21 20 4768 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_014_commonwealth-v-alvin-lee-hensley.pdf 047c1fcb8b789058d87315d4ab4e48ff PDF Text Text Docket No. ,1../tJI 1 ~OCT COMMONWEALTH of VIRGINIA VS. Indictment J Felony (manslaughter) ) ALVINLEE HENSLEY _G__;e....::...cor---'-g.l....:..e_D__;._Co=---n_r..:...:...ad~------P d. Own (x } Appointed 19 2 Oct. 15. Return ( } of Grand Jury. Nov. 20. Jury impanelled, etc., verdict of acquittal returned. 11/33 and 11/50. I CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �".. -< " -, .. 0 z z "" z 9 .< t"' 0 0 .. .. (X) J: r "' "' !" .. ,. �COUNTY COURT Criminal Docket N'! 39388 Commonwealth V. Defendint i~ Appearance Date Trial Date .F.,,./ 6,, /o --r - ( 'L (. V A ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded of Rockingham County, Greeting: to .summon----------------------------------------------------------------------------------------------------------------------------- __________ J)::~QQP~_I ___ R~___ _P._~----~-~11_~4~-~-'----.;J:_;:_~-------------------------------------------------------------------------------C'-~l-~ ~__,____________________ _ 7 ,; , ~ ill.!.._.L I: ·y - , "-'.·?'· ,v ------ -- -- --- -- --- --------- ---- ---- ------- ---- --------· -. --- --- --· -- -· ----- ---- ----------· ----. - - ------ ----- -- ---- --- ----. ----- -------· ------------- -,-------- ----0---- _41,c-- - __ \ _________ _ r<1 ~~ '>-~, ·> ~\ !~ o-e -~ ~ ~ ' ------------------------·-----------------·---------------------------------------·----------------------·-·----·------·-------------·---------··-----"------- ~ ---------------··--------------------------------··-·--------------------------------------------·--------·-·---·------·-·----------------··---··-------------~--.~--,.,~ ---~--.-:-C::-:a,--- (2 ""f; ~--- ·----··- l.f' "("" \/ \ .-\ ~%0 ~ <? ....-- p-----~-------- ~ Q.~;~ I )j .«t:/ --------------------------------------------·--------------------------------------------------------------------·-------·-----------------------------·-·~-;-7~--;,·---1---i,\-'57 ___________ _ 1 ~ to appear o'clock, before the Judge of the Circuit a. m., on the Commonwealth before J:5J;:b.day Court of Rockingham County, at the Court House thereof, at 9:30 of ___ J?.9-.tQ_}?.g_f ___________ , 19.J?.4:_, to testify and the truth to say in behalf of the the Grand Jury, against-----------··----·-------------------·----------------------------·----------------------------------------·-·- ·-----------·----------------------------------------··---Al vin __Lee ___ Hen sley ------------------------------------------------------------------------------who stands charged with 'ft.tul -iadiete<l- +61:'a felony 1t1-istfeFflean(>t'. And this you shall not omit under penalty. Witness, burg, Virginia, And have then and there this Writ. JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- at the Court House, the.J.J_tb_ of ___________ .9_9.t-9R~J; ____________________ , 19 ___ 9_2, and in thcHH.th of the Commonwealth. f./D ' ___year �/rJ/1//6~:cou r 'T(OF A TRUE !Ad~<J.l) ,@;yJ.~ • w~c-~ ••__:~ �DEPARTMENT S. P. 82 REV. 7-21-SS County f<0(..,4<::.. / A.JG/.I A o~ MR. OF STATE POLICE L-et:. r/£NS6'..£ rvl C, B-//- Date ,i ~81899 /-1 You are hereby summoned __ ~_l<_l"-_u_C._l;:._I_A.J_G~;/~A_M~ __ County Courtat-L......<-'---''-=::,_;:~-='-'-~-===-:(.,l~A.=-(5=--l"--...:.V_~..c..__' ~s~_-_.3~_D __-_~t.o~_;z,, _______ on __ Reckless Driving at 'Z: oo =.--- to answer for violating to appear in the _____ _ the motor vehicle laws of Virginia. Chauffeurs D Speeding ____ MPH ina ___ MPHZoneO No Operators License D Illeg~-------□ /Al Other I hereby promise to appear at the time and place specified above Su:mmons issued under Title 46. l-Section 178, Code of Virginia. Failure to comply with this summons constitutes a separate offense. Defendent's Signature Trooper Shield No. K.. SCJS All traffic fines for State violations Fund for Educational purposes. are paid into the Literary CODE DEFENDANT I( al t-tµ.'.I zI-IC)...:I t!} ..... P:::::X:: ..... µ:I >> ~ P:::0 OoZ ::x:: t-40 t-40 :E ...:I:E::x:: 1(~0 µ:I O~ ~z oo :E :Ega t-1 oE: 00 C to wit: ID ... .t: i ] .,, ., ~ "' s:: • ADDRESS ICENSE NO. TYPE laS s~ CITY YEAR STATE &,Z- "'~ :a ., i)j./E; J/l'J. 0 a, N 0.,, ~ ~ ... JURISDICTION. COUNTY. NAME CITY OR TOWN OF COURT 0.,, s:: " ~0 ...~ 0 " ., "'., ·~ 0 ~ 0-:;; 0 OFFENSE DATE ... 0-+' -+'"' 1/) ti _.,, ., 0 -:;; -+' PENALTY CONVICTED PLEA GUILTY □ NOT GUILTY □ DATE OF LICENSE IMPOSED "" ... -+' -+' 1/) 0 SUSPENDED? YESQ NOQ " "'::IO' ,., ti " ,.Q ... PERIOD SUSPENDED LICENSE SURRENDERED? SIGNATURE OF JUDGE OR CLERK "'.2? ]t -+' ::I ... Yes □ 0 ~o 801899 NAME OF ARRESTING OFFICER TITLE OF COURT This abstract is filed by the Judge or Clerk of the Court having required by Section 46.1-413, of the Code of Virginia, as amended. OFFICIAL jurisdiction of this case as DATE ��I ST ATE OF VIRGINIA ~>JOF City Harrisonburg No ______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: R.D. Schuder, Whereas, Jr. John G. Leake has this day made complaint and information on oath before me, ------------------- City Just ice of TM Peace ___________________ (Tide) of the said~. (Name) tha._ _____________ Alvin Lee Hensley Rockin _________________________ 11th did on th~ ____ kill day nf August and slay one Glenwood Taylor, _ in t~ ar:rl feloniously , 19__62 : Unlawfully__________ against the peace and dignity am ounty _ of the Commonwealth of Virgi ia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of tbt!lClCIGI: County, the body (lmdtC5) 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 ---------------,--0 _________________ color ____ Address ---------------□ ----------------- color ____ Address ---------------□ _________________ color ____ Address ----------------- color ____ Address---------------□ ---------------□ as witnesses. PEI\.CE �... C ty STATE OF VIRGINIA--emmrm' - ·-· ,. .. ,.,. ----- ... .,,. ·----- ·-·--- - ... --- - fj - .. .,. _.., __ ... ·- ---- - ... - -- ....... - ...... -.-- ,..._ - -- ..,-.., -- p __,._ to-wit: b :lii that an d ... :eouniy "Coort Cj t Y • Judporihe Justice of the Peace in and for the ~!.\_ty. aforesaid, State of Virginia, do certify cJ I, --- H'-'--'-.,.,.., i"'_, ,,.,., our u • OP .,. - ::lachel to the 1:. H0 ns 1e, 7 & J cob ~ • Hens l~yh1"s suret ies have this day each acknowledged themselves " Commonwealth of Virginia in the sum of _ ___:T=..t.:.:-r~o_· ,_'•_ __:l::..;TS=-·.,,_·~ ·....,,'-=D~_~...aiea.V...,_'...,_'.-'-J_ru;'-'-'-;~· D""""-:.t.__.... m<a<--_-_-_-___ -_-_-_-_-_-_-_-_-_-_-_-_- __ 2 50C 00 ($ ), 1 1 vin Rrc::inrhe.m p M., at H--:r r is Ont ur Leo '!''ersley • q _ , 10th County,onthe --~J_. l~t~h~-- the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that O•'------------Alll)'S ----___,,_,.__.....;..:.-=--...;;..c._..::; :t .. Oc+l-3 'i ,::: ~ () I-'• c+ <I (D o'::S ~ 0 ._'i p. p. § f; 'i \0 (1) c....H., i= 0 t I-'• 5· ~ g_ " ~ g_ g a"' i 0 0 ~ Ll §: > 8 .., 0 ~ ~ (D ::s p. I-' (1) ::s c+ ~'ci 'i 'i 0 O Ill a' o Ill c+ a' 0 c+ I-'• I-' ~ ~ .. ::s 0 <la' 0 0 c+ ~ (D u, r:: B B 0 ::, 5· (IQ ~ s i ~ s· a :::.: ~ '.;' ~ > ::i .. t ~ .., "' ir ~ f" ~ ~ i':::.: >-i !:l. !!:. ~ ~ ~ (') tJl (D t"'\ _i;;· e- i " I-' <I g. ~~- ~ .... 0 \ ;. " g: ' 1:1'> 1::1 ~ e- >-i "'1 ~ § 8 I ~ ~ > re=:~ ~ ~ I-' 0 Cl) "<: .... r. t .... 0 " ~ .. (0 ~- f.... ! ::s 0 0 0 0 ll> ~- .., " ; i" ;. r:: ~ .., l 0 g (1) Ill Ill "<: i;: H;i ~ "'1 p. (') I-'• § p. ~ g 0 CJl H;i (') I-'· ~ ~ ~ (TQ ~ c+ ~ § (IQ \.J1. -..: (1) i= Cll ,. " (l) :::0f-'• H., Ill ::s p. ...~ ;. a' P. ~- < ...:: [ 0 Cl) H;, ct- (/l ~ ~ ~ ::s I-'• p. ::s ~ °' ~~ ~ (D "' "~'8 C: ....:..:.J!::.......__ w 8 2 OQ (D 1'> ... __ ,., I-' \ ... 19_9;:: ~_,uJ..;..,.....J)""'J.;;ac..Jj._____ _,, ·19 ~ 2/ day of ______ ~ a Court County JJ ust dayof the said ___________________ shall keep the peace and be of good behavior for a period from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this r:..-;.. "-!MW!'.. shall appear before the at 2 g Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; \ Dollars to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to be rendered, yet upon this condition: That the said of 1"ndebted e:- ::;· < '< .... e: J> 0 !IQ .. ~ 0 - < ::;· ~0 8 1 __;· ~ lf r.. er " n 0 ~ u, r~ Jr:: g .. ~ 0 ~ ::.· (IQ5· lf ... ... ~ s· a n0 ~ c:: ::; ~ ;I "g: .... r ~ .., .... ".., " 0 ,., " ~ c:: il6 ::, g " 0 ;:.· ~ ........ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon-----------·-·-···-·····--···············-···-·················---·············-··············-·-·················-·-········ Trooper .. William R. D. Schuder, ..Garfiela Jr. - Elkton ...Hammer .._-...Route .. 1fa3 ,.. Elkton, to appear before the Judge of the Circuit Court of Rockingham ..Ya.·····································································-· County, at the Court House thereof, at 9:30 o'clock, a. m., on the _iQt_b_ day of ..~9.Y.~~pg_;i;........... , 19..R_f., to testify and the truth to say in behalf of the Commonwealth :Ssf0.P&-Ule-GFae.d..JtiP.y,against····························································································--·········-······· -···········-··-·····-·-···········-··················-·······-······Alvin ..Lee ...Hen s.ley ············-•·······················································-·····-······· who stands charged with and indicted for a felony ffl.tsti.eDteat.1&t'. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ~:?, and burg, Virginia, at the Court House, the.-~~.~~ of ··-····--~9.Y~~?.~:': ............._......, 19.... of the Commonwealth. ~·· in the .~~.?.~~. year 6?/4 ~ . ............... . Commonwealth's. Attorney ���. ' , �COMMONWEALTH DEPARTMENT OFFICE OF THE CHIEF OF VIRGINIA OF HEAL TH MEDICAL EXAMINER 404-406 NORTH 12TH ST. RICHMOND 19. VIRGINIA BLOOD ALCOHOL REPORT -AUG14 1962 # 623802 Date of Report ACCUSED: NShBY Material Submitted By: . Name: ,r. RECEIVED •• .1.,. r, Jr. bchtd OY261 Address: Elkton, Virgin a RESULTS: --=-8~/J.4=/-=6=2'-___ Blood:. Q.!.Q§ .._.%alcohol Timeil:10 OF CHIEF MEDICAL _ 8-=---/.-=1~3,__/6=2~-TIME: 9 am. The container seal when received had not been broken or otherwise tampered with. DA TE: __ am. The container was provided by the Chief Medical Examiner. by weight• s/ Sidney Kaye, Ph.D. CME FORM NO. 11'6-R Revised 4,62 EXAMINER: _l_O__ cc of Blood for Alcohol Content. BY: _________________ Barbara Rfoh r s Examined By: __ s-/_S_i_d_Il:!~y_K~a~ye~,~Ph~• _D--'-. __ Date: AT OFFICE STATE TOXICOLOGIST ��COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors October of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said Alvin Lee Hensley, kill and slay County, upon their on the llJh day of August, County of Rockingham, Term, 1962 Virginia, unlawfully one Glenwood Taylor, against now attending oaths present in the that 1962, in the and feloniously did the peace and dignity of the Commonwealth of Virginiao Upon the evidence sworn in open court and sent of Trooper R. D. Schuder, to the Grand Jury Jr., witness to give evidence. �manslaughter ~ CO:M:M:ONWEALTH v. r ; (" Attorney Foreman A TRUE BILL ALVIN LEE HENSLEY -"'- James R. Sipe Commonwealth's T I I 1 J �t f llo t 1 will 1 fr in rs �' �Comp. llorm 650-2M Boob-11-61 II 307i6 DOLLARS For In matter of --~ ~ r. _ T: o:Se~;q-Pro=s ..... ~-----'-c.-,r---~;__,,,_,__,""~--"'-------- ORIGINAL-TO PAYER ��In the Name of the Commonwealth of Virginia: To the ~Xll:JRtilfU!i.Kg!l:1a~K~Kilult!£, Greeting: You are hereby commanded to summon William Garfield Hammer Route............................................................ 2, Elkton, Virginia ............................................................ " .... .f .............. ~ " .................. " ..... " ............................... " .......... . ~ Me.lv.in ...Mc.Kinl.ey ...Hamm.er.., ...Ro.ut.e ...l., ....E.lk.ton., ...Virginia ..~ ..~ ..10c...~ .................... . f P@Q..i.R ...J-I..~ ....r. c3,G)rn.9Jl,. ....M.9.nt.~YJ.9-~9. .,....Y:i.:rgi.pJq, ...................................................... "..."....................... ".".."...... . /h/... ~ ..£..~ ..YP..JJ+ ;.$.R.~.?...A~.... ~~.w.~.9.n., ...RQ.µ.t.e ..l., ....E.ll;c.tP.n., ....VJ.:r.gJni.9' ......... ........... . ....Rm,l,t.$ ...J.,....El.Kt.9n,....Vl:r.gJn,i.!;l............... µ~.~~..~ ............... . ~., EJ.i:n.~:r. ...G.., ....t.gm.,....P:~.s.~ ...JJ ...~9'~.t.,....:E.1K:t.Pn, ....V.i.:rgJni.c:l. .......... J£ to appear before the Judge o'clock, a. m., on the 20thctay the Defendant of the Circuit Court of Rockingham of... N9.V.~.mP.~.r.. ... .. . ... in the prosecution of the Commonwealth County, .... £J..... ~~..~T.................... . at the Court House thereof, at 9 :30 , 19 62 , to testify and the tmth to say in behalf of against ....................................................................................... . ...Al.v.in...L.~...B.ens.l$.Y ............................................................................................................................................... . who stands charged with and indicted for a felony 1~m;eooxoc In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., , 19.. 6.2,and in the .1.$7:th ...year at the Court House thereof, this, the .l3.thday of the Commonwealth. of ........... NQ.Y.$.W..P.er ..... �.I~ CCF'YC~ . ' • .. T"V,#~~····•· It l 1:-::: ,_ , 1, b,. __ 1" .... .. By E' . .. . {i;Jd.~ 1, rr \, i- .. i.... .. . ........ ..... S. R. C. D. c:.R -c;' l....c _ , //-/~ C. ,r r . .. a ..✓~:A By • ~ 79-- •• • • D.S.P C. ~~. ' COPr' ;- TO~£_ I l, A . . . .. ./~ .. -· .fP:✓ ~. if ... ByCl../.«P~J.) y ~ G I c; . T(' .C -;--· I .., .. By , ~ . '- --d~.P I ,/?~ & ,L .. • ~ • • • • • • • •• • • • • • • • • • 1 • • ••• • • • • • S R C Q , ( A/_ •• • ~ ...,;_:)__ • • • ...... ~"~.«:}~D.S. R. t:. ��t+t- �COMMONWEALTH V. HENSLEY INSTRUCTION / The Court slaughter consequence part instructs is the unintentional of such a reckless of the accused for human life. the jury killing that man- of a human being or culpably as is incompatible involuntary with negligent the proper as a act on the regard ��COMMONWEALTH V. HENSLEY y INSTRUCTION The Court from the evidence of Glen Taylor a passenger Hensley, operation the jury resulted and that of said regard of involuntary that beyond a reasonable driven such accident car doubt from injuries in an automobile as to indicate a proper instructs manslaughter you believe the death by him while by the accused, resulted then as charged Alvin from Hensley's or reckless or indifference for human life, that received in an unlawful carelessness if manner, incompatible you shall find such with him guilty in the indictment. ��COMMONWEALTH v. AL VIN LEE HENSLEY INSTRUCTION The Court be innocent sumption instructs of the crime follows beyond every every element you must of the trial. has denied every essential as so imposed to prove you entertain and you must trial. allega- and the accused's guilt does not The accused his innocence, a reasonable give him the benefit ed by you at pleasure By the burden on the Commonwealth, the entire or establish This presumption the land, that this pre- stage charged to doubt. throughout ing the evidence and, every of the crime reasonable shift but remains throughout is presumed and has put upon the Commonwealth This burden, requirement with which he is charged, the accused tion of the indictment of proving the jury that the accused the accused his plea of "not guilty'' NO. and, is under if after no consider- doubt of the accused's guilt, of such doubt and find him not guilty. of innocence is not a mere form to be disregard- but it is an essential and binding part give the defendant the full benefit of the law of of such presump- tion. You are further the accused sufficient guilty is guilty not one reasonable be innocent. with which he is charged, nor is it sufficient likely of this accused, that while you may be suspicious of the crime to convict or more instructed guilty theory be proved ~n7_t,eryith N, ~ this is not if you feel that he is probably than not guilty. his guilt must that but to warrant so clearly the conviction that there the evidence remains upon which he can �" �COMMONWEALTH v. HENSLEY INSTRUCTION In considering burden of proving Court instructs able" nor its reason, the the guilt the jury law does not conceivable must limit of this A reasonable say that case, its drawn therefrom. from lack proof from conflicting after should left belief to create any doubt doubt, arising or from questionable of a material and not a mere doubt hand, on the other consideration of the guilt If, the evidence doubt. to be of guilt. in mind that in such a state to meet its reasonable inferences the at the trial inferences such evidence be a doubt and honest Commonwealth has failed of the truth for of the charge, presented testimony should a reasonable conviction doubt, on fact essential concerning circumstances. a convinced of all bear of the accused your minds are from reaching consideration to find of evidence, and nonessential founded beyond every of the proof go beyond such evidence of the guilt guilty and reasonable cannot fact, which is or possible to the evidence the jury If, evidence, sufficiency the natural The jury the the word "reason- is a doubt imaginable doubt, doubt. Furthermore, to the proof immaterial with consideration of any particular not overlook a man must be proved upon the nor can you go beyond beyond reasonable doubt or possible including the Commonwealth has met its you should to be confused In passing jury or not of the accused that meaning. and is not imaginable, whether of doubt of all of the as to prevent of the accused, then you the burden. after an impartial in the case, of the charge, you are and reasonable you have an abiding then satisfied beyond all ��COMMONWEALTH v. AL VIN LEE HENSLEY INSTRUCTION The Court against instructs the defendant not simply damages by the person but something action, from it must negligence. a callous disregard Criminal performed another, must cause than that; Culpable of human necessarily a reasonable such a degree cannot because but in order injury as might in order to be criminal be reckless of the safety or death, negligence or wanton of others and unless to result under you believe or of his act carelessly in the death of from negligence, and of such a character doubt that Alvin Lee Hensley or nature results liability as was gross consequence circumstances likely from the evidence was guilty of negligence you shall find him not guilty in this case. for if killed, is that which indicates upon every such carelessness of a suit for a civil damage of the accused be predicated negHgence negligence, life and of the probable for criminal criminal representatives as is necessary or gross charged be the foundation or by his personal such negligence liability merely show disregard injured by the term be shown that the negligence culpable act. negligence; such negligence more distinguished the jury that the gist of the crime is criminal is meant NO. .::;-- it as to to beyond of �:: �COMMONWEALTH v. ALVIN LEE HENSLEY INSTRUCTION The Court dent does not raise ordinary. vehicle 1 1/ I 'I)(., :J-- c -f 3 ;-. gross. involved. instructs the jury that the mere any presumption or culpable NO. whatever on the· part happening of an acci- of any negligence of the operator either of the motor �l V �COMMONWEALTH v. AL VIN LEE HENSLEY INSTRUCTION NO. 7 The Court instructs the jury that even though the accused may have violated a traffic law or laws in the operation vehicle, were find him guilty of such a dangerous regard of itself 11 / 19 / 6 2 o+ 3 F. you cannot for human render nature guilty such violation, as to be incompatible life as the mere a person unless of his motor violation of involuntary of a traffic or violations, with a proper law does not manslaughter. ��COMMONWEALTH v. AL VIN LEE HENSLEY INSTRUCTION NO. The Court automobile instructs on a curve as will alone amount constitute 11/ 2 O/ 6 2 o+ 3 P. wanton ~ the jury that the mere is not a fact or occurrence to proof or culpable of negligence negligence swerving of an of such a nature of such a degree on the part as to of the accused. ��COMMONWEALTH v. ALVIN LEE HENSLEY INSTRUCTION The Court person, when proved, by the jury, prisoner instructs is a matter with all other facts the jury that the character whether and its weight good or bad, as affecting for the determination proven 9 NO. in the case. of an accused is a fact to be considered the guilt or innocence by the jury, of a in connection ��COMMONWEALTH v. HENSLEY INSTRUCTION/ () The Court witnesses is a question appearance fying, instructs exclusively of the witnesses the reasonableness apparent candor speak, the relationship any, the interest their on the trial, the jury are more worthy such testimony apparent manner of testi- has the right or lack to the parties, of the trial, circumstances to determine accordingly. their to know whereof and what is the relative and to give credit testimony, intelligence in the result surrounding of and from the of their of the witnesses other of credit their of the witnesses of the witness and from all the credibility for the jury; and consistency the opportunity they that on the stand, and fairness, of intelligence, any appear, the jury if if appearing which witnesses weight of any ��COMMONWEALTH v. HENSLEY II INSTRUCTION The Court of an accused thereof instructs is taken in accordance is made through the office the amount of the alcohol by said chemical the jury that with shall give Examiner, of the accused, rise sample the law and an analysis of the Chief Medical in the blood analysis, when any blood as indicated to the following presumption: (1) If there weight that of alcohol the accused less blood, accused but than was not under shall alcoholic rise or less with in the accused's of alcoholic other competent was under intoxicants; of 0.05 per cent to any presumption the influence by be presumed of alcoholic of alcohol or not the accused that the intoxicants, evidence the influence in of intoxicants. (3) If there weight shall time in excess by weight may be considered whether it the influence not give was or was not under determining blood, was at that 0.15 per cent such facts such fact# time O. 5 per cent in the accused's (2) If there but was at that of alcohol the accused was at that in the accused's was under the influence time 0.15 per cent blood, it shall of alcoholic or more by be presumed intoxicants. that ��COMMONWEALTH v. HENSLEY CHARGE TO JURY If you find slaughter, the accused as charged in the indictment, and fix his punishment a period or, of not less by confinement ($1,000.00), not exceeding of involuntary man- then you will say so in the penitentiary than one year nor more than five in your discretion, Dollars guilty by a fine not exceeding or by confinement one year, in jail or by both such fine for years, One Thousand for a period and confinement in jail. If you find him not guilty, more. you will say so and no �� 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 Alvin Lee Hensley Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_014 Hensley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_015_commonwealth-v-alvin-lee-hensley.pdf c9178163b5ec482e02cf57eae99072fe PDF Text Text DOL HENSLEY,ALVINLEE involuntary 1¢;!2 - /,fl'"· - v I~/ 1¥>/t;_-. /9 1 /Jau manslaughter µi ~,7. - I?~ {~~ J~1/p~#.Z, J/~~ 11/'bdjC: 1-- ~~- ��,.. .._ ,..._ ...,...,,- ..... --------------- __..,,.,.___ ..., Comp. Por111 1B•A I ST ATE OF VIRGINIA ~~F No ______ To-Wit: -~H=a=rri-=-=-s=o=n=b~ur=---o.~------ _ ':ityTO ANY SHERIFF OR POLICE OFFICER: R.D. Whereas, ~ huder 1 Jr. Jo"ln • Laake has this day made complaint and information on oath before me, ------------------- J u:-:tica of T ___________________ Pence (Name) of the said~. Citf' tha._______________ _ ( Tide) -----------------------------------~n did on the__ llth kill :l of Virgi i\lvin day of._ ____ Loo Henol.8"; . __,.!),.,U..._t:0,.,115= .."