~ ~ e4wJ , ~ ~~ �Witness 18 Sub oena 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 George A. Bowers, Hunter B. Lloyd, Dinges Jr., of Virginia, to summon _________ _ Laur~ _ Dinges,---"a=n~d _____ I M-i.1-lard • to appear before the Trial Justice Court- of said County, sitting at_--=H=a::..::r::....:r:::...i=s-=o..:cn::..::b:....;u=r=g~,-V--=a=-:•:..._ ______ _ in said County, on __ l_2_t_h ___ day of of that day to give evidence in behalf of __ in the pending case of Commonweal th July , 19 38 ,atthehourof A. _:C,,,_o,.,,...mm.....,,o,.,.n~w=e..,_a_l...,,t,.,.h.,.______,o..,_f...___."T[i,....au •._________________ v. Strawderman, &.c. JI',-----------------------------------------Given under my hand this __ 10:00 -~7~t=h~ __ d.ay of __ ~J'=u=l~Y'---------- M. _ �Executed county of the within Laura Dinges on the 9th ·ctay of July,I938,within the Shenandoah,by deliverin 6 a true copy of summons in writing to Hunter B.Lloyd, and Millard Dinges.Jr.,in person. /J~. 1/I~ c c;;:_""' 6/"~e~ d' s.s.c.va, ~t ~/ a 0 ~ c+ :<: Cl.) p' ~ I-'• c+ ?,<> (l) • :::s rn rn (l) CJ) 0 ._,.., ..... §' ~... ... ::, Cl) « n, Cl> Cl> CJ) (/) ~ 'O 0 c+ :s p, Cl) i ::::s ... §.. n ::, I» a a 11 0 I ~ tj 0 ~ n, ... g: z Cl) I)) ~ ..... e. I-' 0 f ....... C "' ..... rt n ~ () 0 C >"I rt �Witness 18 Sub oena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the narn:~ of the Commonwealth to ,ppm be/me the Tri,! Ju~Jt' in said County, on Comt of said County, sitting at IY - day of_ ~ of v· ginia, -~,;,,,_ , 19dl_, to summon _________ ~ 1 _ 11':" at the hour of_~f_f}~~/£~-~eh~--- of that day to give evidence in behalf of_....,_D.....,..~~L~~~~~~~~~~........,11J14"'-==-c..._------------------ in the pending case of_.1...~~~.::....::..;::........::c.....=.---=----=-W£cj=--=--/,__U<=...::;_ _________________________ v. __.~~~. _ ' .v /;6'-'-'--"'U,u)~~~--""-:----~-' ------------ Given under my hand this ___ /__ - __ day of __ __,,J'--N=~<..___c:+--------·• ZI 19~. ~M~ �, ~ ~ ,f Trial Justice Court JI -~ 1~ No . Docl'.et ~c IR.tl/lMµ~ utttiJ.11/v , ~~ v. } Witness S ubpocna ~ ~ ~ ~ ~, ~ w~ ('' \ �• t �# l it I �C01~10NWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of said The grand and for jurors the body of said ing said Court at its present that county, a certain Luthern Congregation, enter Luthern with of the Carr, church Congregation, in the to steal, roils of galvanized roofing in the chattels said said take, building and carry St. then of the Commonwealth of Virginia. sworn in Court Sidney Strawderman, and sent before dollars, being away, ~gainst is found on the testimony jury to.give Congrefound, the peace of D. F. Davis, and George A. Bowers, the grand John's and there uthern and there and dignity ~-A.Rhodes, then and aWf{y, and eleven John's did steal, indictment and carry St. of forty-five feloniously This take, did break building_ of the value church John's of the said church do in said of St. feloniously of the said oaths June 1, 1938, the property situate, in and now attend- upon their 193~, goods and chattels feloniously gation, term, building, being, of the goods ad of Rockingham, on or about there the Commonwealth of Virginia, county October Benjamin intent, County: witnesses evidence. �--r· l HE Commonwealth v} Indictment Benjamin ~ Carr Felony October term, 1938 A True Bill: ~;m:~ \fitnesses: ,, D. F. Davis W. A. Rhodes ✓ Sidney /George Strawderman A. Bowers D. W. Earman Commonwealth's Attorney �Commonwealthof Virginia, RockinghamCounty,To-Wit: .............. ,l~.r ........................... .....