-'t"'-----, 19 62: Unlawfully___ a"-,f'li __ ace and dignity .slay one Olon,,ood ~ock;lrirtiam t~ 'County ~_e_l_o_n:_1._u_d_y_ of t.he Co:ilm,nuoal h in These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the -~ck1~hc,m County Court of t~ - County, the body (IJm) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: ,,£/, ~ ~ color Address color Address □ color Address □ color Address □ color Address □ □ as witnesses. Given under my hand and seal, this 11th day of _____ ___ 19__6 Au ust _..;..,;'-----:::,-------=---• _,,_.,U~_,i_~---"'---( 'lftle of lssuina Officer) JU, ,. C& OJ. ..1..t (Seal) �STATE OF VIRGINIA-COUNTY OF --------------------, a Judge of the County Coun Justice of the Peace I, to-wit: . m and for the County aforesaid, State of Virginia, do certify that and ________________________ _, as his suret ------ have this day each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of ------------------------------------( $________ Dollars ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to be rendered, yet upon this condition: That the said -------------------~ of ___________________ .;:__ __ shall appear before the County, on the ______ Circuit County Court _ 19__ , day of -------------~ at ______ M., at -----------------, Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain i~ full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon further condition that the said ____________________ shall keep the peace and be of good behavior for a period o,.___________ from the date hereof. Nonappearance shall be deeJJled to constitute a waiver of trial by jury. 19__ _ Given under my hand, this ------day of ----------------, --<J&ys Judse-J. P . ... ... .... .., 5· n ;i e. ~ ;i e!. ~lil i 0 0 le> 8 ... 0 ~ en c:: ~ 0 !.0 ~ s n tl ~ ._ ~ a· ll ;r "' .. § t [ > s:: !? r::.: ~ &I n > ... ~ .. r::.: tJj >-l :::. e?. ~ s ~ le. 0 r:,.. ... ij ll 8 Cl> >-l Cl> ... r �CO~d\ ONWEALTH v. L VIN LEE HENSLEY INSTRUCTION NO. The Court in tructs the jury that the ccused is presumed be innocent of the crime with which he is charged, sumption follows the accused throughout to and, that thi pre- every eta e of the trial. By hi plea of "not guilty" the accused has denied every e sential allegation of the indictment of provin and has put upon the Commonwealth the burden every element of the crime char ed and the accused' beyond every reasonable This burden, shift but remains requirem doubt. a so in1posed on the Com throughout nt to prov uilt the entire trial. or establish in the evidence you entertain hi onwealth, The accused is under no innocence, reasonable does not nd, if after consider- doubt of the accused's guilt, you must give him the benefit of such doubt and find him not guilty. Thi presumption ed by you at pleasure th of innocence is not a mere form to be disregard- but it is an essential 1 nd, and you must nd binding part of the law of ive the defendant the full benefit of sue presump- tion. You are further the accused sufficient i guilty of the crim not on that while you may be with which he is charged, to convict nor is it sufficient guilty or mor of thi instructed accused, his aunt must be proved ao clearly r asonable theory co be innocent. that this is not if you feel th t he is probably likely guilty than not guilty. but to warrant I uspicious the conviction that there ren: ains istent with the evidence upon which he can �T..I i 0 t i ·rn l O . .t 'I o t n :t'l r.n1 11 'I rri H l n rl i.t n - .1 d 0 '3 ::) u n d 11 t t ·a lJ :,! :t ~ ·a11 1 hu h ;t '( i t "1 :t14 1~1 tV t .tl 0 f �CO l'v~O LTH v. ALVI LEE BENSLEY INSTRUCTION The Court in tructs the jury that the mere happening of an acci- dent does not raise any presumption or n ry. vehicle involved. r NO. whatever rt of any negligence t e o either �·IV I :t t•t 'l l 0 o. Jn 9 .b �E T v. vr.. EE H. y SL T he a a ourt instructs th t the defend nt is cri jury that t e inal ne 1i on injured ut distinguished action, from it mu t be ig t b r to repre entatives hown that t e ne li ence of t ulpable or gro if killed. er such ne ligence as is nee s ary for cul p ble ne ligenc c iminal negligence the fa nd tion of a suit for or by his personal t a , n or rime charged nee; by the tern is meant not simply such negligence d m ges by the per i t of the civil CCU mage g ed wa ne li ence i that wh1c OBS or indicates I a c:1.llous disregard act. riminal performed another, of human life and of the probable lia ility cannot be predicated merely bee use such c le ril show d • re rd of the s f t be reckless cau e injury or death, in the death of to re ult rom n or wanton and of such a o others under of his upon every act carelessly ness results but in order for cr1 -:ninal liability must n ces consequence ircu and unless you b li ve fro haracter stances th nee, tt li as to likely evidence a re sonable doubt th t A 1vin Lee Hensley was guilty o negligence sucn a de' ree or nature you shall fin 6 +-., -F. him uot guilty in tnis case. to eyond of �,- .. ." b t to C Ill O'I :t .:t ..., ,4 u, 'I j �CO 1\10 EALT v. ALVIN LEE HENSLEY INST UCTION NO. The Court instructs may have violated a traffic vehicle, ot3 F. uilty unles nature of his motor such violation, to be incompatible or violations, with a prop r for human life as the m re violation of a traffic law does not of it elf render 11/19/62 dangerous jury that even though the accu ed law or laws in the operation you cannot find him ere of uch regard th a per on guilty of involuntary manslaughter. �. .. a • oi Iolv 'IO 9V rlil: 'I .'I .d JJ 1n 'I l 1 1 1 �COMMONWEALTH v. AL VL.l'.{LEE HENSLEY INSTRUCTION NO. -- The Court instructs the jury that tbe mere swervma of an automobile on a curve ia not a fact er occurrence of such a nature as will alone amount to proof of ne1ligence of such a de1ree as to conatitute 11/ 20/ 82 o+3 P. anton or culpable neauaence on the part of the accuaed. �I �INSTRUCT IO____ The Court instruct accua dist th of i th jury that wb n any bl 1n ccord made tbrou h th c with th office of th lco ol in the bl ch ic 1 1 lysis, ri in r, ccu•ed, as in icat d to the following : t that w 1 ht of alco ol 1D th th ly is Chi f Medic 1 of th sh 11 giv (1) tha l wand an ccu d w accu t e 0.05 per cent or 1 s by • blood, it sh 11 b not under th rise to any pre d was or was not under th ucb facts y influ nc con id rd ther or not th wit of ccus d 1 ption that th lcobolic oth r comp t nt ccu d intoxicants; xe a of 0.05 per cent 0.15 per c nt by weight of alcohol 1D th such facts shall not giv d influ nc of alcoholic in but le s th rs lmder th intoxicants, vid ce in 1n lu nee of intoxicant. (3) I t of alcohol ther int ccu ed was under t JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. sat accus t t t 0.15 per cent or more by '• blood, it shall b pre um d that influeac of alcoholic in oxic ta. �t :t 391a WA.J .AV .R 83MAI. TA V3'1Sl0TTA ,.>11U81102UUIAH �,_~.......,.._, ___ ,._,. _ _.,.. .. _....,...,....,.,.....,._.,. ----"' - --~-~ .... ~ ~---<"-. I .zr ~(/)~- - &"'~U-/ ~ ·. c~):1~0~//a£ rs ~ (1)1ple.Cd ( 6cP /7/./.. /~) (/J~ru R ~ (.E)Jt 7 ~ ~ - ~~4 (1y' 7, 2 / £)~ ~~~ ;U? ?,9 &2':>--, !3~-ar&/- 1 \ / ( .2Y,L} .f (1) '_/-- / ~ L'~ .,.,/ -~~~~~- £)/60/&~ (!) MC✓ U/ (s) l , ~a~f/;1 (<l) r • ._? /.a?.,,kt.- ,:7"✓ef &/-l~,,,;,4 ( 2 /~ ~~J ~//4,_· ...~ - l~/.1;}:;,;;tz:.vl':~-) I {/)&~~I /t' 11 uref/ d #e/";1-z/J?J ¼0 /~ ,,. (2)~Le? 0) - 4Ut07 -, ~~r? I-/ d LJ JL✓~~.J!L Lee, /l;e,1/1?///11- ~~}f 1&></,,? I &.A'7 J'.6 £ ., · . (L) -IL·1# ~) ~ ci~7 _2lf:/&z~v~ ~ / L~ I - ~ ~Z/2 ✓~~ -- 7 / z. ? - �:--...- ... ..,.... .,.., ,r., ..r- ++ .,,.._ ..rr,,--.,.., �Cv??J V, At2/.v), ~ /)~, / 1 ,2 s~ #~ _ee. /0 /9£2 ~-dlr~ l L ~£_, (&~ UR~~/4, Cf' ~ (-:~/)- 4 ~C ~0- /2/ ,·/0~,7 -0',. - ~ - ~ c,,?~c;,/ /C:V:7✓- a//? £/9 --.~/ /42.wL/cY<"/ 5~~ - - /4z.P~~ k.eif;/ .;,,?-z2.~11.k/ ?~~ ,- (l) £.2/- z) I, &iff'/~-72/ r £~ / ¥'- £a::a~ ~,¥-p"/~~7 2~ 7/-z.6: ~ - -<?z; - ~ 2:Jr ✓ wJ~.t'£;.7 ?) /#Ari ,,,ffe~~,Jk.-dr~ ;> ,, cr~ I / - / y 7✓ s_,,<) /fe#.Y~ J �+ .,.. �/ £~~/~ (~L~0 -- C �-+ �J'IDAVIT tat Y H. COVING'l'ON, lat Lie t nant, CE. do choo to in b half of pecialist fourth Cl ss Alvin Renal y. the following pecialist enaley ince ia e try into service in h wu aaigned to a platoon hich I c ru:ted. peciali t Hensley r ined a er of that platoon for 14 ring this t , 1 able to observe his tion an charact r closely, under r ssur • which w re xtr for him. I found him to b an able soldier o poaseaaed both• 1 vel ind and aound jud nt. ti Following the tim I s Sp cialist ll8ley'• platoon leader, 1 a th •x cutive officer of hi• company, 8 d for a hort period, hia c pany c der. Dur th s p riods, pecialiat ensley continu d to diapl y the highe t standards of judgment and eraon.al conduct. t ave b servic ociate el t with Speci list Hensley is demonstr ted qu in the United ring his entire tat I regr t that due to the resent nation l ilitary situation, I will be unable to ppear t pecialist Hensley's trial person lly; ho ver, l feel free to ake this unqualifi d tat nt in his behalf. Wl let Lt ~lljd.) becribed expires 18 thi 16th Corps of Engineers y of ov NOTARYUBLIC er 1962. My CODJlli sion �0 �V?n v. 4~ .LLeJl~dz _- ~Y-4~~~ ~- /j-~ /, ,2 // ~~ - - ,2.,' /1/~- ·- ~ ~y~~ W6f~) {rf ~- v~~ ~ ~ #I UV),' (!)//ft?~ ~ 8)~~ --; t l 0 rl k~- ~ - ,tfg' /&w/ ff ✓ -(~~~-~~)~ ~tuyff.f~~~d2'&~- ~LJ~~,1 c2 ~- ~~ ~ - I~~,#~ UM~ ,,,/ ~~ ~ ~,P)m/ ~ diw ff/,,/- / �......._ _________ ,,...,_____ ✓- - ------------ I L 1 �0 1n e Circuit OCKINGHAM, to•wit: urt • Gr J ore of Octo er ty, kiD e 1 h tend Circuit Court of th aid Co ty, slay, on th 1 on their oaths pr day of A uat, 1962, t t th , Vir inia, 111 and al y .ammc:i~ Taylor, u m 1n i 111>8•~- t the peace pei:- a. D. o rt 1962 a t to th Gr chud r, Jr., Jury to iv d n1 y w1 •• • �.l V ' �William Garfield Hammer - stated at the hospital and deceased had two beers apiece at the R & H Harrisonburg. That they bought a six pack and along. Hammer stated that he drank two of the six pack and didn't know how many Hensley had, he drank one every time that he had one. he, the accused, Restaurant in drank them driving beers out of the but that he thought MJvin McKinley Hammer - He stated that they came around a curve and met a white pickup truck in the middle of the road. Hensley was driving approximately 45 MPH,cut back to miss the truck and then they hit the tree. He said they picked him up in Harrisonburg. ��SP-102 CONF!DENTIAL VIRGINIA STATE Revised 4-29-59 POLICE REPORT ctim County -~=~=~~-------Discovered by: ---'==e.=,.___,.Cl...,~,.,,t1,,,,,..z~en~-------Motivc: Weather: cl Value Property • -------------------------1 Accused wanted this offense ?_-=;;<....__. ___ Extradite? Warrant issued this ---'"----"'----------------t1-D-a_t_e Stolen Currency, notes -------1------+-----+----Jewelry, gems ___ __j_. ____ Furs Recovered Abandoned l----------+----- Clothing -----+--------1-----1----Vehicle Miscellaneous Total _R_e_c_o_v_er_e_d_: __- ___ ..... _-_-_-_-_-_-_-_-_....J _'-_-_-_-_-_-T_i_m_e_._: __- _-_-_-_-_-_-_- D~eE_pa~r~t2:m~e:_!n~t:!_?_::::~~~~~~~~~~~==========~ Date Arrested .YI-...,~._ --lt.a..O-.:U,c;J~~D.J.;1.0e-----1 Arrest Nos. l...l.l!!~!.L\lr.z__ -----1 ~4~========::5=========~==========~==========1 ENCLOSURE: Place: Stored: __________________ _ Address: Condition: _____ _ Released to Owner? ________ Date ____ _ Other Disposition? ______________ _ Date,____ _ ------------...:::!~==::C.:::::...:===----r Vehicle Identification DISTRIBUTION: I & R-1 ·s·o ID•l Make _________ Model: _______ _ ------~F.i::;·~1~~-~l:_::::::==::::::::::::~------I Type: Color: ________ _ Origin: Date __,8"'/c..,;).._J..,/~6:u.2~----Lie. No.-------State:--------!_Request other agency --------------1-:M~o~to'.:.r..:.N:'..'.:o'...:... -==============~I=D'..!../~S::::er'...:..·-================ 2-X-Citizen complaint _i,o_E)wJ~r.LSOJobl~~-----1 Original Report: Yes [z No 0 3_Observed on patrol 6_Telephone Date of Report: -----~.i....J.µ.J,~-------4_See original report 7_Correspondence Date Covered: _____ _.l,J,t...J..J,J...J..u;.__.Jz.1J.U.L..J..ll--J..;;u...u.c. __ 5_Telegram or teletype 8_Personal Report by: SUMMARY: ll, a t 1962., at 2t attox 9-I . t th abovefi ld at th emc,anltr.le1nt , Elk n.,, ght Leads: Handled Div. Handle D I & R Handle D =-=-==::....:....:=..:.;.::.::..:::--=....:.~~--------==--------=~ OPINION: • . r et • APPROVED DIV. COMMANDER Victim's Address: Unfounded O Approved Pending [Ji • Inactive O �MODUS OPERANDI .., ..., c>I 0 0 PROPERTY IDENTIFICATION C ~ (OTHER s < ~ "' ITEM V) 1 2 ' 3 ' 4 5 -, 0 u.. QUANTITY THAN MOTOR MAKE VEHICLES MODEL OR TRAILERS) COLOR ,-1 SIZE SERIAL NO - ' ' 6 7 8 -- )1 ' - - -- 9 10 RACE & SEX OF PERSON ATTACKED R_No Person Attacked ><-Not Shown Q_White Male 1-Colortd Male z_White Female J_Colored Female 4_White Male & Female s_Colored Male & Female 6_White & Colored Male 7_White & Colored Female B-White & Colored Male & Female SCENE OF OFFENSE oo_Not Shown 01-Accident Scene 02-Airplane OJ-Airport 04_Alfey os_Apartment 06_Automobile 07-Automobile Agency OB_Bank 09_8arber Shop or Beauty Parlor lQ_Beer Joint 11-Boat 12-Bus lJ_Church 14-Club 15-Dance Hall !(,_Department Store 17_Doctor's Office 18-Dmg Store 19__:Dwelling 20-Factory 21-Farm Land 22-Garage or Service Station 23-Garage ( Private) 24-Grocery Store 25-Hardware Store 26-Highway 27-Hospital (Medical) 2B-Hospital (Mental) 29-Hotel .30-Lobby Jl_Motel 32_0ffice Building or Office JJ_Out Building J4_Penal Institution JS_ •Place of Amusement J6_Post Office J7_•Publlc Building JS-Railroad (including statior,) J9_Restaurant 40-River 41-School ,12_•store 43-5trtet "4-Theatre 45-Warehouse 46_Woods HOW ATTACKED 00-Not Shown 01-Advertising 02_Agitation 03-.Attic 04-.Automoblle OS_Basement Ob_Boating 07 -Betting ~ OB-Binding & Gagging 09_Blesses Money 10-Boarding & LoavlngBus, Etc. II-Burning lL-Burylng .. , lJ_Calling for 14-Ceiling 15-Collecting 16-Combination (Safe) 17-Cutting lB-Door (front> 19_Door (rtar) 20-Door Cother) 21_Drugging 22-Employing or Employment 23--Establishes Credit 24 __ Exchanges 25-Explosivos 2b__ false Pretense 27_Finds Money (Pidgeon drop) 28-Firearms 29_Floor 30-Forging 31-Fortune Telling 32-Gains Confidence JJ_Glass broken 34_Jgnition 35-.lntoxicated 36-lmpersonating 37-Loafing 38-Mail 39-Misrepresentlng 40-0btain for Repair 4l_Parked Autos. 42-Photography 43-Pick Pocket 44_Pull 45._Punch 46-Rent 47-Rip 48-Roof 49-Sell 50-Sex (Natural) 51-Sex (Unnatural) 52--.:Snatching 53-5tabbing 54-Statement (Orall 55-Statement (Written) 56-Striking 57-Stripping 58-Strong Arm 59_ Telephone 60_ Threatening or Holdup 61-Transom 62-Uttering Forged Checks 63-Uttering Worthless Checks 64-Wall 65-Window (front) 66-Window (roar) 67-Window Cother) MEANS OF ATTACK Ol_Not Shown 02-Absconding OJ-Automobile 04-Bar , OS-Black Jack or blunt lnstru!'lent 06-Bodily Force 07-Breaking or Forcing Locp OB-Bolt Cutters or Pliers 09-Bottles • 10-Bit or Drill-size unkn::,wn 11-Bit or Drill ¼" 12--Bit or Drill ¼" 13-Bit or Drill ½" 14-Bit or Drill ¼" 15-Bit or Drill ¼'' 16-Bit or Drill ¼" 17-Bit or Drill 1" or over 18-Brass Knuckles 19-Breaks Glass, Door or Window . 20-Certified 21-Chemical 22 _Chisel, size 23-Collecting 24--Concealment 25-Club 26-Driving Away 27-Drugs 28-Engraves 29_Explosives JQ_Failure to Deliver Goods Jl_Fictitious Orders J2_File 33__ Firearms-Automatlc 34-Firearms-Machine Gun .35-Firearms-Revolver Jb_Firearms-Rifle J7_Firearms-Sawed Off Shot Gun 38-Firearms--Caliber not shown 39_Foil 40_ Glass Cutter 41-Hatchet, Ax & Shovol 42-Hauling Away 43-Horse Racing-Fake 44.....,_IcoPick 45-lnflammable 46-Jack 47_Jimmy, size 4B_Jumper 49 __ Key so___Knife or Flat Instrument, size SL __ Ladder 52-Literature 53-Matches 54-M issi lo Rock 55_Money Order 56-Note 57-0pen sa_Oxyacetylone 59-Paper 60-Paper Clips 61-Pay Checks 62-Photography 63--Poison 64_Pretends to have gun 65~Pretends to be Collector 66-Pretends to be Doctor 67_Pretends to be Investigator._ 6B-Pretends to be Inspector 69_Pretends to be Nurse 7Q_Pretends to h• Salesman 71-Pretends to be Writer 72-Promises 7 3_Protectograph 74-Prying 75-Rags 76-Razor 77_Removes Panel From Door 78_Rips or Removes Screen 79-Rope or Wire BO~aw Bl-Screw Driver, Size 82-Shop 1.ifting ' 83--Snatching 84_Spying 85-Subscription 86-Syphoning 87_Tickets sa_ Typewritten 89-Wrench 90-Written, Longha11d 9l_Selling TR.O.DEMARK OQ_None Shown Cl-Admitted through False Pretense 02-Armed & Threatens . . OJ_Ate Food & Drinks 04-Bogus Credentials 05_8are or Stocking Feet Ob-Burns Matches 07-Carries Safe Away OB-Changes Clothes Q9_Checks Printed, stolen &- Counterfeit 10-Chewed Tobacco 11-Commits Nuisance 12-Cuts Telephone & Light Wire, l3_0epositing in Bank &. Overdrawin~ 14-Disconnecn Burglary Alarm lS_Disorderly Worker 16-Drugs or Chloroforms Victim 17-Enters Home While Occupants are Present 18-Escapes on Foot 19-Establishes Credit 20-Expcrienced Worker 21-Extortion 22-Exhibiting Bank Book 23-Flash Light Used 24-Follows Victim 2s___::Fraur!ulent Collecting 26-Fur Rackel 27-Gains Confidence 28-G!oves Worn 29-Guests 30-Hitch Hiker 31-Indecent "'& Obscene Remarks 32-lnsurance 33_lmpersonatlon J4_Jewelry Only 35-Kidnaps Victim 36-Kind & Polite 37-Labor Trouble 38-Literature 39-Leavts Door or Window Open 40-Unes Victims Against Wall 41-Locks Victims In Room 42-Loiters Around Playground 43-Makes Victims Lie on Floor 44-Malicious Damage to Property 45-Molests Workmen 46-Money Only 47-Nervous 48-0ffers Candy, Money, Etc. to Children 49-0rders Taxi & Robs Driver SO-Party Burglar 51-Passes Good C~ecks First 52-Pretends to be Drunk 53_Pretends to be afflicted 54-Pretends to be looking for Fictitious Person 55-Pretends Auto. Is Broken Down 56-Pretends to be Purchaser of Auto. 57-Pretcnds to be Delivery Man 58-Pull; Blinds Down 59-Purchases Goods & Receives Balance in Cash 6tQ_Removes Glass without Breaking bl-Removes Panel from Door 62-Rentir.g Racket 63-Requested to use Telephone or Toil~t 64-Rings Door Bell 65-Rough Voice 66-Sel Is Without Proper Title 6 7_Short Change Worker 68-Smokcs on Premises 69-Solicitor 70-Steals Auto. for Stripping 71_$teals from Auto 72-Steals Victims Auto. 73_Stolen Auto. Used 74-Telephone Call-Anonymou~ 75-Uses Jimmy or Screw Driver 76_Wears Mask 77_Victim Intoxicated �ntly of inju e, frac d inv lved so d operat d by t d v Ro St. d h vro d oper ted e on t artly w r r l . f ntdom it i M~ j • h tr around, s co in lieu of T f llo ty Jail J chedul d for tted to tl 3 1000 bo d. • t occu~to o th X ill and Ct Gart· r, lip tto ation co t uir g. t. 3, n., V. 151., ton, Va.-24- out of to l 59 fee ti u d si surfac or , John L rue , of the d ir hes d t 30 1 19 injured as list car ro nd, t t H abov - t 2:00 low: - l, ck - -Lac r: tion te .M. d rill ... ri ht , oon • ct d ad, ��CONFIDENTIAL VIRGINIA SUBJECT: STATE SP-102 Revised 4-29-5!) POLICE REPORT 0 TT No. _______ Div. File No. _______ Date: __ _...,..,_.,...,,__, ______ _ Place: County __,i.JU1.u....u.t,,;,ui~--------Discovered by: __ _l.ltnll::nc:mJL:£:llill,e?lL______ Motive: A I Value Property Stolen Currency, notes ---1-----------ic---------i----J ewelry, gems ----+------+-------+-----Furs a- DESCRIPTION: • Clothing Vehicle -------------------------1 --------------,,,..------==::~~:..._-=_I DISTRIBUTION: I & R-1 - ------+---------+----=---+----- Make--------Type: Lie. No. •l Time Abandoned Date Recovered: _________ Time: ___ Place: Stored: ___________________ Address: Condition: ______ Released to Owner? ________ Date.____ Other Disposition? ______________ Date ____ Vehicle Identification ENCLOSURE: -------~---~~-----------O rig in: Date ---'-1#--lo""'-I-~----- _ Miscellaneous Total Accused wanted this offense? __ ~___ Extradite? Warrant issued this offense?_~--==---------, Department? Date Arrested Arrest Nos. 1 4 5 ·iVi Recovered _ -L..a...:;;1,il-~~---1 Model: ________ Color: ________ State: ________ _ _ _ _ _ _ _ _ _ ! _Request other age_n_c_.:yt:Q __.:.... :;.tfU. -:_J--::[i; _a. _'r. _r~:1.-~ _c"ri-b: _Ii: _l'l _t__________________ -j....:.M~o::::to::'.,'.r...,:N:.:.o:::·:.-===============...:I~D:J./'..:S'..:e.::r·~============ 2_%Citizen complaint Original Report: Yes D No Ii) 3_Observed on patrol 6_Telephone Date of Report: fJ/:22/62 4_See original report 7_Correspondence Date Covered: 8/lJ/62 thru 8/22/62 S_Telegram or teletype 8_Personal Report by: Tpr. R• .D, Scbuder 1 Jr. SUMMARY: 3/62, origin ..11w111;,,ni::tt 15, J.9621 the ubj C • cohol co:\.:. ~ Ofii -;-i...a,pr's blood alcoho1 content of o.08. 22, 1'62, kilJ.'ll'lali1 County, .J s contact Undeveloped Leads: 01.) Leads: Handled _______ Div. Handle -=:...,_--------=.a, O I & R Handle D ::.::::.::.::.::..:...::::.:.:.:.:..:_:......:t OPINION !V'ictim set or subject APPROVED DIV. COMMANDER .Si .t:1\'.lliom:ealtb' ..ttor 1 <l, diSCU.$ Victim's Address: Unfounded D Approved y £or . d 'Wi.tl him. Rt. l~ •lkt - , V. Pending D Inactive D c~!:t i] c~1t"e~ D �MODUS OPERANDI ~ 0 ...J I ~ Vl c 0 1... ;;_ a: ,_ PROPERTY IDENTIFICATION (OTHER .., ~I 1 2 ' 3 ITEM . THAN MOTOR MAKE QUANTITY VEHICLES MODEL OR TRAILERS) COLOR SIZE SERIAL NO. . 4 5 6 I 7 ~ 8 9 10 . RACE & SEX OF PERSON ATTACKED R_No Person Attacked X-Not Shown O_White Male !_Colored Male 2_White Female J_Colored Female 4_White Male & Female S-Colored Male & Female 6_Whito & Colored Male 7_White & Colored Female 8-Whit• & Colored Malo & Female SCENE OF OFFENSE oo_Not Shown 01-Accident Scene 02-Airplane OJ_Airport 04-Alley OS-Apartment 06_Automobile 07_Automobile Agency OB-Bank 09-Barber Shop or Beauty Parlor lO_Beer Joint ll_Boat 12_Bus 13-Church 14-Club IS-Dance Hall 16-Department Store lJ_Doctor's Office lB-Drng Store 19-Dwelling 20_Factory 21-Farm Land 22-Garage or Service Station 23-Garage (Private) 24-Grocery Store 2S-Hardware Store 26-Highway 27-Hospital (Medical! 2B-Hospital (Mental! 29_Hotel 30_Lobby ;n_Motel 32_0ffice Building or Office JJ_Out Building J4_Penal Institution 35_ • Place of Amusement 36_Post Office 37_•Public Building J8_Railroad (including station) J9_Restaurant <O-River 41-School '12-*Store 43-Stroet 44-Theatre 45_Warehouse 46_Woods HOW ATTACKED 00-Not Shown 01---Advertising 02_Agitation 03---Attic 04---Automoblle os_Basement 06-Beatlng 07_Betting OB-Binding & Gagging 09-Blesses 10-Boarding 11-Burning 12-Burylng Money & Leaving Bus, Etc. lJ_Calling for 14-Ctiling IS-Collecting 16-Combination (Safe) l7_Cutting 18-Door (front) l 9-Door Crear) 20-Door Cother) 2l_Drugging 22-Employing or Employment 23--Establishes Credit 24--Exchanges 25-Explosives 26-False Pretense 27-Finds Money (Pidgeon drop) 28-Firearms 29_Floor 30_Forging 31-Fortune Telling 3 2_Gai ns Confidence 33-Glass broken 34_Jgnition 35--Intoxicated 36-Impersonating 37_Loafing 3B-Mail 39_Misrepresentlng 40-0btain for Repair 41-Parked Autos. 42-Photography 43-Pick Pocket 44-Pull 4S_Punch 46-Rent 47-Rip 4B-Roof 49_Sell 50_$ex (Natural) 51-Sex !Unnatural) S2----5natching 5J_Stabbing S4-Statemtnt (Oral) ss_Statement (Written) Sb-Striking SJ-Stripping 58-Strong Arm 59_ Telephone 60- Threatening or Holdup 61-Transom 62-Uttering Forged Checks 63-Uttering Worthless Checks 64_Wall 6S-Window (front) 66-Window Crear) 67-Window Cother) MEANS OF ATTACK Ol_Not Shown oz_Absconding OJ-Automobile 04-Bar OS-Black Jack or blunt Instrument 06-Bodily Force 07-Breaking or Forcing Locks oa_Bolt Cutters or Pll•rs 09-Bottles 10-Bit or Drill-size unkn:.iwn ll_Bit or Drill ¼'' 12-Bit or Drill ¼" 13-Bit or Drill ½" 14-LBit or Drill ¼" 15-Bit or Drill ¾" l6_Bit or Drill ¼" 17-Bit or Drill I" or over 18-Brass Knuckles 19-Breaks Glass, Door or Window 2o_Certified 21-Chemical 22-Chisel, size 23-Collecting 24--Concealment 25-Club 26-Driving Away 27_Drugs 28-Engraves 29-Explosives 3Q_Failure to Deliver Goods 3 !_Fictitious Orders 32_File 33--Firearms-Automatic 34_Firearms-Machine Gun 35-Firearms-Revolver 36-Firearms-Rifle J7_Firearms-Sawed Off Shot Gu• 38-Firearms--Caliber not shown 39-,Foil 40_Glass Cutter 41-Hatchet, Ax & Shovel 42-Hauling Away 43_Horse Racing-Fake 44!._Ice Pick 4S-lnflammable 46_Jack 47_Jimmy, size 48-Jumper 49__ Key so___Knife or Flat Instrume-nt, size Sl __ Ladder 52_Literature SJ_Matches 54-Missile Rock S5-Money Order 56_.Note 57-0pen SB-Oxyacetylene 59-Paper 60-Paper Clips 61-Pay Checks 62-Photography 63-Poison 64_Pretends to have gun 6S-Pretends to be Collector 66-Pretends to be Doctor 67-Pretends to be Investigator 68_Pretends to be Inspector 69-Pretends to be Nurse 70-Protends to be Salesman Jl_Pretends to be Writer 72_Promises 7 J_Protectograph 74-Prying 7S-Rags 76_Razor 77_Removes Panel From Door 78-Rips or RemovesScreen 79_Rope or Wire 80----Saw 81-Screw Driver, Size 82-Shop Lifting 83--Snatching 84_5pying BS-Subscription 86-Syphoning B7_Tickets ea_Typewritten 89-Wrench 90_Wl'itten, Longha11d 9l_Selling TRADE MARK DO-None Shown 01-Admitted through False Pretense 02-Arml?d & Threatens 03-Ate Food & Drinks 04-Bogus Credentials 05-Bare or Stocking Feet 06-Burns Matches 07-Carries Safe Away OB-Changes Clothes 09_Checks Printed, stolen &· Counterfeit 10-Chewed Tobacco 11-Commits Nuisance 12-Cuts Telephone & Light Wire1 13-Depositing in Bank & Overdrawing 14-Disconnecg Burglary Alarm IS-Disorderly Worker 16-Drugs or Chloroforms Victim l7_Enters Home While Occupants are Present IS-Escapes on Foot 19-Establishes Credit 20-Expcrienced Worker 21-Extortion 22-Exhibiting Bank Book 23-Flash Light Used 24-Follows Victim 25-Fraudiilent Collecting 26-Fur Racket 27_Gains Confidence 28-G!oves Worn 29-Guests 30-Hitch Hiker 31-Indecent "&. Obscene Remarks 32-Insurance 33-lmpersonatlon )4_Jewelry Only JS-Kidnaps Victim 36-Kind & Polite 37_Labor Trouble 38-Literature 39-Leave:s Door or Window Open 40-lines Victims Against Wall 41-Locks Victims In Room 42_Loiters Around Playground 43-Makes Victims Lie on Floor 44-Malicious Damage to Property 4S_Molests Workmen 46-Money 011ly 47_Nervous 48-0ffers Candy, Money, Etc. to Children 49-0rders Taxi & Robs Driver so_Party Burglar Sl-Passes Good Checks First 52-Pretends to be Drunk S3-Pretends to be afflictod 54-Pretends to be looking for Fictitious Person 55-Pretends Auto. Is Broken Down 56-Pretends to be Purchaser of Auto. 57-Pretcnds to be Delivery Man 58-Pulls Blinds Down 59-Purchases Goods &. Receives Balance in Cash ,o_Remcves Glass without Breaking bl-Removes Panel from Door 62-Rentir.g Racket 63_Requested to use Telephone or Toilt!t 64-Rings Door Bel I 6S-Rough Voice 66-Sells Without Proper Title 67-Short Change Worker 68_Smokes on Premises 69-Solicitor 70-Steals Auto. for Stripping 71-Steals from Auto 72_Stea1s Victims Auto. 7J_Stolen Auto. Used 74_ Telephone Cal I-Anonymous 75-Uses Jimmy or Screw Driver 76-Wears Mask 77_Victim Intoxicated �v. LEY IBSTIUJCTlOH...__ T Court b ill t c int n i umao lif. JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. a 1 jury 1 killin a r ckl cu th inc th t involuntary of a b bein s or culp bly n gligent atibl 1th th as act o th proper r d �- WAJ .AV TA Y3Hff0TTA ,c>RUB"1021SUIAH �-- I STIWCTim Th •ur in truct is a qu atio th exclusiv jury th t th er d:lbilit ly for the jury; o the st d fr d, th ir of ce, th sp k, th th r y the int any app r, n h trt r sue JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. s, st pportunity ti jury h s th te timony and to iv witne witn itn as in th all oth r more worthy of er dit pp rent intellig o th hip of th f the d fr 1, t their d credit urro t t is th accordin circ in rel tiv ly. y, h ir s to r sult of th to dete ti• nc or lack s to the p rti in h n r oft d con 1 tency of th ir t dor f tri tanc hich , if 1, if ppe ring itn s w ight of any �I ti 3912 WA.J .ff 8'3MAI. TA Y3HROTTA .AV ,aS'IUSlaOeUHIAH �WEALTH If you find sch the accu rg d in th indic i hm t by confin riod of not 1 88 eding n JAMES ATTORNEY R. SIPE AT HARRISONBURG. LAW VA. not or by confin nt y in the penitent! re than fiv XC y ar, ding On Thous in jail not guilty, you wills 0 ry for d for a p riod year, or by both such fine and confin If you find h or. nt ry man• then you ill t, than one y r nor t:lon, by a fin rs ($1,000.00), of involunt d guilty nt y so and no �J ... 1 0 l t l u :3912 .ff 83MAL WA.J TA Y3iUfOTTA .AV ,.>P.USJ,IO;;,lfl>!AH �v. SLEY INSTRUCTIO..__ 1n coneid ring wh ther or not th burd f proving th Court structs th guilt d i • conceiv ust b or pos ibl In pas ing up its a ro. nor er roved th to natural ur not of th fro of eviden to the -oof of th ob yo such t the trial to b o r a doubt, uil. ind that any doubt arising t stimony or froin que tion bl r f ct, should b of th i enc f rences of jury should bear in guilt for proof of the ch rge, the and re sonable infer nee , from con licting ny p rticul doubt, b yond very be evidence pres nted ob yond s·ch ev d nee to fi d Furtbermo4 , th fo oded on or pos ibl uilty on• doubt. sufficiency ideratio se, including dr t word "r a doubt which i d with .ima inable ta bl tit& of the aocus d beyond rea on ble doubt, the e oonfu ay t limit onwealtb h A rea on ble doubt i not to oes not jury C jury th t you should not ov rlook th ing. re so, _ do· t of a material ccused and not f ct e entia m re doubt concerning 1 t r ; l, IJ evidenc"\t fr l and If, nones ntial after your re s inds a convinc 1 fail If, on th convicti -n of th trut rea onab e doubt. ,._TtORNEY AT LAW i"'RISONBURG. VA, of tb of 11 of th of doubt as to pr vent you of the accuse, uilt then th eet its burden. other band, after 11th . ill such a et t lief to con ider tion of ,>P.lllES R. SIPE tance ble and honest con ideration re left r 1hing Commonwe 1th ba circum videnc of th an partial in the char e. you r t and reaso able you have an abiding then satisfied b yond 11 �.t WAJ. TA Y3MffOTT, .AV .<>ffU!IK0elr''l,r, �S. "• 300 POLICE REV. MAIL TO, DIVISION Of MOTOI VEHICLES. JOX ma. 11-1-M Tl Ml DATI Of IN THIS SPACE WHK .. COUNTY........... .. r, ACCIDt:NTOCCURREDIN RURALAIU INDICATE DISTANCE IN MILES AND TENTHS Of MILE FROM NEARESTTOWN. USE TWO DISTANCESAND TWO DIREC.' TIONS If NECESSARY. 0 DO NOT WRITE OAY Of ACC/,'llNT........ L Rlr~MOND (11). VIIGINIA : .. ..• ... :. • CITY 01 TOWN................................................... ::~:: ::::} □ NO................................... . CA................................... . LET .................................. . .. LIMITS OF Of NILU UST Nill$ WEST C LET ................................. CITY 01 TOWN TYPE...................•.............• A ACCIDENT HAPPENED ON (18-19-20) ...... (21) T C AT ITS INTERSECTIONWITH,-... OR If CH[CK AND CONrLU[ ON£ .•.. .•.• N • . . .•.••••• ,uT SURFACE CONDITION (CHECKONE) <j (23) 1_ STIAIGHT·L[Y[L 2_ CUIY[-UY[l 4- R SOUTH f[[T UST 3_ UADl-STIAICiHT 4_ GIAD[-CUIVE 8 __ 5_ HILLCREST STRAIGHT 8_ 12 -0_ HILLCH5T•CUV£ D 7_ 1_ oi,.snAIGHT 8_ oi,-cu1v£ YOURVEHICLE-NO.1 (28) 1 -2_ no, AND GO FLASHING LIGHT sro, SIGN OR SIGNAL 3 - SLOW OR WAINING SIGN 7_ RAILROAD GATES 01 SIGNALS 12 __ 12 _ 01 WATCHMAN TIAfflC 0_ or LOCALITY (CHICK ON!) 5- NO rASSING LINES UNDU H:rAIR 09_ 't'lt:LD SIGN ONE WAY IOAD OR STltEET 6_ RAILROAD WATCHMAN 8- NO TIAf'flC SOFT 01 LOW SHOUl DU 3 _ NO DEFECTS PD 50 P.D.U. T.T. a.v.s. NSP Off (27) IUSINESS 01 INDUSTIIAL l _ CLEAi _ 2_ CLOUDY _IUCICTOP CONCIU[ RESID[NTIAL DISTIICT o,n COUNUY _IIICK 3_f'OG LIGHT (CHECK ONE) 4- DAYLIGHT 6_ DUSIC 6_ DAWN 7- OAIKNUS-STl[U OR HIGHWAYLIGHTED 8 -- DAIKNUS•STHET OR HIGHWAY NOT LIGHTED 4_ MIST 5_ RAINING 7_ SLEETING 8_ SMOU-DUST _OiltT SP£Clf'f' OTHU HOLU, RUTS, IUMPS 2 P.I. WEATHER (CHECK ONE) SURFllCE SCHOOL CHUICH 01 PLAYGROUNDIONE 2_ LANES MAIKED DEFECTS (CHECK ONE) LJ V KIND FAT (26) SHOWY LOOS£ MATUIAL C WEST TRAFFIC CONTROL (CH<CK ONE) OfFICU MUDDY (22) RURAL - LOCATE TO NEAREST INTERSECTION. SHOW EXACT DISTANCE. USING TWO DJRECTJONS AND TWO DISTANCES If NECESSARY. (25) 7_1c, TYPE...... URBAN - LOCATE TO NEAREST INTER4iECTING STIEET, HOUSE NUMIEI. BRIDGE, RAILROAD CROSSING, ALLEY, DRIVEWAY, UNDERPASS, NUMBERED TELEPHONE POLE, OR OTHER IOENTlfYING LANDMARK. 4_ 9_0ILY A NO......... o,. OU 5_wn 6_ NOITH FUT . • . . . . . . . . . . f[[T ALIGNMENT (CHECK ONE) 0 (1-2-3-4-5) CODED BY NOT AT INTERSECTION 0 CONUOL (30) • I.C.C. Y[HICLE MAKE E • DRIYU .•.•.• H J NAM[ DRIVUS occu,n,oN CUP'[NTU, J STIEU DRIVING .. utrUIENCE .... □ (34) ..... CLEIK. £TC. . 01 R.f.O. • DRIVER'S LICENSE ....... , ..•.... YEARS STAT[ C OWN[ ■ , ............................. , .......... NAME L ,un £ o, VEHICLE DAMACiED.......... OTHERVEHICLE-NO.2 (38) MAXIMUM S.lf£ SPEED .••••.••••••.•• M.P.H. , , . LJ WAS SAFETY BELT INSTALLED? s ::i .. YES NO -- ... WAS BELT IN US£! YES NO -- ....•.... ArPROXIMAU COST TO REPAIR VEHICLE S •..••.•...•.•.. • ........................•..•............ )( g MAKE z "' i t,- OTHU • V(HICUS .... USI DIIYUS ANOTHII occu,ATJON. ~ ro• fOOM 0 Lij ::; N HD •••... . NAME □ (44) OWNEI ..•. TOTAL. VIHICLIS z DIIYEI ......... . ............................ CAt,[NTU, CLUK, .•. E.TC. , .....••............•.........• WAS SAFETY BELT INSTALLED! , ..•.••.•. YES . •••.. DRIYEl'S ,LICENSE ••.. YEAIS , •••.••••.•.•••. PUTS Of' WEHICLEDAMAGED.••..•.•••. DAMAGE TO PROPERTY THER THAN VEHICLES .......... STREET OR R.f.D. DRIYIH; EXPUl[NCE , •. , ..••••••....•..•.............• STIEET OR l,f.D. , .... . • . . . . . . . • • • . • . , •...•• , ... , .• , .•• , , ••••••.. , •••. , .........• CITY AND STAT[ , .• , .••.•• ~ 0 ArPl0JUMAT£ COST , .. TO ltErAIR VEHICLE S NO z : AND STATE NATURE Of DAMAGE APPROXfMATE . . COST TO REPAIR ~ NANI. N J □ □ u R E ~ D ....•.• IMPORTANT ,:;; , .•.•.•••.. NAME OIJECT. SHOW OWNUSHIP; I MAXIMUM SAfE SPEED •.•...•... M.r.H. , •• , •••.••••••••...... , WAS PUSON ICILUD ............ . If YOU HAD AN AUTOIIOIILE LIABILITYPOLICY AT TH£ TIii£ Of TH£ ACCIDt:NT,SECURE FROM YOUR AGENT OR INSURANCECOMPANY A NOTICE Of INSURANCE(FORMS1-11) AND SEND IT WITH THIS IEPOIT TO THE DIVISION Of MOTOR VEHICLES OR HAVE YOUR AGENT SEND IT AT ONCE. □ □ s. NO..•.•. rASSENGU , .•.•• , ..•• (51)_1 _ P£D£STIIAN IICYCLIST DlfVtl PASSENGU PEDESTIIAN IICYCllST IN Y[HICU. NO..•••.•••.••. (54)-- , ••• �INSTRUCTIONS- INDICATE ON THIS DIAGRAM WHAT HAPPENED. LOCATION IN VEHICLE OF PERSONS KILLED AND INJURED. 1. f"OLL0WDOTTlD LINU TO DIA.W OVTLINI Of' IOADWAYAT PLACE CWACCIDtiT. ( CHECK ONf FOR EACH PEIS0N KILUD AND INJUHD) II I 2 (55) (56) 2 --c:cx:I}-- (55) (56) IULUD I __ 2, NUMUI EACHVlHICU ANDSNOWDlHCTIOM o, TIAYIL IY AII0W. VEHICLE VEHICLE INJURED J. UH SOLID LIN( TO SHOW PATH HF0H ACCID[NT ~, DOTTlD LIN( ·--IT=:>. AfTH ACCIDENT_____ r•ONT l[fT .C. SHOWPEDESTRIANIY. 5. SHOW UILtoAD IY: ____ 2___ -- FRONTCENTER__ ) __ FRONT RIGHT 4__ HAR LEFT 5- - REARCENTU _ ltUI _ Q 6. SHOW DISTANCEAND DIHCTI0NS TO .LANDtO,HS: IDE:NTIH UIIDIIAIU 1Y • NAME 01 NUIIIH. 1 RIGHT DESCRIBE WHAT HAPPENED TO VEHICLESIY NUMIU) (HFU USE THIS SPACE FOi LISTING ADD,ITI0NAL• • ' INJURED PERSONS. ALSO EXPLAIN QUUTI0NS NOT FULLYANSWU[0 IY CHECKINGIN THl ••. SP'ACU PI0YIDED, IF 1101[ $PAC£ IS NEEDED US[ ANOTH[R .•.•... , , , • , •• , , • , •.•...•.••• , .. •, .. , .• , •.. , •. , , .. , ...... , ... , , . , .....• , .....• , , , ••• , •.•...• , • , , ...... , .. , ..• , •. , •• , ••• , •.• , •..• , ...• , .. , ... , •• , • , , ... , .• , ••. , ••••• , ..•• , • , . , , ••••• ,. FOUi 01 A SHUT Of PAPER THE SANE SIU. 7 OFFENSES CHARGED DRIVER DRIVERS" ACTIONS INDICATED MJSCELLANEOUS(CHECK Al'PLICAIU CONDITION OF DRIVERS AND PEDESTRIAN ITEMS WHAT DRIVERS WERE DOING (CHECK ONE FOR OCH DRIVE.I) I _ 2_ __ 3___ 4__ AVOIDINGP[D[STIIAN 9-- EXCUDED SPUD LIMIT 0YUTAKIN(. AT INTEltSECTIUN IMPROPU PASSINGOF SCHOOLIUS CUTTIHGIN 8___ OTHERIMPROPERP'ASSING Q___ WRONGSIDE Of ROAD-NOTOVERTAKING l ____ AVOIDINGANIMAL 2__ __ SKIDDING-IEF0IE APPLYINGIIAKlS 2_ ____ OTHER.ODY DEFECTS 3___ SKIDDING-AFTU Al'l'LYING HAKES 3____ ILL 4__ CROWDEDOFF ROADWAY 4__ - 5___ HIT AND RUN 6___ CAR RANAWAY-NODRIVER 7___ BLINDEDIY LIGHTS Q____ l _____ FOLLOWINGTOOCLOSE l ___ FAILEDTO SIGNALOR IMPROPER SIGNAL 2_ __ IM,ROP'ER TURN·WIDERIGHTTURN _ _ 6____ IMPROPERTURN-CUTCORNERON LEFT TURN 4___ IMPROPERTURN FROM WRONGLANE 5___ OTHERIMPR0P'£R TURNING 6___ IMPROPERBACKING 7__ IMPROl'Elt STARTFROM PARKEDPOSITION 8___ DISREGARDEDOFFICEROR WATCHMAN 9___ DISREGARDEDSTOP·G0-LIGHT (62) (65) 12_ __ DISREGARDEDSTOP'01 YIELDSIGN PEDESTRIAN ACTIONS (CHECK ONE _ MAKINGU TURN -- - SLOWINGOR ST0l'l'ING STARTINGIN TRAFFIC LANE - -- - _ STARTINGFROM PUKED POSITION - _ STOl'l'ED IN TIAFFIC LANE APPARENTLYASLEEP _ HADNOT IEEN DRINKING 0 - - DIINKING-OIVIOUSL Y DRUNIC 01_ CROSSINGAT INTERSECTION-WITHSIGNAL l __ - - 02.__ CROSSINGAT INTERSECTION-AGAINST SIGNA•. 2_ - _ DRINKING•AIILITYNOT IMl'AIIED 03__ CI0SSING AT INTERSECTION-NOSIGNAL 3__ -- _ 04__ 05_ CROSSINGAT INTERSECTION-DIAGONALLY DRINKING•NOT KNOWN WHETHEltIMPAIRED __ PARkED __ IACKING __ Passino 06__ CROSSINGNOT AT INTERSECTION•UHAN DIINKINt•AIILITY IMPAIIED DRIVER VISION OBSCURED CROSSINGNOTAT INTEISE.CTION•IUUL 07__ COMINGFROM BEHINDPARKEDCUS 08__ GETTINGOFF OR ON SCHOOLllUS 09_ PLAYINGIN ROADWAY 10_ GETTINGOff' OR ON OTHEI VEHICLE VEHICLE CONDITION( DRIVER I CHECKONE oa •on) -- _ RAIN, SNOW. ETC, ON WINDSHIELD -- _ WINDSHIELDOTHERWISE0ISCUHD -- _ VISION0ISCUltE0 IY LOADON VEHICLl - - TIEU, -- _ IUIL0ING - SIGNBOARD VEHICLE 2 I (75) (76) DISREGARDEDSLOW SIGN 11_ HITCHINGON V!HICLE 8___ FAILEDTO STOP'AT THROUGHHIGHWAT•HOSIGN 12__ WALKINGIN I0ADWAY WITHTIAFFIC·SI0EWALKS AVAILABLE l __ - 2___ DROVETHROUGHSAFETYION[ 2__ - FAILEDTO SET OUTFLARES 01 FLAGS 13__ 14_ WALKINGIN ROADWAYWITH TIAFFIC•SIDEWALXS NOT AVAILABLE 3__ WALklNG IN ROADWAYAGAINST TRAF'FIC•SIO[WAU:S AVAILAILE 3.___ 4___ FAILEDTO DIM HEADLIGHTS 15_ WALKINGIN ROADWAY AGAINSTTRAFFIC•SIDEWALICS NOTAVAILAILE 4___ 5_ __ DRIVINGWITHOUTLIGHT 16_ WOIKING IN ROADWAY 5__ CROPS, ETC. NO DEFECTS LIGHTS DEFECTIVE __ EMIANKMENT HAKES DEFECTIVE -STEE.IING DEFECTIVE ___ HILLCREST P'UNCTUIEOR IL0W0UT - -- -- PUICED VEHICLES - -- MOVINGVEHICLES - - NOT OISCUR£0 W0IN 01 SLICK TIIU 6___ I MPROPERPARKINGLOCATION 8___ OTHERVIOLATIONS 17_ 18__ STANDINGIN ROADWAY 7___ LYINGIN ROADWAY 7___ OTHEI DEFlCTI a_ __ NO VIOLATIONS 19_ NOT 11'1ROADWAY 0__ - CHAINS IN USI IF FILED BY POLICE MAKINGLEFT TUIN -- FATIGUED 12___ -- l ____ /!..:..P...~ _ OTHERHANDICAP Q__ SIGNATURE ... MAKINGIIGHT·TURN - (70) (72) (74) (67-68) 3_ __ GOINGSTIAIGHT AHUD HEARING0£f'£CTIVE 5__ - DID NOT HAYERIGHT-OF-WAT Q__ _ _ EYESIGHTDEFECTIVE (61) (64) 12_ __ '_ NO D£f£CTS AVOIDING0THEI VEHICLE 0YUTAKING ON HILL 6__ __ Q___ EXC££DEDSAFE SP'EEDIUT NOT SPEED LIMIT 5___ 7___ (69) (71) (73) 12____ 0YUTAKING ON CU.YE DRIVER I PED 2 (66) (60) (63) 1 DRIVER DRIVEi DRIVER I 2 MOTORTR0UILI SPECIFYOTHER __ _ . __ PERSON SUIMITT~NGIE"P;IT IS REQUIRED • •f eloGE NO. DUE Of J:fPORT DEPT. (77) □ WITNISS OCCUPANT 0IIVU �S. 11. 100 POLICE REV. 11-1-61) • Tl ■ l DAT'IM ACC)D[NT........... . . ...................... A.M . ... . NO........... , .. , .................... . . . . CITY OR TOWN.... L If ACCIDENT OCCURRED IN IUIAL AIEA INDICATE DISTANCE IN MILES AND ~~:T~:gFDl~~~~~:~~NNDEA:!~T 0 ••.•• ~?.~~. , , ... TIONS II NECESSARY. , . , ..•• MILES NOITH } , ........ MllU . . .. CA................. □ SOUlW . . . . . Mill$ UST • , •... W[ST Of ' llMITI Of LET .................................. LET .................... CITY 01 TOWN TYPE........ A ACCIDENT HAPPENED oN T c1~-19-20)•••••••••••••••••••••• ~;~~~·A·~~·~; ;;~~E~·o; ·~1~·"·~~;·~~~~E~·c~:,·:o; •~;~;~>••;~~~· ~;d~~~~· ~~~~·£·~.· AT ITS INTERSECTIONWITH:• ..... OR IF CHECK ANO COMPLUl ONI NOT AT INTERSECTION ••••• ,££T NOltTH Of ••••••••••••••••••••••••••••••• .... FUT S~TH N ......... SURFACE CONDITION (CHECK ON£) (23) 1_ STUIGHT-LEYU 2_ CUIYl-LlYU 3_ GUDl-STRAUiHT 4 -5_ 8 __ SNow, 7_ t(Y 8 -- UAD[-CUIV[ 5_ 8_ HlllCREST-CUltVE 7_ DIP-STRAIGHT D 8_ KIND OF LOCALITY CONTROL (CHECK ON£) OFflCII STOP AND GO HASHING LIGHT Q - IUJDfNTIAL STOP SIGN 01 SIGNAL SLOW Olt WAINING Slt.N 1_ 2_ SCHOOLCHUICH 01 PLAYGROUNDION[ 3_ 7_ IAILltOAD GATES 01 SIGNALS 12 - Olt WATCHMAN UNDEI HPAllt 0- YIELD SIGN Q - LOOSl MATUIAL 9- ONE WAY ltOAD 01 STREET 1_ HOLlS_ ltUTS, IUMPS 8_ RAILIOAD WATCHMAN 8_ NO TRAFFIC CONTJIOL NO D[FlCTS Oil LOW SHOUl DU LJ (28) (29) DIIVU_,._ TUI, LJLJ DIIYUS OCCUPATION..... DIIVING •• UPU1£NC£ □ (34) CARPENT£R. CLUJ( NSP Off T[~~· DAYLIGHT 5 __ DUSK 8_ DAWN 7_ 8 __ DAltKNESS·STR[lT Olt HIGHWAYLIGHTED CLOUOY _ 3 __ FOG _HICK 4_ MIST _GltAYEL 5_ RAINING 6_ S"10WING 7_ SLEETING DAllKNUS•STRU.T Olt HIGHWAYNOT UGHT£0 8- SMOKE-DUST VEHICLE 01 No. LIC[NS( PLAT£. .•........ __ - . _ ...•••• NAM£ L PARTS o, VEHICLE DAMAGED..•• ~ STATE ;::.:9 ·7,,; <.,,.9 □ OPERATOR □ IEGINNU NUMIER PLATE NO_ - ~ □ -- ... SPUD HF'OR[ ACCIDENT .. . M.P-H- STREET 01 lt.F -D- .... ,;;;;: [] SP'l[D LIMIT..•.•. -{jjj. ;,; 1= -• • ·-· M.P.H- .. MAXIMUM SAFE SP'U:D .......... . M.P.H. CITY AND STAT£ YES NO -- -- ...•.... WAS BELT IN USE! LJ (39) YES -- NO - - .••••• - .•.•.. - . , .•.•.. LJLJ - .... - .•.• , . - . - .. •• - .••• APP ROXIMAT[ COST - , - TO REPAllt Y[HICL[ S ....... - - , .. , ..... . (40) LJ ~ WAS VEHICLE MAU .. • • .... • ...... • • ........ offlu ••• • • ,:'.:::, i '. s i : -~~~~~~- •••• ~~ . . ,;,,;,; _, - _ ,, •• , ••. , _ )( i OTHER - - - .•. , ••• - . - - •• , - •. WAS SAFETY BELT INSTALLED! OTHERVEHICLE-NO.2 (38) -• ,, . ___ •••.••• _OlltT I.C.C • ·t.si, .-.. STA.Ti:-. (::il)••••NUMIER • ' •• C OWNEI ..• , ·-····, ,ucuoP 2_ SPlClfY ,. YURS CONCl1T£ (30)LJ INSUREDl •••• - ••• ns ••• _ (CHECK ON£) 4_ DRIVElt•s ._LICENSE. ... UC- B.Y.S. DISTRICT .•••......•.••. •• •• ~,...... •••..•••• ••.•... ....... ,.." " .... ......•...... ..................,........ ,;;,h .. T.T. Olt INDUSTIIAL (29) LJLJ IUS, nC.) - • - • • • • P.D.U. OP(N COUNTltf LIGHT WAI V[HICLE • •TYP[ (S£DAN. TltUU, MAK[ IUSINUS TRAFFIC LAN[S MAIK£D DEFECTS (CHECK ON£) son PD 50 l_CLUI NO PASSING LINU 3_ P.I. (27) 1 -2 __ 2_ C FAT WEATHER (CHECK ON£) SURFACE 4_ 12 __ (22) (CHECK OHt) WtT DIP-CUltYE YOUR VEHICLE-NO.I H . TYPE..... . (26) V E NO....... ·--·······-···········----·-····· WUT 5_ 12 -- •• DIY MUDDY HILLCltUT STRAIGHT ~------ (25) 9_0ILY A C (1-2-3-4-5) OI NICiHWATNUMHI RLiRAL - LOCATE TO NEAREST INTERSECTION, SHOW EXACT DISTANCE_ USING TWO mR(CTIONS AND TWO DISTANCES IF NECESSARY. TRAFFIC (CHECK ON£) (24) R 4_ STllfT URBAN - LOCATE TO NEAREST INTERSECTING STREET, HOUSE NUMBER_ BRIDGE, RAILROAD CROSSING, ALLEY, DRIVEWAY, UNDERPASS, NUMBERED TELEPHONEPOLE, OR OTHER IDENTIFYING LANDMARK. nn usr . FUT 0 1~·£·N·;,~~-~; ·N·A~~ • • • • • • • • • • • • .. , ... (21) , .. NAIii! OF INTIISlCTING , ............ CODED BY 0 ALIGNMENT . B C MILU , •................. .~~~ .. f'OIM :~:!~~ION (~~~~~.' ;~~~:-;A·~ ~·u·s:-r·;c'.j.... : 1 CARP[NTH. . ..... 1NSU1£Dl.... ~ ,,00;; .::• ;;;; ·.~;::~[NC[... ................................ □ (44) • --.,-,~-,· VEHICLE . .-~~:N~:.... •:: •~ "" .. ( ...... •{.ii) ... ... PLATE No...... 41). "U •ER omATOR O 1£GINN£1 NUMl[lt :::1~~::•. 1 0 .~~ ... :.... M.P-H. . 0 0 O ■ Nll •... 0 ···-··. - - .. - - ...... - •..••. NAM£ ii; TOOL Y£HICLIS ~ "!YlD PUTS OF V[HICL[ DAMAGED-. __ •••••••••••••• ...•.. WAS SAFETY BELT INSTALLED! , •• - ••• , - - - , •••• - • , ••• - - - , ..•. - • __ •... __ •...•• , _ ...... STREET Olt R.f.D. _____ •• _. ___ ••••••••••••••• YES -- NO __ ••••• ........ _ ••• _ ••••••••• , __ , ... ___ , _., •.. , _ .... _, .•... _ •••• _. ___ ••.•••••••..... WAS BELT IN USEl YES -- NO ·-·-•·- . __ ..••• - - - _. - - .. ___ .. - - . - .....• -- • (,tlf 0, [ D STATl .... .,;::,,~•:~,:9 •;l::i,;,;,9"' ,,..~•:,,,::~:~ .. .. . . .. .. .... .. .. . .. . . .... nus CLUK, UC- LICENSE PLATE,,..... _ •.... _ •.... _ •... , __ -·. __ , .. ,., CITY AND STATE - - - - .. - - - .•. - . - •.... - - ••.•••• .. __ ,. _, .. _, _., ... :~:~:........ Q C - - - •••• - ;;;~~~;~~~~· ~o~~ - - ... Lij - - - - . -~· - - - - ... - (48) NAM£ GeJlCT. SHOW OWNUSHIP; AND STAT[ NATUIE Of DAMAGE APPROXIMAT[ COST TO HPAIR S. I N J u R D D TOTAL 1111 IF YOU HAD AN AUTOMOBILE LIABILITY POLICY AT THE TIME Of THE ACCIDENT,SECUREFROM YOUR AGENT OR INSURANCE COMPANY A NOTICE 0, INSUIANCE (FORM St-ZI) AND SEND IT WITH THIS R[PORT TO THE DIVISION OF MOTOR VEHICLES OR HAYE YOUR AGENT SEND IT AT ONCE. DIIVU PASSENGH 0 P£DUTIIAN D IJCYCl 1ST b z TOREPAIR VEHICLEI..... E· D g M,P.H. .................................................. ___ .... ! .. ... . .. M '-"· MAXIMUM - - _SAFE SPEED...... DAMAGE TO PROPERTY THER THAN VEHICLES ... IMPORTANT g L&.I t.C.C. IN Y[HICU: NO.••••... ,.,_._ (54)-,- ••. �VEHICLE (55) (56) (55) (56) KILUD INJURED I FIONT 1. FOLLOWDOTTlD LINES TO DIAW flUTLINI KILLED AND VEHICLE h 2 1__ INSTRUCTIONS INDICATE ON THIS DIAGRAM WHAT HAPPENED. LOCATION IN VEHICLE OF PERSONS KILLED AND INJURED. ( CHECK ON[ FOi UCH ,usoN INJUHD) IOADWAYAT ,LACI: OF ACCIDINT. 0, Z. NUMHI UCH Y[HICLE ANDSNOWD111:CTION OF TIAYIL IY AIIOW. 2 -IT>CD-- ,. US[ SOLID LINE TO SHOW PATH ■ IFOIE ACCIDl:NT ~, DOTTEDLINE AFTH ACCIDENT.___ . __ l[fT ·UJ. Q 4. SHOWrEDUUIAN IY, Z,___ __ 5. SHOW IA.ILROADIY: ,. 6. SHOW DISTANCEAND DIHCTIONS TO .LANDM.UICS: IDENTIFY LANDIUIKS IY FIONT CENTU __ 3___ FRONT RIGHT 4__ l[AllfH 5__ HAI CENTER 6__ HAI IIGHT • NAME 01 NUMHI. (57) 0 (58) I INDICATE NORTH BY ARROW J DESCRIBE WHAT HAPPENED (HfU TOVEHICLESIY NUMIU) USI! THIS SPACE FOi LISTING ADD,ITIONAL'' • '• • • • • • • • • • ·' •'' '• '"' •'' • • • • • • ·' '' '• • •'' • • • •' • • • • • •' • •' • '• '• • • ·' '' ·' • • • • •' • • • ·' • ·' ''' •' '' ''' INJURED PERSONS. ALSO EXPLAIN 0U£5TIONS NOT FULLY ANSW£1lD BY CHlCKING IN THl .• , ••.•. , , • , •• , , •• , •• , ••• , •.• , • , ..•. , .. , ..• , •••.•. , ••.•.. , ... , .. , ••.•.•..•.•..•.••••• , ••• , ....•. SPACU PIOVID£D. IF MOil SPACE IS NEEDED USE ANOTHER .•••••• FORM 01 A SHUT OF PAPU THE $AIU SIZf. , ..•. , . , , ...••• , •••••••••• , •••••• , ••.••• , •• , , •••.• , ••••..• , ••.... , •••••. • •'' '' •' '' • '' • • •' • ·' • • ·' "''' , ••.••• , ••.•.. , •••.. , .• , .• , •. , , ••• , • , , • , •• , , , •. , ••••• '' • •' • • •' ·' ·' '• • • •' • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •,,, , , •••••••••.••• , , • , , , • , , •••••• , •••••.•.• , •..••.... , • , , ••• , . , , •• , , •••. ••• ,. , •• , ••. , . , , • , , .•• , •• , •.•••••• , ••••.•••....•• , , . , •• , , •. , , , , • , , •.• (59) 7 OFFENSES CHARGED DRIVER CONDITION OF DRIVERS AND PEDESTRIAN MISCELLANEOUS (CHECK APPLICABLE ITEMS DRIVERS" ACTIONS INDICATED WHAT DRIVERS WERE DOING (CHECK ON£ FOR UCH DIIIVEII) DRIVER DRIVER 1 1 (60) (63) l ___ UC££D£D 2__ __ 3___ 4___ UCHDED I 2 (66) AVOIDINGPEDESTJtlAN l ____ AVOIDINGANIMAL 2_ __ SKIDDING,BE:FOI£APPLYINGHAKIS L ___ OTHER IODT DEFECTS SKIDDING-AFTERAPPLYINGHAKES 3____ ILL 4__ CROWDEDOFF ROADWAY 4____ fATIGUED 5___ HIT AND RUN 5____ APPAIENTL't ASLEEP 6____ CAR RAN AWAY-NODRIVER 7___ BLINDEDl't LIGHTS OVUTAKING ON CUR\/£ 0\/UTAKIN(j AT INTERSECTIIIN IMPROPU PASSING OF SCHOOLBUS - CUTTINGIN L __ OTHER IMPROPER PASSING 9___ WIONG SIDE OF ROAD-NOTOVERTAKING Q__ - _ EYESIGHTDEFECTIVE l __ -- _ HUIING DEFECTIV£ 6____ MAKINGRIGHT TUJl:N - - MAKINGLEFT TURN -- - MAKINGU TURN -- - SLOWINGOR STOPPING - -- STARTINGIN TJtAFf'IC LANE - - STARTINGFROM PUkED POSITION - _ STOPPED IN TJl:AFFICLAN£ __ - PAIKfD - BACKING Passino (70) (72) (74) DID NOT HA\/£ RIGHT-OF-WAY FOLLOWINGTOOCLOSE l ____ L __ FAILED TO SIGNALOR IMPROPER SIGNAL PEDESTRIAN ACTIONS (CHECK ONE (67-68) IMPROPER TURN-WIDERIGHTTURN 3._ __ IMPROPER TURN•CUTCORNERON LEFT TURN 4___ IMPROPER TURN FROM WRONGLANE 5__ - OTHER IMPROPER TURNING 6___ IMPROPER BACKING 7___ IMPROPER START FROM PARKEDPOSITION 8___ DISREGARDEDOFFICER OR WATCHMAN g___ DISJt£GARD£DSTOP,GO•L\GHT (62) (65) 0___ GOING STJtAIGHTAHEAD - __ 0___ 12.._ __ _ - OTHEI HANDICAP (61) (64) 12.._ __ NO DEFECTS AVOIDINGOTHEI YfHICLE OVERTAKINGON HILL 6__ - 0___ 3__ DRIVER PED g__ - SPEED LIMIT SAFE:SPEED IUT NOT SPUD LIMIT 2 (69) (71) (73) 1L __ 5___ 7___ DRIVER OISJt£GARD£DSTOP OR YIELD SIGN -- _ HADNOT HEN DJtlNKING 0_ - _ DIINKING•OIVIOUSLYDIIUNk 01_ CROSSING AT INTERSECTION-WITHSIGNAL l __ - - DRINKING-ABILITYIMPAIIIED 02__ CJIOSSING AT INTERSECT!ON•AGAINSTSIGNA1. 