~ .. , of the said County of Rockingham, ------ (J. P. or Bail Commissioner) ·~~.~ ' •~7z::;z~~m~~wc,hh of Vi<gin" ,.ch in~::,::~ (:f to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth of Virginia rendered, and they each severa ly waived their homestead exemption to their recognizance; yet upon this condition: 0 .................. .~....... ~ ....... That if the said... 7Rtfl£- lvs ~ Court of ef /IC~~ /f..2. r._ . ~A,.,~, ~., shall personally appear before /~~ the Courthouse .... ....q:enn thet'eot, eeieg . / ..~........ day of the of said County, on the ~ daJ-of_ ...... and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with the said charge, and then and there answer ::~~• '~ und« ,~d mogniz,n:h:~: ~=d :: charge is finally disposed of or until it is declared void by order of a competent court, then the above recognizance shall be null and void; otherwise to remain in full force and effect. IN \VITNESS WHEREOF, I hereunto affix my signature this ... ........ / ..................... , 19 ................ . .. 7. .... day of �In the Name of the Commonwealth of Virginia: who stands charged with and indicted for a f elony--m.isJe And this you shall not omit under penalty of £100. day And have then and there this Writ. :;'"~'·..;:tJ~~~s7:~~·R""~l::~,:'.•~:~•~''.~~:::,'.~~:~~ Massanetta Paper Co. Print FORM NO. 457 ~ ��Commonwealth of Virginia: To the eriff of Rockingham Co n ;y, G~ting: ............ .......:...U.r ...... . You are hereby commanded to summon .........~~···········~ ·················•··································································································································;·•························· :: :~::a:, :i:::,e a~~.:::g:h:f ..t7..7-~tta:;:/1.. to t"t;fy ~~·~·~·i·~~~~......~~~~:t... ~t..'.~~...~~~~~ ..:..~.1~sethereo , •~:,'.'~e:::::;: th, G~~~ 1.~~: who stands charged with a felony misde-meanor. - And this you shall not omit under penalty of £100. Witness,,,f. J5O¥RT d,y •f THE SWITZER, Clerk of our said 01trt, at the Court Home, the ..//. ~'. S£1lVJCE. PRESS, 19 HARRISONBURG, And have then and there this Wri'd VA. Jf, and ;n th,Jh.. -'.~~ .............. Cle,k �Not finding Sidney Strawderman at his usual place of abode,Bxecuted Oct.,I2th,I938,by delivering at true copy of the within summons to Dora Wean his Mother in person at said Sidney Strawdee man usual place of abode Dora Wean being a member of his family above the age of I6 years,and explaining t~ iu~ort th~reof to her. _!i]I!,'~-Deputy for J. J 0 0 w. Bazzle,s. R. c . • • "2 #> ~ Q) J a, f:cl ¾ Ol .. ~ ~ ~ "- ~ •rl ~ ' ~ \:J ~ Q) ..c: (I) ~ •0•1rs'atzzns: ·!A • .r .roJ .a~ndaa-· ~d;-q •uos.red u1 qo~e s.reMog pu9 sepoqa•v•ma oi suoumms u1qi1M eqi Jo idoo an.r~ u ~u1.reA1taP lq'8£5I'qi~r'•ioo pa~npex~ •v •oen --- 1- • 6;> ..--~;--·:.,.~-:.-.-. .10.(dO{)&A.Q 'If llUl~l\!I �COMMONWEALTH V. ) Felony BENJAMINCARR ), I (hb) ,. ~ I # �( � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Robert Strawderman, Sydney Strawderman, and Benjamin Carr Subject The topic of the resource Felony Breaking and Entering Stealing Description An account of the resource Defendants charged with breaking and entering and theft 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 1938 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_013_014 Carr Strawderman