2_ - _ DRINKING-ABILITY NOT IMPAIHD OJ__ CIIOSSING AT INTERSECTION-NOSIGNAL 3__ - _ 04__ 05_ CIIOSSINGAT INTERSECTION·DIAGONALLT DJIINKING-NOTKNOWN WHUHEI IMPAIHD 06__ CROSSINGNOT AT INTERSECTION-UIIAN DRIVER VISION OBSCURED CROSSINGNOT AT INTERSECTION-11:UIIAL 07_ COMINGFROM BEHINDPARKED CAIIS 08__ GETTINGOFF OR ON SCHOOLIUS 09_ PLA'tlNCiIN ROADWAY l(J__ CiUTING OFF OR ON OTHEII VEHICLE 11_ DISREGARDEDSLOW SIGN 12._ DRIVER I VEHICLE CONDITION( CHECKONE OR MOH) -- - RAIN, SNOW, ETC. ON WINDSHIELD -- - WINDSHIELDOTHUWISE OBSCUHD -- _ VISIONOISCURED BY LOADON \1£HICL! VEHICLE z (75) (76) __ 8___ HITCHINGON VEHICLE TIEU, c ■ors, uc. NO DEFECTS -- l ___ H,ILED TO STOP AT THROUGHHIGHWAY-NOSIGN 12__ WALKINGIN ROADWAYWITH TJtAFFIC-SIDEWALKSAVAILAILf l ___ LIGHTS DEFECTIVE 2___ DJtOVETHROUGHSAFETYIONE 13__ WALKINGIN ROADWAYWITH TJIAFFIC-SIDEWALKSNOT AVAILAILf 2_ __ HAkES DEFfCTIYf _ BUILDING - SIGNBOARD -- PAIK£D VlHICUS __ -- 3___ FAILED TO SET OUT FLAR£S OR FLAGS 14_ WALKING IN ROADWATAGAINST TIIAHIC-SIDfWALKS AVAILABLE 3.___ STEERING DfFfCTIVl 4___ FAILED TO DIM HEADLIGHTS 15__ WALKINGIN ROADWATAGAINSTTIIAFFIC•Sl0£WALKS NOT AVAILAILE 4___ PUNCTUREOR ILOWOUT EMBANKMENT ___ -- 5___ DJtl\llNG WITHOUTLIGHT 16_ WOIIKINGIN IOADWAY 5__ 6___ IMPROPER PARKINGLOCATION 17_ STANDINGIN ROADWAY 8___ 7___ OTHU VIOLATIONS 18__ LYING IN ROADWAY 7___ OTHER DlflCTI L __ NO VIOLATIONS 19_ NOT IN ROADWAY Q___ CHAINS IN UH - HILLCR£ST WOIN OR $LIU TIHS ___ MOVINGVEHICLES MOTOI TJtOUILl SPECIFY OTHER - - NOT OBSCUUD /lJ/62.......... = __ DAT£ Of Rf POJtT (77) IF FILED BY POLICli • • , ,iADGE NO. DEPT . • □ WITiflSS ~~~::NT , � 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 Alvin Lee Hensley Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_015 Hensley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_013_commonwealth-v-arlie-long.pdf 73933e9b87bb9ab796d00237d7bad672 PDF Text Text DEC 193? ,1 1~ COMMONV!EALTH v. ARLIE C. LONG Felony (embezzlement) ��ARREST WARRANT 6 The Commonwealth of Virginia,} T •t • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: i~-c These are therefore, in to appre before the Trial Justice of the said County, the bod and bring • ~ ____________________ to answer the said com laint and to be further dealt with according to law. Given under my hand, this Memo. of Commonwealth Name N _lef day of Witnesses: Address �I# ><J~ ·---L~_".::_,, __{.L 17:z:?\~~- CT. J. or J • r H~.J"'4:;'~~ ail a;:;-df~r the County of Rockingham, tJ orrhnis~ "t.=5_ ~~ acknowledged ~ ~ of Virginia id the sum of 7'~ Commonwealth themselves dollars ($ shal! ;'Wear before the Trial Justice _ indebted \oo -.n 6 vOD'¾_ tion, to be made and levied of their goods and chattels, yet upon this condition: , State and _______ to the ) as 'to That the said ourt of Rockingham County at 0 , on the_J/)__~ __ day of-_,LJ.~&~~~~~'.'.'.:... 19li, at / o'clock A. M., and not depart hense ithout leave of said Court, and at such other time or times to which the-pf~ceedings may be continued or further heard, and before <my 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; othe~~remain inmfull e ~~_ , .....5'7 ~ ~f.,. Given under my hand this, the ~ J -~ ~ .., ou 0 <~ ~ ~ r A ~ ~e ~~ C1l ·s ·c u '-.,---J 1~ r,o ~ c<:S , --5 ~J ~ c<:S § 0 ) ~~-u ~~ ..,~ I I ti 'II J ~ ~• µ ""3 '"de r ',l , I L I ;j o:s B s u0 U0() I;;: Ve ~ ><--V i;.IJ t;_; ~ <.+:. u - . . ...._7 ___ I _.,....__ z,.,... E--< ~ ... " : ! : - • P:,. ' VJ \ - \ V -~ (I) \ - Q) p:,. ,::::. ~ ' V -~ i:.i:.. t: , ~"' ..2, .., t;_; V ::, ' ::E -VJ 4-1 -~ ~ A~ p 00 ·a 0 "'- ~ ·- e e ' ....._ O:S V ~ - o:svSe"' 8 ·- .... ~ ~ ·c :::: ::, ~ U f-, < en ~ , ; , e::l V ·- • on .,, "' • \ _ I '"? I • • \u··= ">,.__ ~ :. • ", ·" . "' "' ,,; ~• "' , •""! : \: v V ~, 1 - • C, -( : 1 .., - - <,·,,: : ... . . "'...••••• . "'. "'. " -' ~*"' ..,.. ~"' I ___. --~- ~:~1 l~f \ \::>: -~ ~=~1'?! - -- ..,,_ __ / . :::> I '\:) µ 0 ~ • µ~ "' z Ji -~~---- ~JI I ""'~ H~-- -a1 J • '--kU)~ n,; ~ ~~ C • 0 l~ __,,,...,,,,.,.._~~__,c..;--_~_,,_~---=;--e.-c-______ --~' ~ t ~ ,-, ____,,__ ~ g <11 c<:S <11'"de \ ~~ ' § ~ "' c<:S 8 e V µ<11 ~ s o i:.i:.. otj ...... .!:: ::::..:;: P-...... u<: ,.._, ·@ ]µ f-, �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......................................................................................................... . ::::::::::::::::::::::::::::::~::~:::::~:::g~~:: / who stands charged with a felony 11~ And this you shall not omit 1t11derpenalty of £100. Witness, J. ~T SWIJZER, ~/erk of day of .... ... ;-:::T.; .........·...... 19 ..... J and in ;z And have then and there this Writ. ;~Court, the ................... yet~/ at the Court House, the .......i.f:..C?...~ jhe Com;nonyllh~ :/:- ) 1 -···;l:·~·~~ THe SER.VICE PR.EU, HARRJSONIIU&G, 1'A. Clerk ��In the Name of the Commonwealth of Virginia: To the Sheriff ff~ of Rockingham County, Greeting: G.~/o/-- you are hereby commanded to summon.............................. ·········································•·································•·••···································- to appear before the Judge of the C~ Court of Rockingham County, at the Court House thereoj"' ~~ ...:.............................................................. 19....i..... , 1 al 9:30 o'clock, a. m., on the....i .......day of......................... to testify and the truth to say in behalf of the Commolweal h against ............................................................................. . /f.lj_) "t? :::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::~::::::::::::::::::::::::::·::::::::::::::::~/ ...:::::::::::::::::::::::::::::::::::::::::::::::: who stands charged with and indicted for a felony misderneano And this you shall not omit undet penalty of £ I 00. Witness, J. ROBERT SWITZER, ~. .-............................. 19.i), da• a/..... Massanetta Clerk of our said Cou t, at the Court House, the.....~ ........... . aed in th, ...J~7,.··· ........• ,a, a/ th, E.m!"L""lth. ;f {j .. Paper Co. Print And have then and there this Writ. V -✓~···· z[* I~ ........................ . Clerk FORM NO. 457 ��TRIAL JUSTICE COURT [Q~~ of t&b-,<l&1~ V.) DOCKET NO. ./-0<9;5 ~ ��COMMONWF.ALTH OF VIRGI~ITA, COUNTYOF ROCKITGH.AM", to-vvit: In the Circuit Court of said The jurors body of the county December term, to the grand embezzle use, a large Seventeen as cashier, of his the do further in the peace grand present that fully, and fraudulently, jurors unknown, dispose of, but and convert money amounting Nine Hundred sion t:ilk Dollars Producers and was received trust, and employment company in the of said course company, and convert to his ovm use ($1707.00},· Milk Producers Association, possession a and was received Arlie "' of said upon their oaths ~he time being to at least which said county wrong- to the grand a large sum of of the Valley money was in his by virtue in the and dignity use, sum of Ten Thousand head bookkeeper, employment the peace the the property by him in said as cashier, aforesaid 1, 1933 and November 6, 1937, own use and embezzle Association, company, C. Long did unlawfully, county, {anuary course Commonwealth of Virginia. aforesaid, said and employment of the business of the and the company in the ($10,900.00), against Cents time to at least of said aggregate of his aggregate and agent to his in the the trust, in said between county, 1, 1937 and in the its C. Long off ice, jurors at August transaction the Arlie of his and di~nity And the Court but between money was in his head bookkeeper, that in said and Eleven by virtue said do present mounting of Virginia county employment against of, Seven Dollars which said by him in said ginia dispose of the Valley corporation, unknown, sum of money Hundred property oaths ana fraudulently jurors in and forte and now attending upon their wrongfully, November 6, 1937, Commonwealth of Virginia of Rockingham 1937, did unl~wfully, being of the County: of his and agent transaction of the of Virpossesoffice, of said of business Commonwealth of Virginia. This indictment is found on the testimony and S. B. Hoover, witnesses sworn in Court and sent jury to give evidence. of David E. Shank before the grand �Commonwealth v) Indictment Arlie C. Long Felony: Embezzlement December tPrm, A 1937 True Bill: Foreman itnesses: David E. Shank S. B. Hoover " D. W. Earman Commonwealth's Attorney ,:,.. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Arlie Long Subject The topic of the resource Felony Embezzlement Description An account of the resource Defendant charged with felony embezzlement Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1937 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_013 Long https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_012_commonwealth-v-avery-vernard-reed.pdf 25f7d27cbd203a1f148ab7ae9cb1fee1 PDF Text Text ' /t ,. , ~ - .J. I T -f ,, 1 - -------v----+ : I J ...... - I ' , (._ �------+--- .JI-- -+-- I + ·1 �LJ TID: CIRCUJT COURT OF ROCKINGHAH COUHTY, 'lIRGiiUA: COI.'E.!ONWEALTH v. C~:.ARGE TO JURY AVERYV:8RHARD REED If you find involuntarJwill for your OiW say so and fix a period of not discretion, year If accused, nanslaughter, you as his ~very punishment less such find not .fine than exceedinp; and him not Vernard charr;ed by confinement or a fine or by both . more. the in at one nor in jail Reed, the guilty indictment, confinement more of than for in five the not :::>ollars or, exceeding (..,1,000.00) imprisonment. ~ullty, then you ~ill say you penitentiary years, a period One Toousand then so and no in ��IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA Instruction No. COMMONWEALTH v. AVERY VERNARD The Court is the killing accused) REED instructs the jury of one accidentally, in the prosecution or on the improper contrary of some performance that involuntary manslaughter to the intention unlawful of a lawful of the but not felonious act. ( act �T �CGr.1EONWEALTH V. AVEHYVERNARDREJ;D V INSTRUCTIOIJ The Court of Viridnia, instructs person, or i'fhen not under as to endanrer guilty The Court the evidence Phillips be:rond resulted such accident or reckless the \'laS to show utter likely to cause involuntary injury manslaur,hter control, limb the by the jury doubt of the State upon the hie;hway or at a speed or property accused, from Reed's nanner, of the or death, that that recoived or in of any if the you believe o:f Marjorie by :1er while a passenc;er Avery Vernard operat~on that then as charged such of others under you shall find in tho Reed, and of sai& car ·wanton or i'lagrant safety from death 2.nd further of suc11 a reckless, disreg;ard laws driving. from injuries resulted the an automobile life, a reasonable an unlanful accused the instructs driven under proper of reckless further in an automobile that that vf10 drives such is jury an operator recklessly, a manner the indictment. in conduct of nature as circumstances him guilty of �. ,. �IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH v. AVERY VERNARD The Court charged against criminal Instruction REED instructs the jury the defendant negligence be the foundation for damages representative if killed, that. In order to be criminal negligence such negligence negligence. callous his as is necessary that the negligence Culpable disregard act. performed the death of another, negligence, it must such a character as to show circumstances because likely of recklessness, is no crime. 7-1 --J ~- ~ but something more than as distinguished damage is that be predicated for disregard injury and where such gross be reckless which there indicates a consequences upon every of act results liability in to result or wanton of the safety or death. it must or culpable carelessness criminal from action, and of the probable necessarily to cause or negligence but in order from injured a civil because as might by the person was cannot merely by the term negligence of the accused life liability carelessly for or gross of human Criminal such ..S of the crime negligence; not simply by his personal be shown the gist is criminal is meant of a suit that No . and of of others The crime is no recklessness under is imputed there ��IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH v. AVERY VERNARD REED Instruction The Court is of itself a mere not of itself, should permit or on account instructs the jury accusation any evidence himself No. that or charge the indictment against of the defendant's to be influenced of the indictment in this against case. in this the defendant guilt; case and is and no juror the defendant because ��IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH v. AVERY VERNARD REED Instruction The Court defendant to be innocent indictment doubt, tent instructs the jury until and to the exclusion innocence. the defendant throughout thereof, and if, the jury have whole him the benefit heard doubt case in the indictment, it is their and applies nor is it sufficient the charge but to warrant his his must beyond all reasonable doubt. the charge stage upon the made the defendant Mere suspicion strong, if the greater supports with in the case, however of the evidence guilt goes at every duty to give preponderance conviction, consis- of the accused to prove of the defendant, in the all reasonable hypothesis and find him not guilty. of the guilt to convict, beyond of innocence of the guilt the as charged all the evidence essential of the doubt guilty reasonable or as to any fact the probability sufficient having the law presumes presumption the entire a reasonable case, against after q by evidence of every This that he is proved by the Commonwealth, with his No. weight or is not or in the indictment, be proved by the evidence �\. j �COTJU.10Nv7EALTH V. AVERY VERNARD REED INSTRUCTION In considering burden the 1.'1hether or not of proving Court the instructs the Hr,easonable 11 is on reason, founded possible guilty nor its doubt, beyond must limit the trial of this that to create inferences say that proof v1hich imaginable or the natural doubt. of the evidence charge, presented at and reasonable The jury nor word a man must be proved to the including nith the a doubt or possible of the consideration is doubt, cannot can you go oeyond go beyond such such evidence to any such cioubt of cuilt. Furtl.1err.iore, the jury should from lacl::: of evidence, questionable doubt conceivable, sufficiency doubt, overlook to be confused not reasonable not A reasonable imaginable, case, beyond you should lav1 does its COJ'.lli""!lonvrnalth has met its accused to be dravm therefron. evidence arising the upon the jury find jury and is not every the of the meaning. for In passing inferences guilt the proof bear fact essential and not a mere doubt that from conflicting of any particul·1r material in nind to the fact, proof concerning testimony, should of the imnaterial guilt or from be a doubt of the of a accused and nonessential circum- stances. If, after evidence, a reasonable your :r.1inds are you from reaching then If, on the other o~ all of the reasonable in such a convinced conuornrnal th has conviction all left the consideration and honest truth doubt. failed hand, the belief a state evjdence of all its accused, buro.en. an impartial and reasonable in the you ~ave charge, of the of c7-oubt as to p1°event o:' the GUil t of the to meet after of the consideration case, you are then an abiding satisfied beyond ��COMI.'IOIWJEALTH V. AVERY VERNARD REED INSTRUCTION The CoW'.'t instructs just as lecal circumstances minds doubt. of the the and just are of such jurors jury as effective of the character defendant / that ci:rcumstantial as any other, evidence provided and force as to s guilt, beyond I satisfy is the the a reasonable ' ��C OMMOl\f,"JEALTH V. AVERY VERNARD REED L INSTRUCTION The Court is instructs a question the exclusively for to deteI'mine from the their manner of testifying, their testimony, intelligence witness result to circumstances more vIOrthy testimony, trial, appearing of credit and to give the jury; if any, r jury have on the determine the relative accordingly. right stand, their relationship intei-•est the and consistency of the and from all trial, of witnesses and fairness, the the and v1hat is credit and the candor any appear, on the credibility reasonableness of intelligence, if the of the witnesses the a:?parent the parties, of the that appearance their or lack jury apparent of the v1j_tness other nhich of in the surrounding witnesses are wei&-;ht of any such ��ry I -/ Docket No. ~ ;F-@ 'Z ~ --3 ~ Jlu , di, Jc:J.. .' • · " • COMMONWEALTH of VIRGINIA ]Cl:, t( ~ t 11c' 'j ry l R. M. \Veaver -------------P· ~ ye d. Appointed ( ) " ; :, e. I 741/z.~ ec. 'Lt:c't: ( X) Own ~ ;t /4 Bond ✓ / Iv II ) Felony (mans) ) On Warrant AVERYVERNARD REED /41' 7 ) vs. ":, t,j < " 0 t f( "'" I' ✓ 'C / ) ~~~ 1952 June 16. == f J1 I- 7 f. '-/ f C, j () I j. i fu:-1- "-fl-tc-e-t~ 'C f Indictment waived. Arraigned & plea/ of not guilty. Trial set for July 1,1952. 0 8/357 ')-o ~ I '"l ~ T J-7..d \J/~ yt.c{. ~ V 11,-~&, t/· I"' (,I I C>c:,,, i~ s.!,J. ;~-" !; c:,,).., t-/ t) I • l/r1ff C 'f/fo'µ _t,e,, /"l/.$/j CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��CUE FORM No. 1 Revised 12-48 OF VIRGINIA COMMONWEALTH DEPARTMENT OF THE CHIEF OFFICE 404-406 REPORT OF HEAL TH MEDICAL EXAMINER NORTH 12TH STREET RICHMOND 19 OF INVESTIGATION BY CORONER __ M_a....::r..t=g=i=e ___ -'E=l=i=z=a=b=e--=-t=h __ _,,P--'"h .... i .... 1...1...,i_psAGE: 26 DECEDENT First name Middle name w SD _V--'a=--•~--------M ADDRESS ___ B....::i=g'---S-"-t-"-o=ne..:::.._G.:....a=n"'-'-, TYPE OF DEATH: Body to be cremated □ In prison □ Sudden in apparent health : Instantaneous without obvious cause □ After unexplained coma D After unexplained rapidly fatal illness D 1/11/'?2 DATE DEATH INJURYORILLNESS LASTSEENALIVE l/ll/S2 TIME NOTIFICATION . SEX :_F __ OCCUPATION: _ CORONER NOTIFIED 1/11/52 1/11/52 10 PM 10:30 VIEWOF BODY Violent or Unnatural D ~ Means: Automobile IF MOTORVEHICLE ACCIDENT CHECKONEOFTHEFOLLOWING DRIVERO PASSENGER 10 PEDESTRIAN O PM Elkton. Va. TYPEOF PREMISESCE.0. HOSPITAL, HOTEL,HIGHWAY, ETC.> Rockingham Highway " DEATH D 1/11/52 CITYOR COUNTY INJURYORONSETOF ILLNESS Unusual POLICENOTIFIED ADDRESS LOCATION Unknown ------------- Suspicious 1.....1----------------suspected means Unattended by a physician: Found dead without obvious cause Unattended during fatal illness D Stillbirth attended by midwife D J • C Bri 71 BY· COLOR OR RACE:_~W __ Last name " VIEWING OFBODYBY CORONER NOSE DESCRIPTION OF BODY CLOTHEDIX UNCLOTHED □ PARnY CLOTHEDD HAIR__ MUSTACHr BEARD CIRCUMCISED □ PUPILS:R I MOUTH EARS BLOOD ABRASION □ FROTH CONTUSION □ OTHER GUNSHOT □ INCIStt> □ (Sand, dirt, water,etc.) BURN 0 STAB □ LACERATION□ FRACTURE OPACITIES, ETC EYES:Color NON FATALWOUNDS WEIGHT I RIGOR LIVOR JAW □ ARMS □ NECK □ CHEST □ BACK □ ABDOMEN □ LEOS □ COLOD ANTERIOR□ POSTERIORO LATERAL O REGIONAi □ SCALP□ FACE□ NECK□ CHEST O DISTRIBUTION: BAC.K□ ABDOMEND ARMSD LEOSD ENO..., BODYHEAT: FATAL WOUNDS: TYPE (GUNSHOT,INCISED,STAB.ETC.) Probable cause of death: Cerebral SHAPE SIZE injury, Multiple lacerations, One involving jugular vein with hemorrhage. LOCATION PLANE,LINEOR DIRECTION Manner of death: DISPOSITION OF CASE: Accident ~ Suicide D Homicide D 1. Not a coroner case D Unknown D Pending D 2. Autopsy authorized D j Natural D check one only By: ____________ _ I hereby declar~ that after rece~vingno~ice of the de_athdescribed herein I t~ok_c~arge of the body and ~ade inqu!ries regarding the cause of death m accordance with Section 19-23, Title 19 of the Code of V1rg1ma; and that the mformatlon contained herein regarding such death is true and correct to the best of my knowledge and belief. Jan. 20, 1952 Date Rockingham Cit,, or Count7 of Appointment /s,/ F. 1. B~rs, M.D Slpature of Coroner I hereby declare that to the best of my knowledge and belief this is a true and correct copy of the original report filed with the Chief Medical Examiner by Dr• F, L. Byers concerning th~e ~:j}~.h Pbi J Ji :ps DATE March 5, 1952 - ~ _ ~_ Acting Chief Medical Examiner �MEDICAL AND OTHER PERSONAL IDSTORY: SYMPTOMS AND DISEASE, PAST AND PRESENT: Addiction IO O Narcotics Anorexia Aphasia O O Aphonia Chills D O O Coma Convulsions Coryza Cyanosis Delirium Diarrhea Dyspnca D D D Edema D O O □ Fever Habituation: Sedatives Alcohol Headache "Head Cold" Hemorrhage from Body Orifices 0 □ □ □ □ "Indigestion" Jaundice Nausea Pain: Abdomen Back Chest □ □ □ 8 □ Prccordium 0 Radiating to ArmsD Paralysis D Skin Rash 0 Somnolence D Stiff Neck 0 Syncope 0 Vertigo Visual Disturbances Vomiting Weakness Weight Loss Weight Excess □ □ □ □ □ □ D OTHER PERSONAL HISTORY: Suicide attempts O Suicide threats O Hobbies, aptitudes or skills with firearms, chemicals, etc. O Domestic, premarital or marital conflicts O Financial or business reverses O Social or religious conflicts O Legal difficulties O Criminal record O Unemployment O Fear of disease□ CONDUCT BEFORE DEATH: Efforts to prevent help O Efforts to obtain help O Suicide attempt: Admitted O Refusal to talk O Written declaration of intended suicide O Accusations against others O MEDICAL ATTENTION AND HOSPITAL OR INSTITUTIONAL ADDRESS NAMEOF PHYSICIANOR INSTITUTION PREVIOUS CHEMICAL OR MECHANICAL MANNEROF INJURY CARE: DIAGNOSIS CHARACTEROF INJURY CIRCUMSTANCES OF DEATH: FOUNDDEADBY LAITSUN Al.IV£BY WITNUIES TO INJURYOR Ill• NWAIID DEATH DATE INJURY: PUCE: CHARACTEROF PREMISES NAME Denied 0 ADORES$ DATE �DEPARTMENT OF STATE POLICE Date hereby Trial to answer for Violating Improper -----k Defendant----~------------~:.•~ 0or Chauf.y,J/~zo,, the Motor Vehicle Laws of Virginia, to-wit: summonsed IB /-~',ta to appear on .HJfJ.4 • (Date) Speed Limit before: at 0 15177~ Jl/tJc o'clock-_,../J_· -~M No Operator Chauffeur License D □ /,,.r~o~ A res p~~~:"~o. Summons required under Title 46 - Section 193, Code of Virginia. to comply with this summons constitutes a separate offense. SZf-?,½/ Failure (Address) �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indi'cated from Virginia Accident Analysis are: } Speed too fast for conditions Following too c!osely • Qid not y" Id rig.ht of way Failed to signal turn or stop Improper passing Disregarded stop sign Operating wrong side of roap-not overtaking FOR YOUR INFORM)\TION: The_ trooper w~o has issued this summons is paid a straight salary an~ ha~ no interes_t i~ any fin~ or costs which may be unposed on you by the court. All .traffic fines for State v10lat10ns are paid mto the State Literary Fund .,. apd used for educational purposes. The cost of State Traffic Law Enforcement in Virginia is paid from Highway Funds. �Comp. Form 18-A ST ATE OF VIRGINIA No _____ To-Wit: ~ OF HARRISON13URG _ TO ANY SHERIFF OR POLICE OFFICER: A__;;_._K_._G_RA_VE_T_T ___ S_T_A_TE_-_P_O_L_I __ C_E ___________ Whereas, ____ _ has this day made complaint and infonnation on oath before me, .-c-=-=J=--Alffi __ S_W_._L_I_NEWE ___ A_VE_R _____ CITY JUSTICE OF THE PEACE of the said ~. _ (Name) tha_.____________ _ (Title) AVERY VERNARD REED Rook~ham County --------=~==--.-.:....==-===;__;::.=='-------------------------'1iKft did on the 11th day of one Marjorie of Virginia Phillips. J anuary Against , kill 19__52 : Unlawfully _______ the peace and dignity and slay ___:__ of the Commonwealth • 'I. These are, therefore, to q>mmand you, in the name of the Commonwealth, to apprehend and bring before the Rockingham Trial Justice Court of ~ County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you arc also ,directed to summon color ___ color---'---- as witnesses. Given under my hand and seal, this _ Address --------------- □ Address --------------- □ color ___ _ Address ---------------□ color ___ _ Address ---------------□ color ___ _ Address ---------------□ �-~:c..-~~=~~"~.a~~~~""-'--'--""'~'3-1.....,~~..... 4-.e-,,~-~T.ciaJ J •iee Ju tice of the Peace to-wit: in and for the ~ aforesaid, State of Virginia, do certify and Dollars {$ybtt20 , t2.0 ), to be made and \e.ied of be <ha~' j• ~;;/' -~~ sai of 1-:;,.4_,i;;_~cc:i~.-d-:.dle7'?-'..Ll.:,~!4-.,__ ---,.-- County, ______ and tenements to the use of the c:,;;,::.wealth , s~all-:r:,ar ,::2.. L on the day of #, before the Trial Justice ~ to Court -, 19V-~ at ---,L.C---.....cc.___;;__,'--'.::,,,15!!.t!.~~Q~£«2"~:,i,,:~~~L-, Virginia, and at any time or times to which the proceedings may be continued or further heard, and befo e any court thereafter havin or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall no depart thence without the leave of said court, the said obligation to remain in full force and effect until the char Re is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said from the date hereof. t'p the peace and be of good behavior for a Given under my hand, this __ ~.., '\' 0 n0 ~ "' #-.LJ~'(j=-..-d~~day of _ __...;7f!2:!,~c:i.,s.,~~:::::::;\-----..,.--,,:U "" Ill ..., s· ~ ~ '1 () ::r I-'· <: (D (t ~ E. Q . p., ~ " p ::r 0 Ill :::s p., ? .,,. .,,. 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En 0 '-I::;· §. ::, (") .,,. > r~ E er,_.,.... ~(D t.x:I ::i: d () s:: z 9 0 a., z t"' '"1 c+2'. 0 >-l ., ~ tTl H:, Ill c+ > t.x:I 0 ~ :::s CD ::n 0 ~ ~ cr'., c+ Ill~ I-'· >-3 0 ..., ::,;; ::,;; ::, '1 'O n Ill ~ 0 (") 0 ::r I-'·" :::s (D H:, > z :::s H) .... I c+ 1-'•r+ 0 ., (I) ::r. CD eno ~::, tj ;. ,., CD 3 p., I-'•-· Ci.l 1.J, Cll g S CJ) < (I) ::, (') I-'• ...... n ~ ., ::r c:...,I-'• ;:J' (/) Ul p., c+ ~~ ::l • '1 ~ :::s :::s ~ (D ~ 0 Ill '1 :::s Ill p., 8., n 0 C ::, g ..... "' ~ ... ., "., n 0" l1Q ::, ;;- (I) Cl. �-.=.:~--..--.;;;..i..·~---------------' Rockingham County, Virginia, 1959---;' do hereby volun~~ ~fil Witness: #A9P&/'~- the accused in the attached the Jud~7 of the Circuit Court of this (6::t/z day of ~ waive indictment on thi'said charge of • , ��COMMONWEALTH VS. DESCRIPTION ~--- _f;d._/t'ii. Last known address _____ct?t:. ColoL ) __ ___ ,~ Height___}_ - _-:-:_F// zjves __ __~_ OF PRISONER __v~------------- h ___ _ HaiL 1t4 •____________________ _ _ Weight_ L2 _r'.::-:- Marks ______________________ ----· ____--·- ____________________________________________________________________ _ '3._ -;J- ________ Age _____ Date of Trial_ ______ 7_ Result ______ bO {j!_~ _ _J~ Occupation ___ _:-= _(_'::__ ~ _-~- _c(_ 0,,&- J _______________________________ _ _________________________________________________ _ ___}?7 7 ·-_'i;:)._ ~ / ____________________________________________ _ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................. . ...................................... D:i.-:· ..•..... F ..•.... .L •....Bye.r.s ................................................................................................................. . 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 ............. ls.t ............ day of ................. ,.......Iuly ............................................ 1952., to testify and the truth to say in behalf of the Commonwealth against ........................................................... . ............................................................ AVERY ..VERNARD...REED......................................................................... . who stands charged with ~1!,faE:mf a felony ~ And this you shall not omit under penalty. And have then and there this Writ. Witness, ~•fltRie~i'!a.KJSHJU!ilmE. day of.. ..........J\m.~ ....................... , 19..5..2. ..., and in the TH ■ lal.YIC& J"a.EU, HAIU,UON8lll.G, lA. at the Court House, the ....2.3.r.cL 176..t.h. �Cow,:mr:mALTH v. ) Vii tness Subpoena AVERYVERHARD H-SED To July 1st, 1952, 10 :00 at. a.m. ~CUTED~G,::;_;;;;...;...._.~,:.t.- ROCKI.NGHAM BY DEL OOPYOF THE TO~~_E_...Q..J._Ll.!:::.!;;a':~~- I P �In the Name of the Commonwealth of Virginia: To the Sheriff Legretta of Rockingham Morris, Elkton, County, Greeting: Va. Y oit are hereby commanded to summon ................... ...................................................................................... . I / j. ····························t.--. .... --:'. .. .:_._ .................... -:............................................................................................................ . .- . ....................... ·; ..................................................................................... . . ·: ............................................................... . ~ to appear before the fttdge of the Circuit Court of Rockingham Coimty, at the Court House thereof, at 10 o'clock, a. m., on the.l.St _'-:?'Yinbehalf of the Defendant ..day of. . .July ........................... 19 ..5.2 to testify and the truth to in the prosecution of the Commonwealth against.. ...Av.er.y ...Re.ed..... •:,· who stands charged with and indicted for a felony ~A.tJnOr. And this you shall not omit ttnder penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ..2.3.d .............. d,y of ••••••.June............. ,l 1952 ., '"d ;n th, 176p'".' ~""' ....... • Cle,k �Avery Reed ads C:mmmonwealth of Va. R. 1. July Weaver, 1, 1952 P. d. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................. . .................................................. R.oy....c..•..... S.ulliv.a.n, ..... P.a.r.k....R.ange..r.., ..... S.wi.i'.t....R:un,....V.a.. .•....... ................................................... Trooper ...A.•....H •....Gravett.,. ..... lkt.on, ,Va .•.......................................... to appear before ;he~ uclge of the Circuit Court of Rockingham Co~,~ the ~rt House thereof, at 10:00 o'clock, a. m., on the .........J,$.J ............... day of.. .......................... J1Jl.:Y......:·································· l9 .5..2., to testify and the truth to say ·rr behalf of the Commonwealth ················•············~·L···············~··Y·E .. who stands charged with Ult~for ..... . . fl ... against ................................................ . .ED................. :........................................................... . ··-· . . felony m~. · And this you shall not omit under penalty. And have then and there this Writ. / r: at the Court House, the ........~.Q.tJ1 Witness~~RiEll!i~ day of.. .......... •J\.'!P.:~ ...................... , 19...$.g.., and in the 1 .§t.h.y .......• ~ TH& 1aanca ra.Esl, HA.aau0Nau1.c, YA., �C0MM01'TIJEALTH V. ) r!i tness Subpoena AVERYVERNARD REED To July (,p _ 1st, /f, _;__ &..-"'2-- -- 1952, at • 10.: 00 -- a .m. ·- .......... __ - �In the Name of the Commonwealth of Virginia: To the Sheriff of Biiir'1iiagliiiiiECounty, Greeting: You are hereby commanded to summon ............................................................................................................................. . ................................................... MJ.'.~ ..,..... M.fJX'.Y ....L..., .....P.hi.l.:Li.p.$ ..,..... B..ig....S.t.o.ne. .....G.ap., ....V.i.:r.gi.n.i.a to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .........1.§..t ................ day oL ......................... J:u.ly .......................................... 19 ...5.G to testify and the truth to say in behalf of the Commonwealth against .......................................................... . ....................................................................... AVERY ..VERNARD __REED .............................................................................. . who stands charged with ~~ a felony .1!1'5lil\nE69lU!B.':And this you shall not omit under penalty. And have then and there this Writ. at the Court House, the ....2.4.th... Witness, ~~i,~~it, day of. ............ J"!Jn~ ....................... , THI ···••ca ra1u1, HAl.1.UON ■ Ua.c, .... �COMivIOllVvEALTH V. ) V/itness Subpoena AVERYVERNARDREED To. July 1st, 1952, at 10,:00: a.m •• �~. ·, Witness Subpoena miles Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Roy C. Sullivan, l~les in the name of the Commonwealth ,::,"wift Run, Ya. loth day of of Virginia to summon. _________ _ 64 miles to appear before the Trial Justice Court of said County, sitting in said County, on -c:ro !1arch at Har:risonburr, , 19--2£_, at the hour of Virginia 2: 00 ?. M. of that day to give evidence in behalf of_ _,C.._o,._n"'-'--'-"t""h'----·------------------------ in the pending V. case of __ C.:...._o_m_'_t_h _________________________________ Avery Verr.ard Reed Given under my hand this,__ 10-51-2m-Garrison -"'-5-"-t.::Ch'--___ day of _ �Trial Justice Court _____ Docket No. 8710 A Corn'th ( V. ( Witness Subpoena ( _l\.vAry VernHrd Heed ImBxx.mI~ To tiarch 10, 1952 at 2 PM �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 Roy Lee Fix, Farkview 1~part. Charlottesville, 5th day of.__ Va. at Harrisonburg, F.__e.._b,,._r.._1..._Ja""r ....y.,____ __ , 19-5.2..-, at the hour of.__ of that day to give evidence in behalf of_C=o=m'-'_,,t=h.__ _____________________ in the pending V. Avery !0-51-2m-Garrison case of _l"'""-"'-o""m'--'~h.__ ________________________________ Vernard Reed _ ---'------------------------ to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia to summo ,_ ________ Virginia _.3..._:_...0~0'--'-P_..-"--,.__..~-----..,..._ _____ _ _ �Executed • ih en 11e ~/a Docket No. ~ of Albemarle, Virginia .,, by dewen Trial Justice Court ----- v -•~, ... ...n.um«......n.,,.,,195k,: .. c py o the within ................ .. ............................... ..................................... , in Vl/riting, to -----------•----•-•••ub71J llin person. Fee$ ................................. .. .W.S. COOK,Sh%ff C:or11 th CountY, of Albemarle, Virginfit Sheriff V. ~ Witness Subpoena ( Avery Vernard ReBd To Feb. 5, 1952 at 3 fl[. �1-29-52 Sheriff that Albemarle County We are advised by Sgt Clifton Forge Roy Lee Fix, Jr. is in Charlottesville, Va. Pleaso try again. Clerk ��Sergeant OFFICE OF CITY ~~ CL-JFTONFORGE, VA. C lur J.C.Swartz Clerk, T.J.Court P.O.Box 54? Harrisonburg, Virginia ����Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Roy Lee Fix, Jr. in the name of the Commonwealth c/o Clifton Forge Pospital,_ Clifton Forge, Vao --------=~---------------- to appear before the Trial Justice Court of said County, sitting February in said County, on _ _____.5'--"t"--h,.....__day of of Virginia to summo ..~--------- at Harrisonburg, , 19--2.f._, at the hour o,fL_--==J--=-:-=-0-=0--=-P--=-·-=Il:...:.• ______ _ 1 of that day to give evidence in behalf of.__,C"-o"'-rn"',1'-"t::,h'------------------------------ in the pending V. 1 t_,.,_.h.u._ case of .... C.ua.Llr::_._ ____________ Avery Vernard 10-51-2m-Garrison Reed Virginia. '-------,------------------ �Trial Justice Court _____ Docket No. 8710 A Gom1 th ( V. ( Witness ( Subpoena Avery Vernard need To Feb. 5, 1952 at 3 PH �'Nitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Roy Lee Fix, Jr. in the name of the Common wealth of Virginia to summo.~---------- c/o Clifton Forge Hospital, Clifton to appear before the Trial Justice Court of said County, sitting in .said County, on-~5-±~,h~_day of Pehruacy: at For~e, Va. Harrisonburg, , 19-S2-, at the hour of__ Virginia. -,,;J ... :..,OO..,....,P~.1...,.4 ..._____ _ of that day to give evidence in behalf of_C.......... a-rn~• ..... t .... b~---------------------------- in the pending v. case of ....,.......,-,..._ _____________ Avery: Vernard Beed 10-51-2m-Garrison -,- ___________________ _ �Trial Justice Court _____ Docket No. 8710 A. Com' th ( V. ( Witness ( Subpoena Avery Vernard Reed To Feb. 5, 19!>2at 3 PU �AFTER FIVE DAYS RETURN,,..TO SHERIFF COUNTY OF ALBEMARLE CHARLOTTESVILLE, VA. ��·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 Roy Lee Fix, Jro, Parkview Apartments, Ch_a_r_l_o_t_t_e_s_v_i_l_l_e~,_V_a_o ____________ to appear before the Trial Justice Court of said County, sitting in said County, 011.___~S_t_h __ v. Vi ri:;irrl.a. Corn' th case of _._.......,.._..,.,..._ _________________________________ Avery vernard _ Reed Given under my hand thi~s-~1~7~t=h~___ I0-51-2m-Garrison at Harrisonburg, _ day of.__ _ _....cF_e_b_r_u_a_ry~--, 19-5,g_, at the hour of,_ __..3'--":-"0,..,,0'----"-P-".C!:!}" ....'-------- of that day to give evidence in behalf of in the pending of Virginia to summo ..~---------- day ofL___ __.Jc~·,,,,n~a,,..~"--l'----~~~, ]Q 52~ ) _;?£.:-~ �- YA~J_ ~q~ I -I Trial Justice Court Docket No. ---- 6710 A Com1 th .-. ( V. ( Witness ( Avery Vernard To Feb. 5, Subpoena Reed 1952 at 3 PMo WI-~ ~-~-)_ 9-.w~ /I!~ �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Roy Lee Fi.:&, Jr., in the name of the Commonwealth Parkview Apartments, ,t.... h....__ ___ day of__ ._F ..... a~h~ri ..... i... a.~cy.___ , 19$2-, at Harrisonburg, v. case of --Ge,111:-"--l'Jfl-------------,-----.,......,-,.,...------------------- .wery Verna.rd. Read Given under my ha~d this,_ 10-51-2m-Garrison ___.1➔ 7__..t..._h.______ day of y-;rginia. at the hour of_----.J""t ..... O .... O.......,.P.::-. •...iMw.•...------- of that day to give evidence in behalf of_...,c..._o.,,m.._•_t...,,hu__ ___________________________ in the pending _ Cl)._""a=r=i=oc.:tc.:t=e,,,,flV_,,_,,,,i l=_l,,,,_e:,,C,,:JJ--V,..,a~•~------------ to appear before the Trial Justice Court of said County, sitting in said County, on __ of Virginia to summo., __________ _ �Trial Justice Court _____ Docket No. 6710 A Gom1 th ( V. ( Witness ( Subpoena Avery \Ternard Reed To Feb. 5, 1952 at J PU. • �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Roye. Sullivan, Swift in the name of the Commonwealth Run, Va. 6_f':..______~'-'--'(''-=--=----------------- to appear before the Trial Justice Court of said County, sitting in said County, on 5th of Virginia to summo ~--------- at day ofL---=--F--=-e-'=b---=-•----, 19--5L, Harrisonb11r 6 , Vjrgi nia at the hour of__ 3"'-':L..:O"'-'O"---"P'-' ..... ~""'[o.__ _____ of that day to give evidence in behalf of _ _:C..,_o,.,_m,!.il_'...,t'--'"hL__________________________ in the pending V. case of -~C~o=m~' ~t=h~--------------------------------- Avery Vernard Reed I 0-5 !-2m-Garrison _ _ �'E, al (') (I) 2 0 '< D oc k et N o. ~ C" :, g, 5' qQ 0 C. CT - ____ rl $l) $l) ~(I) Trial Justice Court 0 •➔, 0. F 8710 A -.!...=-'---=- Com'th ( V. ( Witness ( Avery Vernard Reed To Feb. r Subpoena S, ( .. 1952 at 3 PM.~ ~ ~ (I/ C u: ' 0 "' C !lJ I?-' �Docket No. ______ _ Memo for Clerk of T. Harrisonburg, Va.,_ __________ J. Court: Kindly summons the following as witnesses for the Commonwealth of Virginia Com'th V. _______________________________ Roy Lee Fix, Address of Witness Jr. 1Jarkview Apart. Mrs. Uary L. Phillips, Big 0tone Roy C. 0ullivan, Run, Va. Swift in the case of to appear in Trial Justice Cour,t on the Trial Date,_ _________________ Name of Witness 1950 1950: or Witness works for Charlottesville, or Where Witness can be Seen Va. Gap, va. By ____________________ Va. State Police Officer. _ ��TRIAL JUSTICE COURT Criminal Docket N«.> 8710 A Com'th ,,.pr., 1,3·~ '-Appearance date / - J .t - 6•.2. Cl."'• Trial Date ~- ~-S-- rro--i-/4 S-v 3 .♦ P./YI P.11 -s-:2-,, c:i-= �I '}!iJ.-/ ~ to Troeper Cravett J-fJ- / (!.. to Sheriff Albemarle Co '-}!J-/ to Chief Police Bi 6 .::itonf' ){) • I rc ta ,I~ &fl :f off: ),t}-, $~~ kl -le.. J(f~. ~, a � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Avery Vernard Reed Subject The topic of the resource Felony Manslaugher Description An account of the resource Defendant charged with felony manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1952 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_012 Reed https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_015_commonwealth-v-avril-lee-whetzel.pdf 03dd1179b1bfaa01cc4600d6c886efb9 PDF Text Text Commonwealth of Virginia, Rockingham County, To~wit: Bff;Jf REMEMBERED, that on the ___/ ~ ~-~ sme?i5'o ------ 19_-';f_i{ ----, pnnc,p~-;;:-----~------- iu,stified to "1,ufliciency, came b:/o,e me,-~-'-L-~---Z~~- --~- -~~------, and acknowledged r" -½_~L-----&~---, .. themselves to be indebted to the Commonwealth jJ ~/ ~- of the said county of Rockingham, (J. P. or Bail Commissioner) - (J --~~- f_ _________ _ ~C:i ____________ ---------~--Dollars,($~~-------- to be levied of their respective goods and chattels, Virginia rendered, of Virginia each in the sum --lands and tenements, and they each severally waived their homestead __ ), for the use of the Commonwealth exemption to their recognizance; yet upon .c;2wd this condition: ' That if the said~~--~-~------shall personally appear before the 9-. X •r:o:ri~t /_ Trial Justice's Courto f R oc k.mg h am S:,O.u, lfnr:y, at t h e C ourt h ouse o f sa1•cl C ounty, on t h e _____________ of ~--f~~-l!P ~--, ___~_ -~-~r=~f;:hP~ _____------~-------------------- and at such other time or times to which the proceedings may be continued any court or judge hereafter having or holding and there answer the Commonwealth of any proceedings in connection of Virginia concernin ___________________________________ whereof the sai ____ ' . d ay ------, or further heard, and before with the said charge, and then - ---------------------___ _ ______ ---P----stands charged, and be bound under said recognizance until the charge is finally disposed of or until it is declared void by order of a competent court, then the above recognizance shall be null and void; otherwise to remain in full force and effect. ~HEREOF, I hmunto affix my signatme this _____/_~------ ------------------'-----, 19fa?,b ay of ____________________ _ ��1-)20 QU\;., '\~l\~ ~\ COMMONWEALTH v. ) Felony (murder) ARVIL LEE WHETZEL at, I . I \96/ �34-2877 �DEPARTMENT Of' TRAYELER:l RICHMOND PUBLIC CHILDREX'a WELFARE BUREAU BUILDING 1203 19 EAST BROAD STREET RICHMOND 19 December 11, 1946 Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: Arvil Lee Whetzel Dear Mr. Switzer: This to acknowledge the receipt and the acceptance of the 00Dm1itment on the above named boy who was brought into Richmond yesterday and placed in our receiving home. Very truly yours, ~t',d~ {Mrs.) Susan E. Tabb Asst. Supervisor, Intake Division SET/lfw ��xxx.xxxxx:xx Decernber 19, 19A,.6 Roger Baldwin, ,.,sq. Arneric, ...n Civil Liberties 170 Fi.!'th Ave. Union \ New York 10, N. Y. l 01.1.r ~ J.t': our letr,er of December 16, r(jla.tive to the conviction of Arvil "ee ~ 'hetzel on r:.. churge of second degre~ murder 'Al'E:sL eceived, unu for your informu tion r aru enc108in, here~ith ~ Lopy of the cou~t orde. ·ihich :1 .ts out in deth1l the action of tl1e cou.rt. Yours very H. W. Bert .~ uly• emt Judge mb ~nc. CIE:l>K T v,J\l'l:H?VHE.l 1:SOBEIH. 2MI.L:S:EM 1n □ CE HOW H" M" BEM.USVl'I 9t:i'ii"'1nW Y..,,Vi::SCIE 80A\EH'8' ~ar.~111onpnr.fl• JJ!dlpJ:f~ 01tt.J fl{ }fnt~ )J:ft}JgJJJ(1!01U Ji M' EDG'Vli DEbn.LIEa ElbE \ �QU.erlt's @ff:iu C!tircuitC!tourtof Jocking4am <!LounfJl HON, H. W. BERTRAM JUDGE J. ROBERT 1£tarrisnnhurg, Birginia SWITZER DEPUTIES W. EDGAR MARGIE CLERK MARGARET . ~ .. , . T T SIPE BOWERS BRANUM �NAI'IONAL COMMITTEE LOUIS /\0AMIC THURMA!'.' l'~RN0LD BISHOP JAMES CHAMBERLAIN BAKER DR, HARRY ELMER BARNES PROP, EDWIN M. BORCHARD V },N WYCK BROOKS Da. HltNRY SalOBL CANBY WILLIAM fuNllY CHAMBERLIN JOHN M. COFFEE MOB.RIS L. COOKE PROF. GnoRGE COUNTS JOHN Dos PASSOS MELVYN DOUGLAS SHF.RWOOll EDDY l"HOMAS H. ELIOT DOROTHY CANFIIILD FISHl!ll Rav. HARRY EMERSON FosDICK KATE CRANB GARTZ DEAN CHRISTIAN GAUSS UCAN CHARLES GILKEY POWERS HAPGOOD EARL G. l:-IAnlsON MARVIN C. HARRISON CHARLES H. HOUSTON QUINCYHOWB DR. MORDECAI W. JOHNSON SABURO K.loo DR. JOHN A. LJPP PROP. HAR01.o D. LAsswllLL AGNl!S BROWN LEACH MAX LERNBR WILLIAM DllAPllR LEWIS ROBERT MORSS LOVETT PROP, ROBERT S. LYND ARCHIBALD MAcllilSH JOHN P. MARQUAND PROF, KIRTLEY F. MATH!!& BISHOP FRANCIS J. McCONNELi. CARBY MCWILLIAMS DR, ALIIXANDJIR MEIKLJIJOHN ll-r. Rnv. WALTER MITCHELL FELIX MORLEY CHARLES CLAYTON MORRISON A. MusTE BISHOP G. BROMLEY OXNAM )AMES G. PATTON )llNNINGS PllRRY PROP. MAx RADIN A. PHILIP RANDOLPH \XIJLL ROGERS, JR, ]OHN NEVIN SAYRE RT, Rnv, WILLIAM SCAIILBTI' JOSEPH SCHLOSSBERG PROP, VIDA D. SCUDDBR PROP, ODBLL SHBPARD ROBERT E. SHEllWOOD RABBI ABBA HILLEL SILVER PROP. CLARBNCE R. SKINNllR LILLIAN E. SMITH RAYMOND SWING OSWALD GARRISON VILLAIIO WILLIAM L. WHITE AuBRBY WILLIAMS L. HoLLINGSWORTH Wooo DR. WILLIAM LINDSAY Y ouNG AMERICAN CIVIL LIBERTIES UNION 170 Fifth Avenue • New York City (10) (at 22nd Street) GRamercy 7-4330 s. OPPICBRS PROF. EDWARD A. Ross Chair111an,National Commifltt REV, }OHN HAYNES HOLMES Chairman, Board of Directors PEARLS. BUCK DEAN LLOYD K. GARlllSON FRANK P. GRAHAM RT. REV. EDWARD L. PARSONS DR. MARY E. WOOLLEY B. W. HUEBSCH /1.aTHUll GARFlllLD HAYS TrttUMrtr N. BALDWIN Dirt<lor ROGER FREDERICK E. ROBIN Via-Chairmtn, National Commilltt MollllISL. ERNST Co•1111I CLIFFORD FORSTER. Assistant Director Staff Cormstl w. J. BOARD OF DIRECTORS ERNEST ANGIILL ALFRED M. BINGHAM HARRY LOlllN BINSSB PAUL F. BRISSENDEN DOROTHY DUNBAR l3ROMLllY Rnv. ALLAN KNIGHT CHALMBMS RICHARD S. CHILDS NORMAN COUSINS MoRIUSL. ERNST JOHN 11• FINERTY JAMES L\WRBNCE FLY OSMOND K. FRAENKliL WALTEll FRANK VAIIIAN FRY WALTER GELLHOllN ARTHUR GARFIIILD HAYS DOROTHY I. H!IJGHT Rliv. JOHN HAYNES HOLMES B. W. HUBBSCH DOllOTHY KENYON COllLISS LAMONT FLORINA l.ASKl!ll PllOF. EDUARD C. LINDEMAN THURGOOD MAftsHALL Hl!RBIIRT NoB.THllUP MERLYN S. PITZJILJI ELMIIR RICE WHll'NliY NORTH SIIYMOU& NORMAN THOMAS C. DICKIIRMAN WILLIAMS RAYMOND L. W1sa ~181 December 16, 1946. Judge H. w. Betram, Harrisonberg, Va., Dear Judge Betram: We note from the dispatches concerning an eleven year old boy convicted of second degree murder and sentenced to prison, that you would rule as to his treatment following the reported action of the State Department of Public Welfare in refusing to accept custody save under certain conditions. Wfeare ignorant of the provisions of the Virginia law relating to criminal responsibilities of children of this a.geJbut it would appear that the circumstances would justify the most careful disposition of so tragic but understandable an act. We would appreciate any information your associates may give us. Sincerely yours, ,~rJ~ RNB.T I -- you or �• . ... .• �;mu.lA V llJJH Ol I 006 .l:J!OS ~--- Judge H. Vi. Bet ram., Harrisonberg, Va., \JOllVlS 3~vnos NOSIO\fv-1 �r1c 10, . Y. �l} I. /, J Commonwealth v. Arvil Lee Whetzel This day came the attorney and the d-e-fenuant, to his said recognizance Arvil Lee Whetzel, heretofore Lee Whetzel the court ginia, Arvil in accordance set out, by writing the court and being guilty set the-·-fmid Arvil agreed thereupon, all doth find in the State the prisoner should if not pronounce ~~ alfeged--.4 - court zel ~-e~"'- that ~e,e. c r incident Arvil by jury and for the evidence, guilty the the of murder in at seven and one- ._......,._..,._ • l , it of , 4 de-;, 1 L, of£0P8'.i, ff&"';,£. 1 pn him, -m;wt-natb{ng beir~ • ,,, ~ 1 • ect16n ,_., /~ prosecution, -c,.,,1 9:J;~ of< he Lee Whetzel '" r , . to this ~ ,<,~ prav~s1J- s 9f said '1.nd 'And it being inquired I he had or knew o say why~the court ., .J the case without punishment ~ ~ ' is therefor~ considered by the H. iJ ( .-.,.,. iJ the commonwealth recover of the said Arvil Lee WhetAA,,... the costs I. ✓ to the court; heard cp.mm.itted ~o _the 9,~at~ Board of Public .,,,,t aforesaid; Lee Whetzel sentence ,,_( • pleaded Penitentiary. anything "~"·✓.,,(,, this ' of the attorney and having his in the , ,. . arraigned, of law and fact and doth fix the before to hear ,{I thereof the said Arvil the second degree years proceeded to hear and determine of a jury, day siged on the charge with the consent proceeded the intervention half this out in the warrant matters the court, commonwealth, court and thereupon, Lee Whe-tze1 n:a-ving waived trial to submit purs~uant 4866 of the Code of Vir- or presentment case on the warrant; to the charge into; with Section ~hePoapef:l!T the commonwealth, came in person entered having, waived indictment warrant for , and that Welfare • ~ 'l't P)arsuant ~ e pf ,Yirginia, is placed he be ' ; to Uae 1-hu~ t,... i ·; ~ And the 1 in the custody of the Sheriff the State Board of he can be delivered to xmcmfihex~x:tu of this County until Public Welfare. ttxx2xbld~2Nti~x~JOCXlmllllIR!iJcamocx«m:&l[2Jei:i ��6 Arrest Warrant The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, Sam H. Callender, Sheriff made complaint and information on oath before me, of the said County, on the.___ that __ 8_t_h ___ feloniously and dignity Rockingham c. K. County of said County, has this day Moore, J.uveoile Judge T. J. or J.P. Justice and Trial __AA .... r.._v_._.._i_l'-'"'L"--'e.,_,e..._WJLl,,,lh..,_e.__.t,_,.zweoLl...__ ____________________ day of ____ N_o_v_•~---' 19 46, in the said County, did unlawfully kill and murder one Patricia Ann Strawderman, against of the commonwealth of Virginia _ and the peace I These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ___________________ _ Arvil Lee Whetzel __________________ to answer the said complaint and to be further dealt with according to law. 12th Given under my hand this Memo. of Commonwealth day of Witnesses: Address ,~-~~...--,..-,.---c_,_~_,:- 11,,C..1--'4t:1"'~7~ ~~ -~~~~~~~~~d~~~~~ '3/'. ----,,;;,..c;,,.._-__;_ __ ~_~_---~ ;i,ITJL~r ~t: �l: () ::,-' 0 ;:;· 3 0 ..... ::,-' 3 g.. 0;:, JUDGEMENT ro -< l: ro e.. ,.., Trial Justice Court ::,-' Criminal Docket No. C-1663 Commonwealth vs. Arvil { Arrest Warrant Lee Whetzel Exec~ted the within warrant by arresting and delivering the body of Arvil Lee Whetzel ~fun~----- :-l ., .,.... :, Fine - $...................... . 0... Issuing Justice's Fee $ .../,. ..o..o... ,.., Clerk's Fee - Trial Justice Fee /,S't> f-, Arrest and - /s.o ileage Summoning Witness o' .... ::,-' ro $~.< () $......~..c?.J?.. .. :, ~ 0 .: 4112... 0 $ .. ,_. ~ $ ....................... . Witness Attendance and Mileage $. ·················· Commonwealth's $.. Attorney u~.__..,, Jail Fees - - - - _________ Total $.........•.. ~o $ ...................... . - $..l.~.3S' Officer's Mileage Miles travelled by officer Miles carried prisoner Total mileage ...... �COMMONWEALTH vs._Clrl/L~_____,,.V7£~----~--=-c,=--~'--------'---=-.,,"-""-h,le.. DESCRIPTION Last known address __Color_ __yY!___ -J:~~ Heighcf.l Jk_ n -~ .....E.......-:_ OF PRISONER -_jg/:_(_ ------ Eyes __l ____ ____ -~fz _--~~--~~-bl_:~~ Hair__ ___________ ------ Weight__J_(d ______ Marks __________L(t-¥------------------------------------------------------------------------------------ Date d£f ___~- _Lj_ _~ _A_J~~~~- ___________ _ of Trial ________ J._)_t;:J.j_H_.b_ _________________________________________________________ _ Age _____J__ Q_ _________ Result ____7 Occupation _______ <..,~ !lvr-l------------------------------------------------------------------------------- �F �SHEFFIELDHOTEL Sheffield, . Alabama f 7ft / . dff /_~~/4,q t/1' y)..--fy . .,vv ~' • , 4 ��Trial Justice J. D.R. Court Docket No. Com'th vs. Arvil A. W. Bailed Trial Lee Whetzel Arraigned //-/ to/T~il9:~.it~;i_, 11-14-46 Waived preliminary hearing and is held for the action of the Grand Jury. 2 - ~t, ~f-'M �� 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 Avril Lee Whetzel 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 1946 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_014_015 Whetzel https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_009_commonwealth-v-benjamin-franklin-cubbage-jr-.pdf 8c98d0c32a294c8105cc9117eb983843 PDF Text Text n c£ffYC ~- ~ d_. {; V- Docket /VCJV :LI, 962 /9~2-- 66 ~ NodtJ~J. COMMONWEALTH of VIRGINIA ~· ( ~ VS. Indictment J Felony (murder) / ) rR,c_ .if' ~/4 Ci.A,\_ BENJAMIN FRANKLIN CUBBAGE, JR. t.l~). l J. L. Lucas, Lyray, Va. Own cvvl· ~~ (x ) 1 Oct. 15. Return Appointed ( of Grand Jury. Oct. 15. Accused arraigned Set for Nov. 21. Nov. 21. ~d. ) 11/33 and plea n.g. llj.J t/ Jury impanelled, etc., and verdict of acquittal returned. 11/51 CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. I• �,. -< ... 0 7< (II z z "' z"' _o :< .... " ,, n .. 0 <JI ~ r .. ► ~ ,, ~ �COUNTY COURT Criminal Docket , N~ 39236 Commonwealth V. BErJ UN FRANKLIN CUBRAG Defendant Appearance Date 7-30-62 Trial Date 8-28-62 A ���-1- ..... + ��(?qn_?A( ~;( C #<!' "1 t �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon r_'1.liggtE3 .. .B..rq~_,J1.:r.~~ Edward Turner, and Dr. W. H. Nicholson .................................................................................................... ··········· to appear before the Judge County, Greeting: of the Circuit ,.................................................................................................... Court of Rockingham o'clock, a. m., on the2.~~~. day of .. .r-J°C>,V.~~l:>~r,. ............., 19 the Defendant in the prosecution of the Commonwealth .PE3JJ.~ ..W.i.::L.:tJ ~m~., .....C\lJ'.:i::'.Y ...W.i.l.lJ.~ms, ,..______ County, at the Court House thereof, ~?.,to . at 9 :30 testify and the trnth to say in behalf of against .... B..~~.J .~!11~.I?: ...F..r..~l:r+ ~.I?: ...9'1~ :t?. E:lg~..'-....J..:r.. •..................................................................................................... .. who stands charged with and indicted for a felony In witness whereof I hereunto ~~~~ set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the:1:.5.:t.P:.day of.. .N<?.Y~IllP.E3J'.t ... .............. , 19.9.~, County, Va., and in thel8.7.tb.. .... year ~utp.-W. ~~ .....................................................•............................. of the Commonwealth. 2.00 , Clerk �..... ....................... . ,.. (}.:.✓-.t!:.~,f' «... D. S .:,. ..., I ..... ?r.. J . /)~~ ~ ( s... �In the Name of the Commonwiealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Dr. ------ ---- - - - - G. G. Tanner - - - - - -- - ---- - - - - - -- - - - - - - Grottoes, - --- -- . - - - - - - - -- - -- - -- --- - -- - .- - - Va. - - - - -- - - - - - - - -- --- . - . - - -- - - - - - -- - - to appear before the Judge of the Circuit Court of Rockingham - .- - -- - - -- - -. - - --- - - - - - .. - - - --- - - .- - -- - - - - - -- -- -- - - - - - - -- - - --- -. - - - - - . - - - - - - - -· County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..~1-.~.; day of .~9-Y.~!'!!~.~E. ............ , 19...§.?.,to testify and the truth to say in behalf of the Commonwealth ~e-t~Q. -Gl-asd-J1+r~, against .............................................................................................................. . ...................................................................... Ben j_arnin ...Frankl in ...Cubbage , .. J.r .•................................................. who stands charged with and indicted for a felony ntisaeraoo+1.el": - And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..~.?..;~of ........~9-Y.~~~.~??...................... , 19..§.?..,and in the .....J~} of the Commonwealth. ar ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon-----------·-······-·----··-····--·-·-···--·-······-····--····---·····················--···-··----···-··--········--········· -·-·-·Bar?.~E~--~.~-·-~ub bage ___ .-.._Route._# 2 , ...E 1k ton···-·········-···-······-··•·······-··-··-·····-·········-·-···-····· ····-······-··--·---· ·- --- Phyllis -- Cubbage - Route #2, Elkton --- --· ---------------------------------------· ---------------------------------------------------------------------·······--------·---------- -- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth 21-st_ day -- County, at the Court House thereof, at 9:30 of No.v..em.be_r__·-·-·-----·• 19 __.6_2_,to testify and the truth to say in behalf of the Befa-re-tfie -Graftd. ..Jttey'; against ·--·-----·-·--·---·-·--····-·-·-·······--·----···-·--·····-·-········-··--·----··-····--···--····---·--·----··· ---·-·--------·•··-··--·--·-·-····-··--·········--···--··-···--·--·--·-Beni arnin ..Fr an.kl in ...Cubbage -,...Jr.············-··········-·····---··---···--···-·· who stands charged with and indicted for a felony rnistienteat16P..And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham Coenty and the City of Harrison- burg, Virginia, at the Court House, the __ !.~_1::-~ of --··---_r:-i:~_y~-~~~-!·-·····-·--···-···-···• 19__ ~?._, and in the ·--·•J.~_?. ar of the Commonwealth. �c:: "Y (")t: T -- ' •. • . I t--'c. ~'-- -I&~--- By c...1.--,;,.,... ~ - /: • ~~~ =: . - c~.~---:-:--:- r;~---,,,,..._C~ 1,,i T • • • "'p . . . . . . D. S. R. . f',- -lJ.--.-")//:;:.e,-~ I~ ', fC - 'J'-JT) C A E �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon--------------------------------------------------------------------------------------------------------------------------··- ______ g__. ____ ~__. ____ W~1_S:<?X -----------------------------------------------------------··-----------------------------------------------------------------------·· --------------------· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the~~-~~---- day of -----~~_Y.~~~~-t _______ , 19 __§_~-, to testify and the truth to say in behalf of the Commonwealth haf9i:e-th~ -Gr,aas .Jw..F-y,, against -------------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------Banj_amin ___ Fr anklin ___ Cubbage, _Jr_. _________________________________________ _ who stands charged with and indicted for a felony ffltsttem.eant>P.And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the __ ~~-~~ of ----~~?~-~?.:_~-------------------------, 19-~-~--, and in the ---~-~_?_~_\ear of the Commonwealth. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........... ...OhJ.e.f D.~~.Q.S. LE..l.~t..OP., ....V.a.!t.J .............................................. . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on County, at the Court House thereof, at 9 :30 the?.'.ls.t. day of .........N9.Y.~m1:>.~~, ................ , 19. 6.2,to the Defendant in the prosecution of the Commonwealth testify and the tmth to say in behalf of against ........................................................ :8. ~.I'.!: J.~~!1...F.'. ~ ~~~~ .~!1 ...9.ii.1).1?.Ei.g.El .L ...r. :':" .•............................. '......................................... ' who stands charged with and indicted for a felony tK.~~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, theJ9J11. ..day of .......~.C>:V..e.Illt,~.:r..1... .. ... ...... , 19 .€>.?., and in the.l.f3.7.:t.P......year of the Commonwealth. �lliwlck. //- L:P - 6 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ..... ......O.P:i .....f You are hereby commanded to summon to appear before the Judge of the Circuit P.~f3.4.~ (~J.Jrt.9.:P.a ...V.a.•J .............................................. . Court of Rockingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on the?l.-f3.1;day of.. .. .Jl.C?:V:.~ITll:>~l:'a ..............., 19 ..6~,to testify and the trnth to say in behalf of the Defendant in the prosecution ........................................................ of the Commonwealth ~~.~.J.a..~r.>: ... ~.tEl.1:1.l!~;~ ..9.'1.~.~·~·~·~·~····J'·!'·~···································· ..................................... . who stands charged with and indicted for a felony In witness whereof I hereunto against ~ set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the.l:-9..~:h.-.day of .......~Y.~ 111 .l:i.~.r..L.............. , 19..6..?, and in the.'.l.~.7.~!1-.....year of the Commonwealth. �......... .. a~J4.U/~ .. . �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~-p..... You are hereby commanded to summon to appear before the Judge of the Circuit o'clock, a. m., on the?l.S.:t.day the Defendant .E.d.g,:i:r, J1a.I'_1;:1.J:l {Fia..I',r.t~_()J:1)::>_\l_I'g_, ...Y.~.~J ................................. . Court of Rockingham of the Commonwealth who stands charged with and indicted for a felony In witness whereof I hereunto at the Court House thereof, at 9 :30 , 19 6? , to testify and the trnth to say in behalf of of in the prosecution County, against 1~~ set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the :l.,,51:;,l:ldayoL ............ N9.Y.E'l:IT.l.l:>.E3_I'_,. ..... , 19t>.?. , and in the ..J$.7:t.l'l: ..year of the Commonwealth. / ~ 4"L4'- ....... .. ;K--' �~~ ~~ ~ ,/V _/ '. . . · ......... • ot flndms{':-~---.4' •• _ <.7.;Y •• • place of abod::,~._ . . ,,. ... dl ~~-· .... ~?·_••,j._/'~ ~~. tr e copy o,l • Z . .... /. ~~/- : • • • • • • • • I at his usual bvcle'1v~rin 'q~ a ·A".~· Z-d _ ·····/'/4"-t.... . • '' • • • • • • r .' :~z·~~~-:::::·~y ...... �In the Name of the Commonwealth of Virginia: ~~g~--~ To the Sheriff of ~ County, Greeting: You are hereby commanded to summon . J •. W• Batman (S:ttE9.:0..l:IA<J.q.a.:h.., ...Vf...r..gJ:rii~LL ...................... . .H.•.... Frank ...Al.e.s.:P.1.:r.e. ..JS.t.@.l.e.Y., ....V.;1,;r.g_ttli.~).; ...~P..ci ..R. P. Good...C~.ri.e.:n..@.~~.a..ri., ....YJ.r..gJ:ri.i..a) ; to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on thg:1..f:l:t..day of .... ?:J<:>y_~~P..13:t'.t... ......... .... , 19 .€.>.?-, to testify and the trnth to say in behalf of the Defendant in the prosecution of the Commonwealth against ..:l:}.e.p.j_~f...~ ..Yr.@1.(1.J ..ll: ...9':ll?.:b.~s.~., ...}":r..~..~ ..................................................................................................................... . who stands charged with and indicted for a felony ~.:;c In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, theJ?:t.ll: of the Commonwealth. (" County, Va., 1:~7.~ll: ....year day of ............. .....N()Y.~Ill't>.6.:r'L..., 19. ~.?,and in the .. ��COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said Benjamin Franklin October Term, 1962 County, Cubbage, Jr., upon their Virginia, murder one Everett against Williams, now attending oaths feloniously the present on the 29th day of July, in the County of Rockingham, in that 1962, did kill the peace and dignity and of the Commonwealth of Virginia. Upon the evidence witness evidence. sworn in open court of Deputy Sheriff and sent G. M. Wilcox, to the Grand Jury to give �murder Attorney Foreman A TRUE BILL COMMONWEALTH V. CUBBAGE James R. Sipe Commonwealth's ... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Deputy Sheriff G. M. Wilcox ----------------------------------------------------------------------------------------------------·---------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the J.~.t.h. day of ...9~:t;gJ?.~.-;:............. , 19..9.f.,to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against .............................................................................................................. . ................................................... Benj_amin ...Frankl in ...cub bage.L Jr •.................................................................... who stands charged with QJlG-~9<:1-i-Or a felony mi.s4iW1H1a.11Qi:.. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..9-.tJL. of ...............9.~.t.gJ?.g~·················,19.9.2 .., and in thel-.~}J;t ... year of the Commonwealth. �~~~ f=C i ROCK! '(: ~T '::: CO~Y T jl ~y l Au ' -..,I 11~. •,:·rr:c,LJNTYOf ' 1":LI - l\lG A Tl?_UE ~ ~~........ . .•••••• �Comp. Form 18-A STATE OF VIRGUS~ COUNTY OF __ ¥ e.kj TO ANY SHERIFF l • I\/ 6- Hit N') No _____ To-Wit: _ OR POLICE OFFICER: \Vhereas, I_V_A_N __ D_. _L_O_K_E_R _____ has this day made complaint and information on oath before me, ____ _ (Name) ______ J_U_S_T_I_C_E_O_F_T_H_E_P_E_A_C_E __ of the said County, tha~------------CTit1•> , 'C.>EN:fltNUN did on the_~day D,D K✓lL T-1/E r:pclie.E of . FRA1111Kl1,{CvFIBltt:..Ej .Jf, ;r -1..l.& Y Ati~ ttNZ> D,G,11-ry ({)rv£ , 19 "~ Unlawfully . U_e-J2t:TT oF 7/lc in the said .county AND _£_~KJQUSi,u ' • I' ttl1.kt11tMsJ (;O/YJIYJ~/JIIJ/r.,;.lT/1 86-A1N$z Dr //;lfi✓Al;.1-) These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the uody (b~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address □ color Address □ color Address □ color Address □ color Address □ as witnesses. Given under my hand and seal, this~day of__ ~--~~· ...... ""-·~L=~-+-· --.,,.--c---,_ ( Title of Issuing Officer) JUSTICE OF THE PEACE 1;~: �City Harrisonburg STATE OF VIRGINIA---XXJClSTTYOF------~=------------------, to-wit:City John G• Leake ~ I, a J Justice of the Peace t in and for the ~ty aforesaid, State of Virginia, do certify Benjamin Franklin Cubbage, Jr. that Ben Cubb- ge y , have this day each acknowledged themselves indebted and -----------'=---------.,..,..,..,.,....,.-.,,,..,.,-,..,.,.,...,...,,,AS his surer 1'J.V.I!; lhUU:SAl\a:,------------------------------------------Dollars to the Commonwealth of Virginia in the sum of ( $__ 5_0_00_._0_0 ___ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to be rendered, yet upon this condition: That the said Benjamin of Rockingham Franklin Cubbage,Jr. County, on the 28th shall appear before the day of August at 2 P M., at Harrisonburg , Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; ~t County Court 19_, the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that the said -------------------shall keep the peace and be of good behavior for a period o,,.___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ---'3"-0_t_h __ day of days ~ ~ July 4JBlp. J.P. ----- ~ ~ ~f;! ~ ~~ 1-1) ' ~ C. • l"' ::r R;'§ '-0 '11 s· c1 g_ "' c1 g_ () 0 ~ 3 30 p ~ !l ;: > § ,., p '< "' C 3 8 0 ~ • I-'· C/l I-' p.. ~ s ._ ~ p "., 0.. p ,., "' () ;i,:: I; HJ z..; () 0 ~ ~ '11 g. ~ > ..; ~ ::x: ~'o 'i ~ p., o' 0 9 z ~ en I-'· ..; z 0 ~ (!) trl 0 (!) ~~en (!) ~ p t1 0 ~ > I-'· ::r (') (1) ~ ~ c:t-C/l ~ Oil :,: p.. :::s I-'• p.. :::i :::s (') ~ sfl (1) (') p., c+ o' I-'• I-' I-' p § o' i C/l '11 s· 1-1) :::s (1) i.i ::r I-'· ~.. en (1) " ~ () 0 p.. (1) c+ ... \ 'i 2'§()Q :::s I-' c:.::: ~ ... ... 0 p.. 5'g, 'i • -- ::r (!)::r ::r (!) (!) 'i p., ~ ~ ~ 0 0 < (!) ~ ~ I-'• :::i c+ i:: (1) ~ c+c+ 1-3 0 (1) ~'~ ~ ~ ~~ O \ ~ c1 g_ ~ "' "' ., () ... ;,;- ~ " ! > ... ... !! "' tll ~ :;I E ~ ., ,., .,... a C p 0.. ,., "' '& p e. 0.. .,0.. '< ~ ~ g, .,,., 5 g;, <: ::;· 8 ~- 'O 'O ., .... s· s· __;;;· 0 l)Q ~ ~ O" .... 0 "' [ ... 0.. g. "' "' ..; ::r .... "' () 0 ~o. g_ 0 ~~ en ..; en C ti 0 p :::; C ~ :;· g. "' s ~ ...... \D V'\ l s· ~- () 0 ~ "- ~ l)Q () 0 ~ fl ~ ,., a. "'"'... ,., "' 0 l)Q C p 9 0.. "' p ;::;· 6~ �//-r2;-t;2_ ��COMMONWEALTH v. CUBBAGE CHARGETO JURY If you find Jr., guilty the accused, of voluntary indictment, you will manslaughter, as charged for not less Cubbage, in the say so and fix his punishment ment in the penitentiary five Benjamin Franklin at confine- than one nor more than years. If you find him not guilty but find him guilty charged of involuntary in the indictment, ment at confinement years, not exceeding One Thousand Dollars for a period or, in your discretion, than one by a fine ($1,000.00), or by confine- one year, the accused guilty but find him guilty say so and fix his punishment for a period or by both not exceeding twelve Five Hundred Dollars of either of assault and battery, by confinement months, ($500.00), of or by a fine in jail not or by both such fine and imprisonment. If you find him not guilty, more. of and imprisonment. the above felonies, exceeding as further for not less not exceeding If you do not find you will manslaughter, say so and fix his punish- in the penitentiary five such fine manslaughter you will nor more than ment in jail of voluntary you will say so and no �. r .. l, . •• I ) �v. CUBBAGE STRUCTIO_.___ Court instruct• sudd killin i killing a eelf•defens rovo ation, slaught r I b f.a I th t rou b bim or don ity 1 jury th t wb re de th udd rr 1 1 without d 1n ord r to Ju tify in th cuted t law ul f pr ervia ily hr, JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. o or to v h 1 lif 1 c r excu of th u t prove that b kill round to b 1 v th t the killing hi erci us r th I such ht of d th d ceas or t ther n cs ry to pr ily ha • rve �3"118 .:R a3MAl. WA.J .AV TA Y3H!IOTTA .;,11uai,,oa11111AH �COMMONWEALTH v. CUBBAGE INSTRUCTION The Court instructs slaughter another is the intentional without engendered malice, or brought Involuntary killing of another prosecution I the jury killing that of sudden passion about by reasonable by the accused of some unlawful man- of one human being by in the heat manslaughter voluntary provocation. is the unintentional while wrongful engaged in the act. ��INSTRUCTION NO. The Court every person charged Commonwealth so clear, of the has and jury presumption or guilt is guilt has precise more presumption him. the entire been that to and than beyond terms as still his all is his the in goes with at every this the innocence; applies, and stage that the testimony, until doubt the the may be for reasonable minds connection, sufficient of ln the This conjecture, charged so strong, guilt. applies never or until left and And in is law presumes by evidence preponderance prabable innocence as theory by the proved it the be innocent there by proof. speculative narrow of case that guilt that an abiding instructed that and his so conclusive, repelled upon gmilty; established to presumption, until accused, crime is thereof is with jury doubt through jury the no reasonable accused the instructs his in indictment, they h~s must the the acquit �_v u ) J J �INSTRUCTIONNO. The Court to constitute instructs the offense reasonable doubt, out of the acquit; that every reasonable only with liberty the guilt interpretation if that every there as to any such fact, that is which incriminates cannot him. doubt, they shall and be consistent the jury equally one of which is oonsistent they a must be to exclude of innocence, and where a fact necessary beyond is a reasonable ~f the accused; of the accused, fact must be proven of the evidence hypothesis to guess, innocence evidence, the result two interpretations, charged and that arising the jury arbitrarily is not at susceptible with of the adopt that �V l J - �COMMONWEALTH v. CUBBAGE INSTRUCTION In considering burden of proving Court instructs able 11 nor its reason, whether the guilt the jury and is not to be confused imaginable, conceivable In passing must limit of this case, therefrom. its concerning fact, immaterial and rmessential a reasonable your minds are left from reaching a convinced Commonwealth has failed If, sideration viction reasonable of all the evidence of the truth doubt. of the accused of the charge, presented of the guilt after at the trial inferences to be drawn to create doubt, nor of guilt. any doubt arising or from questionable fact and not a mere doubt consideration of all of the of doubt as to prevent of the accused, you then the burden. an impartial in the case, of the charge, the circumstances. in such a state to meet its on the otherhlnd, for beyond every in mind that testimony and honest belief reason- doubt, should be a doubt of a material of the guilt after inferences should bear to the proof If, evidence, to find from conflicting of any particular essential and reasonable go beyond such evidence the jury from lack of evidence, or possible of the proof to the evidence the natural Furthermore, the doubt. consideration cannot 11 the word a man must be proved guilty can you go beyond such evidence proof with imaginable upon the sufficiency The jury doubt, doubt is a doubt which is founded on or possible including beyond reasonable you should not overlook A reasonable the law does not say that jury or not the Commonwealth has met its of the accused that meaning. f and reasonable you have an abiding you are then satisfied concon- beyond all ��INSTRUCTIONNO. The Court in this case evidence of instructs shall the guilt not the jury be considered of the accused. r that by the the indictment jury as any �..L )l ..:SJ - (_. �INSTRUCTIONNO. If the jury believe from the evidence in this case in this case that the the fact assault the of actions that of the he was assaulted was made with accused life accused believed or great ground, his adversary, prevent his necessary display himself to bound repel to force the jury taken the life of harm upon him, but only the but believe the the decedent the accused would need deceased or right and that of to be, kill is would, to not in great r~,~~i~ was~unde~ loss stand or it inflicted do so. the the own life, injury; accused, that his that danger the if from violence case, had of bodily or that and, loss and imminent in force, great the that with force be in then, resulted deceased of retreat, prevent have apprehension harm; to receiving that by the such bodily was not his accused an fact, bodily �l ..J 0 '-- (_ (_ J t t .__ 1 l t u ..., :::, .., 1 t J ) t .l ) '- (_ " l u )J_ ,J ~- J ' '-- l .., "\ �COMMONWEALTH v. CUBBAGE INSTRUCTION The Court instructs whether into or not the deceased consideration whether the jury ) that was the aggressor the reputation he was a dangerous 1 in determining they may take of the deceased and violent man. as to ��COMMONWEALTH v. CUBBAGE 6 INSTRUCTION The Court instructs the jury that on a sudden provocation, or sudden quarrel, killing is manslaughter, and in order killing as being self-defense, done in the lawful the accused through the necessity himself from great ground to believe his own lie bodily that exercise his harm, or that the killing or to save himself without to justify must prove that of preserving where death the or excuse such of the right own life of the deceased or to save was reasonable was necessary from great malice, he killed there ensues bodily to preserve harm. ��COMMONWEALTH v. CUBBAGE INSTRUCTION The Court instructs good reputation jury of the accused along with other the guilt or innocence ;14 evidence 7 the jury that evidence may be considered in the case of the accused. of the by the in determining ��COMMONWEALTH v. CUBBAGE. INSTRUCTION / {) The Court instructs the jury that kHyt'Jt?,; re~ ✓t,nQ..6le. ct:,r,,..1,-1-from the evidence~that the accused assaulted than in the exercise of self-defense, if they believe the deceased otherwise bd,cve /J-6m 4 eY, <Ie'?c. e.and further~that the m!)_I,./- h111,-creaJ6f;?t;61_y deathAresulted jury should from some cause find the accused other guilty than the assault, of assault then the and battery. �J �COMMONWEALTH v. CUBBAGE INSTRUCTION// The Court instructs witnesses is a question appearance fying, their exclusively of the witnesses the reasonableness apparent candor the jury on the stand, and consistency and fairness, their the opportunity know whereof they speak, the relationship the parties, if any, the interest of the trial, if any appear, circumstances appearing is the relative accordingly. weight their of and from the manner of testi- of their testimony, apparent intelligence of the witnesses to of the witnesses of the witness and from all on the trial, which witnesses the credibility for the jury; or lack of intelligence, to determine that other the jury in the result surrounding has the right are more worthy of credit of any such testimony to and what and to give credit �� 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 Benjamin Franklin Cubbage, Jr. Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_009 Cubbage https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_010_commonwealth-v-benjamin-franklin-cubbage-jr-.pdf 03d28cd9012a5f6746eff987797c984f PDF Text Text v. CUB E -- INS'fRUCTION The Court instructs h t into r JAMES ATI'"ORNEY R. SIPE AT HARRISONBURG, LAW VA. r n t th coo id r ti wh th r jury s a gre sort th r put ti erou of th viol t inin th t in d t y y t ae to • �V b :t u WA.J TA Y::OUlOTTA ,AV ,ORUBl-tOelflRAH �v. CUBB E th jury INSTRUCTIO The Court instructs witn a is a u tion r pp c their th know wher of thy parti , if of the trial, circ is th ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. th peak, th whic jury; fr of th d, th ir man r of te ti• opportunity r 1 tionship t ony, t of the witn a es to of the witne • s to t of the witn s y ppear, ibility a, th ir apparent int lligence in tb r ult d from all other surrounding ppe ring on the tri rel tiv ccordingly, nc, st er co ai t ncy of their y, the intere if tance to d termin JAMES sand appar nt candor and f irn or 1 ck of intelli th xcluaiv ly for th of th fying, the r a o bl n th t th r 1, the jury ha r th right worthy of er dit and wh t ight of any uch t atimony and to giv credit �j J:J: :f • a ... C .I: j 391a WA.J .AV .ff 23MAl.. TA Y311ffOTTA ,a,iua11021,i,iAH �v. CUB AGE h th r or not th STRUCTION I coneid ring uilt Court th i Ar d w In p ssing d t8 tion to oo r fr proof of any particular c ury fr eonflictin act, If, aft r ce your ind If, on th siderati viction of 11 the truth of th doubt. ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. t tit c in th • or ccu circ ri terial and not a fact r doubt tanc s. of 11 of the t t of doubt as to pr v uilt of th t you accused, tb n tb burden. rtial cs• ing y or t of th oth rhmd, aft r vid o 1 rawn y doubt 11 f of th f 11 d to C ri of gilt. 1 ft in such a c nv c fr JAMES ar th euc s to b d hon t consideration abl doubt, for C ess ntial reas so able hould guilt found don t hould b a doubt of to the proof of th on• h proof o t e c re, to fin t trial or po sibl 1 o eyon yon such vid word "r V natur 1 and r incl vid ncy of th doubt, th doubt which i in 1 uffici tits yond r a onabl doubt i onabl not to 1· it ccu d on alth jury that you should not ov rloo ing. reaso • of th C d r 1 con- 8 you hav charge, you a e th n atisfied con• by d all �- I I :t :, .. l.t .[ "l' :J' • 3918 .fl 8'.3MAI. WA~l TA Y!IHROTTA .AV ,aRUBl'IO<!lRRAH �v. CUBBAGE INSTRUCT! Th Court instructs audd n provocati illin 1 killing in , or the jury th t wher d th udd rrel, f nse, th lf•d ust prov far (2) Th th kill erv:l.ng hi o or that th r ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. d th life w ary t great bodily h JAMES th ~ 1 ught r, and in ord r to,..,red ~or the mort 1 woun wa was nece without n ue on iven, be decl he cold with a fety; d cea -d thr uh th or to av himself fr n ces ity of pregreat bodily h rm, re sonable ground to b lieve th t th pr serv • hi o lif s, or to killing av him lf fr �) 3"'118 .ff e3MAL WA.J .AV TA Y31'1>IOTTA ,.>SlU8H02llUiAH �v. CUBBAGE INSTRUCTIO.__ Th Court in truct sl ughter i t another w thout Invol accident JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. lice, of so roper p jury that volu try killin in the e of one human bein o· sudden a tary manslau hter i lly, contr ry to th prosecution th int ntional th tention the illin of th an~ b ion of one p rties, n the unlawful, but not felonio s, act; or, in ce of a l ful t. �1 0 .[.[ YvAJ TA Y3HflOTTA AV ,ORUBMOi!lffAAH �I STRUCTIO NO. The Court instructs in this evidence case shall not of the guilt the jury e co sidered of the accuse. that the i dictment by the jury as any �.Oit tfOITOU rl 1 e rlj ut j rlj dj d ,C1U ~ j blc oo u~J-nl ~ ~ j n L ~UOv .... rt:t n.t V' �INSTRUCTIONNO. If the jury believe from the evidence~·- ......~~ een.- 14m:l a•t that the actions the fact assault that of the accused he was assaulted elieved himself or great accused was not bound to retreat, repel his adversary, his necessary have taken harm; then, force receiving that the jury the life the loss great apprehension that odily believe the decedent in that or violence that danger of loss case, and, f ee of his on injury; the e, kill or to is not would, or inflicted the accused to stand life, and it the deceased of the accused, harm u on him, but only that the ut had the right with force, to prevent of force from and that to be in imminent of life his ground, bodily case resulted by the deceased wa.s made with such display the accused prevent in this in fact, great ,as under an would do so. bodily �lv velI dj rfj' j j' n j ... ~j ~ j" j u ri r l ( j 111 j \;';Il t. 0 1 j_w t j t. . 1 :t fl 0 If r. t. .. t. 1 I ..,1 l~ ! t ;_ .[ r;t 0 ;:t I! j e t l 'J j lI .c!J ..J. 0 l11lJ -+a v~ r 'I I r{j ...i:.!) J 0 t w j J • EH �L STRUCTIO The ourt to constitute reasonable instructs the offense doubt, the jury charged and that out of the evidence, acquit; that every reasonable liberty to guess, two interpretations, innocence is a reasona as to any such fact, must of innocence, of' the accused; and where a fact that necessary him. le doubt, they shall e to exclud the Jury is not at is equally they cannot which incriminates fact and be co sistent one of which is consistent of the accused, interpretation every must be proven beyond a of the evidence hyoothesis only with the guilt that f there arising the result· HO. arbitrarily susceptible of with the adopt that �'m 'l �INSTRUCTIONNO. The Court instructs accused to be innoc reasonable doubt, the ju nt until and if doubt makes it duty to acquit their probability of his to convict, nor is it preponderance indictment, prove guilt, with sufficient trong, if supports the evidence, eyon the a of the jury of the accused, however there guilty him, and that but to warr nt his that the law presume is u on the mind of the guilt of evidence so clearly consistent he is proven ther any reasonable that the law mere suspicion or is not sufficient the greater eight or the cha ge in the conviction, is no reasonable his guilt must be theory, upon which he can be innocent. �. 11 10ITOUHT" I ,1 ut '(l('ij rfj d CI .ut .r. u rf .t :h:u ll"I:J nu I ! O'l :t j o nl t j' 'l n dJJ j n 0 j It ;{ 0 j .L ;:t Itc 111 I '! < 4-') ._,,.vr [ t :t 'l V .... . 'v .... j 0 '! ff 1J ~n rfj vJ ::> .I.'l ... ,J r 1- l d°Il �v. CUB AGE CHARGETO J If you find the guilty Jr., of vol indic 1 ugbter try th p it for tiary in B nj • will say so an tin iv CCU Y klin punia • th th t t C fin • one nor y ars, If y u find him not guilty f volunt laught r, ry ut f furth in th indictm t co fin t nor mor b not ing xc tin for ATTORNEY R. SIPE AT HARRISONBURG. LAW VA. bit for uot lee ay o p riod d t ix puni h• one th by a fin of ($1,000.00), or by confin ing on y guilty ia punia xce ding t ive lhmdr r r, or by both t. Doll r lve of eith r of saault and battery, t by coufin at in J 11 tbs, or by a in ot ($500.00), or by both s cb fin nt. If you find him not JAMES tiary o and f 1 , but find him uilty of d f.mpriso ore. it u do not find abov ceding p s y p riod not exc riscm I for th you will Tbouean D 11 r uch fine you will t, five year , or, in your di cretlon, t 1n j il th Cu bage. a ch rged 1 ix hi t 1 r uilty, you will y and no �• l • i :, 0 C C WA.J .AV TA Y.!11,IJ'IOTTA ,nffUBH02UIHAH �COMMlONWEALTH v. CUBB INS tJCTI____ _ rt ood reputat jury alon 0 ith ot in truct th r th ju e CCU vid ca io cu JAMES ATTORNEY R. SIPE AT HARRISONBURG. LAW VA. that si evi of t red by tb h case ind • c te ining �WAJ .AV TA Y3r1HOTTA ,i:>RUBH03ISIR"-H �COMMONWEALTH CUBBAGE CHARGETO JURY If you find th Cubba e, Jr., guilty in the indictment, ccused, Benjamin Franklin of voluntary ry for not le s than one nor than five ye rs. If you find him not but find hi guilty ment at confin uilty of inv luntary charged in the indict nt, years, such fine and ATTORNEY R. SIPE AT HARRISONBURG, LAW VA, anslaughter, s further ry for not less than on ($1,000.00), for a p riod not exce ding one year, by a fine of or by confine• or by both pri onment. If you find him not guilty, JAMES slaughter or, in your discretion, not exceeding One Thousand Dollar ment in jail of voluntary you will say so and fix his punish- ent in the penitenti nor more than fiv more. s charg d you will say so and fix his punishment at confinem nt in the penitent! or anslaughter, you will ay so and no �.. . t O' 1 g il on £1 - Il :t o al 00 • 'I j lo d :too u i 'l •d l .[ 0 .t l J: j "i j:j - -;r 0 C O C ( :::t 0 I :t.t p I 3Cfla WAJ .AV .s:I a:3MAl. TA Y3H>10TTA ,ii>flUBHOe1>1>1AH �Se temb r ~962 4, ~·.."• ~., .,_,y. ·U-" i c..:'"' 1...,; at La: .y Lucas Building~ I..uray9 Virg_nia e: LS South Court ~t. Commonwealth v .. Benjamin 'rru-tklin Cubbage, J-:..·o Dear Mr. Lu a: ecc· c..;:lng h "ewith pbotOb'attic exao :u..c::v s ·cc or-.: and of th utopuy. • ai medical co i-~ •f tb I ~ m J., If I can be of any urther ..;t _so al wi h With b V f> e se • et i ry tZ"U•Y yo rs James R. Sipe JftS/sfd Enclosures ��August 16, 1962 J. Lynn Lucas, Esquire Lucas Building L ray, Virgini Re: Common alth Vo Cubb ge Dear Mr. Lucas: I appeared in the Rockingham County Court today, and as previously agreed between us, bad the case.st for preliminary hearing on Septemb r 14 at 2:00 p.mo tom I am enclosing by your client. herewith a copy of th With b st personal wishes, I remain Very truly yours, .James R. Sipe JRS/sfd Enclosure 1 statem .nt giv n ��~ r~..Pp,~~/ft-,.;>6-~~-~~ J~IC'- {13~- ~~)-~'---??~ ~,19'-t ff~~('."'~ - y::20 - ~- drd2 J~- ~ - c'~-~ M--~~ -..11/~/,v,,,~- - c,t-~~~ ~~~~41-- ; ~~~~-=- ~~ /'o/ - A/£~~~~­ tka/~ ~~__, ~~~ ~ ~~~ ~ar~~ r~ ?fl/"' µ?.i • ,'._;,~( u/ # ~ 'r-r-d~~,/4.~ r ~ L ----=------_a/~-~~~~,2~ -- -- ~ ~~ ~ ~ ~~ r~~~ ~~) - �j ��..... ""\,.,..,_,_,.. ..;-.... .... _______ .... -·-.......... ,....._ .......,__ ........ _....._....,._. r I ~ �r i) h r ~/~ cl(:, ~ ~- ~~~,,,~~/l'V ½ . ~) -LA, • l (,J · >)~~ ~~ ~ (ti) - 1 tG? - ~- at'/ >?-( 40, ~ ~ ~:$~ •· . ) . :?. ✓ ? /~V ,- �.... .....,.._ �✓ ~~/ 2l#7~<'A#r/ .,~77 L_ ~ ~;7~#~~ &/~~~~ ~~ ~ /~/~ ~~/4' ~~ #-%Y7{,L~ M ~~~d',f 9. - 4 -~/ ~ -- £~~gi ,?;7,, ~- - ✓ //~~j, G,GC,C~ • ~ ~hd-· 1) ~~/ 0,) ~::$,~/-~~C/?7~-?...26-£4~ {.I) j?l?/~~., 0/}(2@(7 •• { - U/4"vk . ✓ ~~4 ~, :Y~ ~✓ ~/?L'£~ b?PkJ? ~ (L7~ ;h t:t~~~"'T: ~-- - �_______ ,..,...._ ..... .., __.,._ ____ ..,...._..,....,.. -H---- . �\ \ \ \ CO NWEALTH O VIRGI A h C rcu t Curt of ock gh Th Grand Jurors of tb and for the o y of th Cir u t Co rt enj in th in Co murd r f th •1:' klin said Co nty, upon their Cubb g , Jr. 1 ~ ~ lliam the C:Ollll:noraweelthof Virgini ini int evidenc • JAMES R·. SIPE ATTORNEY /AT LAW HARRISONJURG, / VA. I in ope court fel 1 no ttending the oath pres n that on the 29th d y of July, io~sly the pe\ce i d di 1962, kill ity of . uty w1tne tober Term, 1962 Commonwe1th of V rginia County of Rockingham f n ckingham, Vi v r tt o County, d ri ent to th • Cr . ~ Ju~ lcox, to give d �I I j :t 'l' d .".t da 3918 WAJ .AV :ff 83MAL TA\ Y31<HOTTA ,.>RUIIM021:R!1AH \ �l O VIRGINIA OF 1W W\.,u,~,n.Rn, to it: 1 In cu O tob r Juror6 o G C on y of th Circuit nj 1n ti? Co in r C un y 1th of f th klin Cubb g •• 1 kingh r ir ini, o gh , , at pr f l oiou ly d1.d th p d "C the ttendin 29th d y of Jul th rm, 196 i n 1 tat 1962, 11 and ity of the Cor.m:1onf t itn • vid JAME'S ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. 1e c . ourt er ff t to th Gra co • • Jur o iv �• 3"1le WAJ .AV .H 23MAL TA Y3"1HOTTA ,af!USl108Ulf!AH �LAW J. OFFIOES LYNN LUOAS LURAY, LUCAS BLDG.- August Mr. James R. Sipe Attorney for the Commonwealth for the County of Rockingham Harrisonburg, Virginia Dear Mr. Sipe: Re: VA. IS S. COURT 17, ST. 1962 of Virginia Commonwealth v. B. F. Cubbage Reference is made to your letter August 16, last, in which was enclosed ment given to you by Cubbage. to me, of copy of state- I take this means to express to you, again, my deep appreciation of your usual consideration and cooperation, in connection with this, and other matters, involving your and my offices. JLL/dw ��~~ ~w~~::1..&~~ t1~~~- /: (Llp;fl'~)- ~a2.1~ ~~ --- -· ~~~/.../~ ~ ~~ ff'/Un~~/&2/ ~~~-'L.-~~-~ ~kY'~~- .... // 9 ~ &?°~/~~ - ��Comp. Form 18-A f ST A TE OF VIRGINIA COUNTY OF ---~--------- TO ANY SHERIFF No.,______ To-Wit: _ OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, _____ IV_A_N __D_._L_O_K_E_R...,;;_ _____ _ (Name) JUSTICEOF THE PE.ACE ____________________ of the said County, tha.________________ _ ( Title) These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the Lody (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: __________________ color ____ Address ---------------- □ __________________ color ____ Address ---------------- □ __________________ color ____ Address ------------□ ------------------- color ____ Address ---------------- □ color ____ Address _______________ ---------------- □ as witnesses. Given under my hand and seal, this _____ day of.________________ 1 • , , 19__ • , ( t '-·'" •N ( Title of Issuing Officer) JUSTICEOF THE PEACE _ (Seal) �STATE OF VIRGINIA-COUN1Y OF --------------------------, to-wit: a Judge of the County Court Justice of the Peace I, in and for the County aforesaid, State of Virginia, do certify that as his suret and have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of ----------------------------------------( $,________ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth of Circuit shall appear before the be rendered, yet upon this condition: That the said ----------------------, County, on the ________ Court County day of ----------------, at ______ M., at -------------------, Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; 19_, the proceedings may be continued charge in this warrant, to answer obligation to remain in full force and upon further condition that the said _____________________ shall keep the peace and be of good behavior for a period o,._ ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ to day of ---------------, 19__ aays _ Judge. J. P. ,..,, s· n S- n ~ ., B s· ~ 5· ::, ..... 0 .... ..... ::,, ::, Q.. f Q.. ~ - 0 f;l ,..,, s· n ~ g_ 8 ~ g_ () 0 a B 0 ::, ~ a;: ~ 8.., ::, n -< V, ,:: B B 0 ::, ~ §' ~ s· ~ °" ,;::, ~ ., s ::,nn Q.. ~ ._ ~ () ;. ,..,, is-::i .,::, ~ ff n °" > .., .., ~ t:tl ~ ~ E ,:: ~ ., .., ::, Q.. n .., ;i g ~ ::, ., Q.. -< e. Q.. 5 .., 0 °" ..... s· F' ~ ~ - .,8' <: ~- 8 s· ji' ~ 0 .... a. )1, Sn "' () 0 >-i V, ~ V, 0 ::, S- n .... ... r �I i/¢) -/•:1. .- p,,/ /;)/;4 2 - .~ :r~ $ ~:;:Jlp•- ff~_. ~~:YA,/~- ~--11-z,fa~J 1ip;ft-v Y~d~ ~/ ' t �Jd7t&i ? ti. /J'?l -- ~- � 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 Benjamin Franklin Cubbage, Jr. Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_010 Cubbage https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_016_commonwealth-v-bill-dan-adams.pdf d4447696f8c48cd242b78cec9d76d019 PDF Text Text COMMONWEALTH OF VIHGINIA, COUNI'Y OF ROCKINGHAM, to-wit: IN THE CIRCUITCOURT OF SAID COUNI'Y: The grand jurors of the Commonwealthof Virginia, the County of Rockinglla.m, and now attending its October term, 1947, upon their the Circuit oaths do present and sley- one Roscoe Page Moomaw,against Court of said County, at that BILL DANADA.~S,on or about the 6th dey of October, in said County, unlawf~ kill in am for the body of and feloniously the peace and dignity did of the Com- monwealtth of Virginia. This indictment is found upon the testimoey sv-vornin Court and sent before the grand LAWRENCE H. HOOVER ATTORNEY AT LAW HARRISONBURG, VIRGINIA jury of M. S. Witt, a witness to give evidence. �Invol. "Manslaughte.r. ) COMMONWEALTH V• Foreman a,_,Af-WJ./ Term, 1947 BILL DAN ADAMS /'Vk) Feloey: October A True Bill: 61 M. S. Witt~ Witnesses: 1. Attorney Lawrence H. Hoover Commonwealth's �Commonwealth On an indictment vs. Bill for a felony mans.) Dan Adams This day came the attorney the accused, Bill and by his court this (inv. court W.W. heard the evidence rharton taken the said Bill punishment one year in jail at And it herein at a former the fine pr~secution, Road Force and a fine considered of the said aforesaid, and that recognizance And the term of judgment and doth by the court Bill herein, fix his of one hundred that dolthe Dan Adams one hundred and the costs he be held for of its Dan Adams guilty, is therefore commonwealth recover Convict and E. D. Ott. time to consider doth now find dollars, to his and amiuk2Duqo.m:m:x:«0E±i:mmocxtk:ixx«mx£~xxIDlfflri«2xxti~N, «~tkx and having lars. the commonwealth, Dan Adams, came pursuant attorneys, having for incident to hard labor the term of one year. to this on the State However, for reasons appearing to the court, the sentence imposed herein conditioned upon the good behavior of the said ·defendant ~xxxin all upon the said Bill Dan Adams is suspended,rand the said Bill respects or a Dan Adams is hereby plafed on probation in the care and custody perioc of of the Parole Board of the Commonwealth of Virginia in charge one year, of the Parole Officer for the 12th Parole District of Virginia (or his condition costs successors), that herein fendant aforesaid. paid the said said suspension Bill ~dams shall imposed upon him. to the clerk being of this further pay the fine And thereupon, court upon.the the the fine and said de- and costs ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY , VIRGINIA COW.iNWE TH BILL OF PARTICU UPONAN INDICTMENT FOR MANSLAUGHTER v. DANADAMS Comes now the attorney for the Commonwealth, this 10th day of November, BILL DANADAMS u on an in- 1947, and for the ~artic ars of the charge against dictment him by the Grand Jury of the Circuit returned against ham County, Virginia, ter Court of Rocking- at its October Term, 1947, for the involuntary of one Roscoe Page Moomaw,gives the Court to understand the Commonwealth charges and expects to prove that 947, between the hours of 6:00 and 7:00 o'clock, manslaugh- and. be aavised that on the 6th day of October, A. M., of that dey, at a oint on the Lee Highway (U. S. Route Number 11) about one mile north of Tenth Legion, in Rockingham Count, tain motor vehicle, Virginia, to-wit, in o erate vehicle for the safety motor vehicle to the traffic, of other at as eed greater surface that he failed to avoid collis~ion he fai ed to have the said motor vehicle lookout said motor vehicle ATTORNEY AT LAW struck another mo~or at a rate of speed to exercise ro er control upon than reasonable and at such seed and ~ro er care that roe he drove said ro er, having due regard , and other conditions as to endanger the life o erating of or to keep a ersons using said highway; that on said highway; and that whi e so unlawfully HARRISONBURG. VIRGIMIA and u awful man- with an oncoming vehicle; under arid width of the highw at said time and pace, LAWRENCEH. HOOVER direction of said highway and into the most westerly lanes marked thereon; assing anotner reckless acer- rate of speed; that he did drive said motor vehicle eft of the center the three traffic in a northerly the same in a careless, ner in that he did then and there and over the Dan Adams, while operating a White tractor-trailer, on said hie;hway, did o erate in excess of a lawful the said Bill of existing ersons the said motor vehicle h ve icle o erated by the sain Roscoe Page Moomaw,who was i ��thereby LAWRENCE H. HOOVER ATTORNEY AT LAW HARRISONBURG, VIRGINIA injured, from which injuries he died on the dey and ear aforesaid. ��.. COMMONWEALTH V. ) Felony 3ILL DANADAMS a 7 (invol. ' ·f·, 't d mans.) ✓ ��PRE-SENTENCEINVESTIGATION Staunton, Virg-lnia December 18,_1947 NAME: Bill CITIZENSIITP: American Dan Adams ADDRESS: Rt. 1, Gate City, Virginia MARITALSTATUS: Married RACE: White NO. OF DEPENDENTS : four AGE: 32 OFFENSE: Involuntary SEX: Male Manslaughter OFFENSE The above named subject was involved in a motor vehicle accident on October 6, 1945, at about 6:45 a.m. This accident occurred about one mile north of Tenth Legion and is said to have resulted in the death of Roscoe Page r:oomaw. According to the best available information Adams was driving a Mason & Dixon Tractor and Trailer north on Route ll. Visibility was extremely poor and it is said that there were pockets of fog along the road. Adams attempted to pass a car driven by a man named Brovm, and in doing so collided with the car in which Moomawwas riding. The Moomawcar hit the top of the truck I s left gas tank and knocked the wheels from under the trailer causing the loss of brakes. The trailer is said to have skidded approximately 275 feet and ended up with the tractor in the right hand lane of the highway and the trailer off the shoulder of the road. Adams stated that at the time of the collision he was traveling about 45 miles per hour. He states further that he was never over further to the left than the middle lane of the highway. This conflicts with evidence presented by Trooper Whitton who stated that there were marks presumably made by the tractor and trailer at least two feet in the left lane of the higmra.y. There also seems to be a strong possibility that the collision occurred in one of the fog pockets existing along the highway at the time. PRIORRECORD The subject has no prior record in Rockingham County and apparently Mr. Bailey could find none for him in his native county. How·ever, he achn.its being arrested twice for public drunkenness. FAMILYIITSTORY near Shenandoah on May 5, 1947, and they are now residing atl538 Gate City Highway, Gate City, Virginia. It is understood that this is the home of the subject's mother, Emily Adams, about 48 years of age. Others in the family are the subject, 32 years of age, his wife, Evelyn Mary Adams, 27 years of age, and two daughters, Betty Jean Adams, 8 years of age, and Joyce Ann Adams, 6 years of age. 'Ihe subject has two brothers in the Army, one at Roswell, New Mexico, and one at Fort Meade, :Maryland. Two other brothers, James Kinney Adams and Maurice Sweeney Adams living in the vicinity of Gate City. There is also one sister in t.1-ia.tvicinity. It is understood that none of the family have been involved in any trouble. Adams and· his wife moved to a place HOMEANDNEIGHBOR-The house in which the subject resides is an old log house to which brick siding has been added.. It contains seven rooms, is well kept, and a very HOOD: home like place. It is located in a neighborhood that is strictly rural and the neighbors are generally nice people. ��2 EDUCATION The subject states he finished first year of high school at Man•rille in Scott County. He got along well and liked school but found it necessary to stop and go to work in order to earn a living at fourteen because of the death of his father. RELIGION Adams sta. tes he is not a church member but that attended the Methodist Church on some occasions. interest in religion is rather passive. INTERESTS& ACTIVITIES he and his family It would appear have that his The subject expresses interest in highly normal activities such as hunting, fishing, attending movies, swimming, and improving his home. HEALTH Adans had the usual childhood diseases and one rather serious accident when he shot his right index finger off while squirrel hunting when he was about fourteen years of age. At this particular time he has no health problems for himself or his family. roIPLOJMENT The subject's employment consists of the following: Spasmodic work as a coal miner for about two years, farming his mother's 60 acres of land, and working for others in the neighborhood. He worked from June to December in 1942 as a driver for the Yellow Cab Company, Kingsport, Tennessee, three months in 1943 at the Holston Ordinance Plant and from April 20, 1943 to date vri th the Mason and Dixon Trucking Lines. RESOlJ"RCES The subject's ma.in resources consist of personal property such as an automobile, furniture, etc. At the time of the interview he had no appreciable bank account and no insurance or bonds. SUMMARY PIAN T'ne above named subject was the driver of a truck involved in an accident on Route 11 in vrhich a man was killed. His prior record consists of being arrested on two occasions for public drunkenness. He is a member of a respected fantlly near Gate City in Scott County and is no residing in a comfortable seven-room home in that comm.unity. According to his mm statement he did well in school until forced to withdraw because of his father 1 s death. He is not a church member but expresses interest in highly normal activities. He is believed to be in good health and his employment record has been better than average. His resources consist mainly of personal property. u. s. It is t..he subject's plan to live in the home of his mother, Gate City, Route 1, and work in the Mason-and Dixon Warehouse located at Kingsport, Tennessee. Mr. o. G. Bailey, Jr., Probation and Parole Officer for that vicinity has expressed a willingness to accept the subject for supervision if he is placed on probation. Sources: HBJr/a Trooper Whitton Rockingham County Court Records The subject M. D. Hawk O. G. Bailey, Jr. Respectfully yours, i~£~~ ~~fution and Parole Officer ��November 19, 1947 Mr. Harry Burnett, Jr. Probation and Parole Officer Room1, Law Building Staunton, Virginia Re: Bill Dan Adams Dear Mr. Burnett: This will serve to acknowledge receipt of your letter under date of November 17th requesting information as to benefit of our experience with subject person, and resume of his service while working for this company. Mr. Adams entered our employ on April 23, 1943 as driver of our over-the-road equipment and has retained that position until shortly after the unfortunate accident in which he was involved on October 6, 1947. During this time he made a most satisfactory employee and we have no criticism to make or his work in any way. I have been personally acquainted with him during the entire course of his employment with us, and he has been under my direct supervision for the past two and a half years. Further, I might add the.t the company has placed him in another position with the Maintenance Department of a non driving capacity. I certainly regret that he became involved in such an accident which resulted in the death of Roscoe Moomaw;and I believe, as no doubt other of his acquaintances you will contact in the course of your investigation, that he is deserving of any consideration whatever you may wish to five with respect to his case. If I can be of any further assistance NOV2 4 L .-/ please feel free to call on me. M. D. Hawk, Superintendent or Drivers �t �PROBATION AND PAROLE DISTRICT DENTON OFFICE EAST 17 ABINGDON, Dece~ber 15, 1947 J' • larry Eurnet t, .Jr. fro ation and Parole Officer Ro')J:l 1, Law 3uildin~ 5taunton, Virginia ..>ear .. r. urnett: Re: Bill Jan dams I am indeed sorry I 1ave not oeen aole to give you better request vf Hover .::>er 17 c0ncernin3 the above-n11.med man. service on y)ur _•rovn "le. t I ean learn fror:: the law en1orcement officers at Gate City this man's .r10 ,her dues live on Route 1, Gate City, virfi .:.a, and has a very respected :arnily of the co•1vty. There does not appear to be ,::my prior recoi~d a2dinst tl-J.is man recorded either in the Trial Justir!e or the Circuit u ~rt Jf Scott County. If y )U desire to transfer ti1is man to ~r ai.strict I Vfill be glad him for supervision should he be placed on probation. Yours respectfully, EC18 1947 BUILDING MAIN STREET, to accept VIRGINIA ��6 The Commonwealth of Virginia,} T 't . ham.~-County, o-w1 R oc k 1ng ;;,.; To- die Sq_~riffof Said County: 1 Whereas, ----':=lc.c•--=S"-'.,___ .,..,_N-=i'""t__,t'-'.,__,S=t.,.,a~t~e'-------"?~o~l~i~c~e~ ____________ of said County, has this day made complaint and information on oath before me, __..J'-'.L-Cs.L.L.__._Svu.urn ....rL..1Lt.£.z~,___._c.,__1L.le~r~k__.T-="'--=--'J.;-..-.__,,,C .... o,1-1al,y'_r,'-¼-t----T. J. or J.P. ' of the said County, that Bil 1 Dan Adams, c/o Ma son & Dixon, Harrisonburg, Va. 6th loniously kill October , 19-1.'.Z_, in the said County, did unlawfully and feand slay one Roscoe Page :Moomaw, against the peace and dignity on the dayof of the Commonwealth of Virginia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ___________________ _ Bi 11 nan Adams __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this.__ Memo. of Commonwealth _,6<--'t~h.....__ __ _ Witnesses: Name Ii. G. Brown Kirby ______ Hepner S.,LWa]ton Address ..... T...,e-<.On""--"th_L_e.gion, __va..___ _ Conicsville, Sgt Sp xbg. Va. �194? $...l~ ... ~·"'······· $.....~...~.P.... $ ....... =···••···· $ ·······•··············· Clerk's Fee Trial Justice Fee Arrest and Mileage Summoning Witness Total Jail Fees Trial Justice - - - - $..... tf~..7.... $ ................... y $......... L ........Q. $....................... . _.,.,, and Mileage $ ..................... . Commonwealth's Attorney Witness Attendance $...lt..o...O..... Issuing Justice's Fee / $...................... . Fine - - - - Indicted by the Grand Jury before a ~e~r\ng wss held in the Trial Justice Court. ~~i«~~lttli:a:w-itKi¥1.~l\i«M O<e-tober 20, JUDGEMENT Dan Adams { Arrest Warrant Adams J.'W~e Total mileage Miles carried prisoner Miles travelled by officer Officer's Mileage 1f'·%. October this --'6=-t=.:h:.=..._ ______ _Jli_ll_Dan Police , 19--4-'] .• day of Executed the within warrant by a resting and delivering the body of Bill vs. Commonwealth Criminal Docket NoA-f99'f Trial Justice Court ;;;· 5· < ::;· as. :, 8-0...., e:. n, ~ :, 0 3 i3 0 () -< ;; 0 ...., 0 C 8-" () o' ., 0.. .,:, .:-' �Summons required under Sec. 120, Chap. 342 Acts of 1932 DEPARTMENT OF STATE POLICE to appear before: on,...,_ __ '--__. ....... _ (Date) to answer for Violating the Motor Vehic • • • Limit D at = 7 o'clcickpM No Operator Chauffeur License D □ □ (Address) ��Trial Justice Criminal Court Docket No• A- 999f Com' th v. Bill Dan Jdam.s \W Date --Trial w,w,i.v'; rraigned 7f) --2.</--i/.7 - ~~ /o-,-'f-7 -'-2.}Sb -- , ,. �--- -- ....- ----- � 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 Bill Dan Adams Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1947 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_016 Adams https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_001_commonwealth-v-bud-bowels.pdf 31e07d41917e8256579995c09f627658 PDF Text Text C0NIIiONVv'EALTH OF VIRGINIA., COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COONTY: The grand jurors in and for attending ruary of the Commonwealth of Virginia, the body of the County of Rockingham, the Circuit Court of said term., 1941, upon their Bowles, on or about County, unlawfully and feloniously Feb- that Bud did kill the peace and dignity 1940, in said and murder of the Com- of Virginia. This indictment M. W. Trenary, is found upon the testimony Mary Carter es sworn in Court and sent evidence. at its do present the 11th day of August, one Joe Wade, against monwealth oaths County, and now and Dr. F. L. Byers, before the grand jury of witnessto give �e~ l\:.tuRDER COMMONWEALTH V• Indictment ) BUD BOWLES Felony: February Term, 1941. Witnesses: v'/J. Mary Carter ✓ 2. Trenary M. W. 3. Dr. F. _L. Byers A TRUE_ - - ' • ~ ~ Foreman. Lawrence H. Hoover Commonwealth's Attorney. �IN TBE CIRCUIT COURT OF ROCKINGHA.E COUNTY, VIRGINIA com: NWE.ALTH _,v. CHARGE TO JURY _ BUD BO iLES If you find charged in the :malice indictment, aforethought, meditated, you will and fix tiary his for but life, and that that will it find If you find malice on reasonable guilty of murder, twenty degree years. in the indict- aforethought, degree, in the penitentiary for then you and fix not less his than years. him not guilty of murder degree, aforethought, actual provocation, but in the first degree, he killed Joe TTade that or implied, or in mutual manslughter ment in the penitentiary twenty as charged second with in the peniten- and premeditated, in the in the second of voluntary than as and pre- in the first with malice deliberate of murder deliberate or by confinement the same was committed nor more than without hi~ guilty of murder, was committed of murder any term not less was not willful, nor of murder the murder him guilty at confinement guilty it was willful, at death, or for him guilty punishment five find Bud Bowles, and t~at and that punishment If you find ment, the accused, and fix for not less combat, his upon sudden heat, you will punishment find him at confine- than one nor more than five years. If you find nor of murder but find less in the second him guilty and fix his than by a fine hio not guilty degree, of involuntary punishment of not exceeding not exceeding five in the first nor of voluntary manslughter, at confinement one nor more than ment in jail of murder one thousand one year, manslaughter, you will in the penitentiary years, or, degree, say so for not in your discretion, dollars, or by both or by confinesuch fine and imprisonment. LAWRENCE H. HOOVER ATTORNEYAT LAW HARRISONBURG,VIRGINIA If you find him not guilty, you will say so and no more. ��.. ' COMMONWEALTH v. Felony (murder) BUDBOWLES ?//j!// / /' /'f/ --0 - ,,, t /lfl(" V ( ( l.,. ' / D 7-lfr I !, I I /. t I I I �, k,. i, .:::, • I i.l ...,..r 0 , '/ ~ I '\ , , / �;a. A INSTRUCTION NO. The Court instructs idence in tlilis case that violence as to make it ifestly intended great bodily then in that right kill great bodily to the jury appear that to take the danger his ground, injury, if they believe by dade with his life was imminent force own life with force or prevent is not necessary to have been necessary. that such Wade man- or./ do him some and impending, was not bound to retreat repel to save his land it from the ev- to him at the time that case the defendant adversary that Bowles was assaulted and endeavored har9anc to stand his the jury but had the and if need be, his it receiving shall appear ��J.IPI11181!11 INSTRt 1 CTION NO. -- The Court instructs the jury Joe .lade, armed with evidence that and that the defendant and that he did believe be inflicted and fear, and protect --/8 and fear himself, the said they cause are satisfied attacked reat under the influence his then he is not guilty. bodily knife from the the defendant, to believe that .Vade with 1 if a knife, had reasonable upon him, and that, he struck that and fear, harm was about with to of such belief intent"i,tO dsfend ��INSTRUCTION The Court proved the by the use of a deadly upon the fense instructs plea rests of self-defense, upon the prisoner; not such defense all of the f jury weapon, Co:mr.onwealth as well where a homicide and the the burden prisoner of proving and in determining has been established, evidence that the jury as that for the accused, relies such de- whether should and circums ta_nces in the case, is that or consider for the �_...)- ---- �IiTST~UCTIOH ,. O. ·,Ii The Court instr~cts ant to be innocent -(!_ the jury until by the eommonwealth, yond all reasonable applies evidence prove the to give stage the jury made a£,ainst the prisoner strong, is not sufficient greater weight indictment, proved by the evidence having of the guilt to convict, but to warrant conviction, aoubt. of the essential it duty him not guilty. sufficient supports to is their of the defendant, nor is it beyond a reasonable all and of the guilt and find of the evidence his case heard doubt him in the indictment, or preponderance in the This presumption or as to any fact of the doubt be- reasonable the entire have a reasonable the benefd.t of probability certainty innocence. after in the in- of every throughdlut and if, the defend- as charged to moral his the defendctnt upon the whole case, charge Iv~ere suspicion with thereof, in the case, of the accused by evidence consistent goes with at every guilty doubt f' and to the exclusion of hypothesis of innocence the law presumes he is proved dictment theory that however if the the charge his guilt must be �_,J �A§ INSTRUCTION NO. f The Court instructs mu~der, where the defendant of the killing, either the fact a reasonable of the fact or facts relies that, xxtEwx~ doubt orb~ in justification a preponderance to be established of the evidence. of facts in the minds of the juryas sought for does not have to be proven in any case is such a state doubt upon a trial upon self-defense, of self-defense beyond a reasonable f.11 he has to prove raise the jury as will to the existence by the Commonwealth. ��INSTRUCTION NO•• The Court instructs from the evidence -&_ the jury in this Joe Wade in self-defense, case that yet, the killing was not because the course of sudden quarrel tion, cannot and that find voluntary penitentiaRy if it manslaughter not less although appears or mutual guilty they may not believe the dafendant of any grudge the provocation the defendant that fron combat, TiC.MXRX:tmm which is punishable the deceased, the evidence or malice, that but was done in upon sudden provaoa- was more thsrn slight, of killed then they any higher by confinement than one nor more than five years. offense in the than ��r-:-- INS'rRTJCTIOYEO •• The Court :irst degree doubt, that oe Jade by malice, killing the jury the evidence a re~sonable of instrJcts ~ Eust of Bowles. and desperate the probable In other able doubt kill the deceased, probably in the first in the second a ,,icked at death, of heart, and premeditated J',nd if and deliberated, cannot act and intended or do him some serious they but such the time of the killing what he \'rilled or do him some serious beyond to the killing and deliberated, he had willed his prove, there injury, be a reason- and premeditated bodily find bodily injury, him guilty to which ·,rould o~ murder degree. The Court rea.son:i.ble words, in the and premeditated of which woJld be dee.th. whether occasion deliberate, understood the deceased result and distinctly wickedness have~~, he ·.vould kill murder Bowles was not only incited Bowles must have distinctly to do; he must also to constitute cle&rly must have been a wilful, on the part that that further de~ree, doubt that and depraved instructs it the jury must appear the killing heart. that to constitud!.e from the evidence, ·1vas done from malice- murder beyond a that is, from ��The Cot idence that from being instructs the defendant, the subject ~7ade, and that and that him bodily the right the jury whilst that Bowles, of an attack doing so, to r~pel then the jury such assault was acting and cutting that the said is instructed by all from the ev- to prevent he was assaulted he reasoDct.bly apprehended harm, if they believe that the force Alice t1adden by the deceased, by the said Joe Joe Wade Joe v/ade would do the defendant .,M.~ >' "1;1 had heAdeemed ne~ssary, ��INSTRUCTIOI\ The Court willful, ice deliberate is present. instructs the jur~r that and premeditated, whenever a killing the law infers that is mal- �l �~~ ci)( ~4/1 INSTRUCTION ~ , A,t,,t~(,.4 'fi~ The Court instructs from the use of a deadly the weapon. jury that malice may be inferred �.J �---3 INSTRUCTION The Court Virginia order instructs is presumed to elevate the burden the offense prisoner. jury to be murder the offense of proof' the that every in the second to murder the burden in degree. In in the first is upon the Commonwealth, to man~laughter, homicide degree, and to reduce of proof is upon the ��INSTRUCT ION The Court willful, necessary ticular only deliberate, that length necessary ence for instructs the time previous jury and premeditated intention of time prior that the first the to kill thereto. I that to constitute killing, should to the actual such intention time at 4 should it exist is not any par- killing. come into the time of killing, a It is exist- or any ��6- INSTRUCTION The Court by the law, instructs in Virginia, in the second in wait, degree. that murder as murder in the first further instrcuts the imprisonment, and premeditated commit arson, jury is distinguished degree and murder degree. The Court lying the killing, rape, All other starving, or in the robbery, murder jury murder or any willful, commission or burglary, is murder that in the by poison, deliberate of or attempt is murder second to in the first degree. ��J n-sTRUCTION The Court weight this to be given case, it the witnesses interest, feeling witnesses the is authorized if any, or bias: that of different to consider if in the result in determining the apparent and to give case;'their as under to. all intelligence; such credit witnesses same is proved; of this to the the circumstances the in the relationship if any has been shown; their their to be entitled jury the testimony to the parties, testifying; formation; instructs (5' their of their temper, demeanor while means of in- testimony of such such witnesses seem ��INSTRJCTION The Court quarrel bat between results killed, instructs two persons, in order that declined with further safety; deceased protect before to justify himself being where there in fault, such killing the mortal blow was struck that to preserve is a and com- as having must prove combat and retreated from great that and one of the combatants the accused and secondly, in order jury both from such quarrel, done in self-defense, first the ---7 as far he necessarily his bodily own life, harm. been two things; the prisoner as he could killed the or to save or is ��IIlSTRU CT ION The Court self defense believed, the jury it must appear from the and had reasonable grounds of the killing, bodily instructs z': harm. that he was in danger that in order evidence to believe, of death to establish that the at accused the or serious time �r -----------~ j �6 ARREST WARRANT The Commonwealth of Virginia,}T 't . h am County, O•Wl R oc k 1ng To the Sheriff of Said County: L. H. Hoover Whereas, _____________________________ of said County, has this day made complaint and information on oath before me, _H_a_r_r~y_L_e_e_B_r_y~a_n~''----=C~l_e_r~k~_o_f_T_. _J_._C_o_ur_t__ T. J. or J.P. of the said County, that _B_u_d_B_o_w_l_e_s ____________________________ _ on the __ l_l_t_h ___ feloniously the day of kill Commonwealth ' 1940 August and slay of Virginia. one Joe Wade, 'in the said County, against the did peace unlawfully and dignity and of· These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said__ R_~_d_B_o_w_l_e_s ____________ ___________________ to answer the said complaint and to be further dealt with according to law. , 19 40 . Given under my hand, this_~l=6_,,,t-""h.___dayof_~A......,,,u,,;;gu,-,-, ,._...S-:....t:,c__ __ _/~~/$~~, Memo. of Commonwealth Name &,,' ± I _ Witnesses: Address .L1i, ~lkv2- y �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WlT: in and for the County of Rockingham, T. J. or J. P. or Bail Commissioner and of Virginia, do hereby certify have this day acknowledged Commonwealth State themselves indebted to the as to ......................................................dollars ( $ ... of Virginia in the sum which they severally waived their exemption, to be made and levied ot their goods and chattels, yet upon this condition: 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 any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed ot, then this recognizance shall be null and void; otherwise to remain in full force and effect. 19 ..... . Given under my hand this, the ...................................... day of T. J. or J. P. or Bail Commissioner " ~~ 1~ Jk .... I-< ::l 0 u 0) u ..... .... "' ::l ...-.. 'c;j ..... I-< f--. ~) µ r3 c QJ H H -< -----,.-._- QJ ..c ro QJ ~ .E 0§ s s -~ u s Cl) :> Q) ·- ~ ::1 IXl ~ ~ ij ~ "d u l:E 0 QJ 01) C :><·- ~ ~ -.8 H ..0 QJ <J) .:.a QJ \_ -~ <a ~ ] ~~ ---- - - '"; QJ :) - ~ ro 01) QJ QJ <J) µ:.. ~v ~. --:rJ ~'~~ QJ QJ QJ u ·,o <J) .2, 01) QJ C ii: QJ QJ µ:.. .;l µ <J) ::, ,-, QJ ~ ro ~ ~ "d C ro µ ~ ~ QJ C ~ "d C '-' ro ~ QJ tlO QJ u C ·C 0 <no:: ::, ::::,.. µ S <J) :c: <J) C "d ~ C >0 QJ SC v C s ..§ ~ 0s ~t5 u ;5 -< p-,< u-< ~ <J) ....... ,.!l QJ - <J) .E ::, <J) ~ <Ft- <Ft- µ:.. <J) QJ H H U) u <J) ') <J) <J) -~ H H ro ~ \ _.: 00 lv~ "d a. QJ tlO ro QJ ....... ·s ~ µ 0 f-< ~ ~: \~: ~! A C 0<J) "d ~ ~ µ QJ -~ µ QJ H H E OJ ~H C ::, ro u v ~Q ;J QJ µ 0 e.o ro ..c u QJ ..c ""d µ 'O u ~ -H :> .:=: QJ <J) QJ QJ H ~ ..c ·-H µ r-l ~ u v ~ ~ C 0ll ·- C IXl en >- µ 0 µ ....... ...... °' "d 0 "d ro o <J) µ I t::..a ro v ~ ..c µ z ~ 0 Cl ..a ro "'•\· ~ >-...... H H 0 0 ro C ro t ...... ' H µ QJ u ·p <J) ,-,::, ~ -~ f-< �~ ( ,,.,,-k'VL: ,lf ,-z7Vil • .....-z....,,.._ r ~ f ~- L~ t ,f~ t -LUt. ca, - I 14- L ,. �i I- .. �PrisonersReportof Rockingham CountyJail ~ Name.A~ Male-r-- / /:J /I Month 0L_1/..L/4_, ~ _________________Date Committed ___L, ___ Female_______Age_.2_,Z___ Race_&L_ Single~- ___/_z ___ 194/ ______________________ _ Mmied ________Oivomd ________ Place of Birth ________________________If Foreign Born ____T me in U. S. ______Years ______months ______ Physical Condition ____________________________ls person a Drunkard?_ _______or Drug Victim?_ _______ :~: :::r--~~:::~:~: _:_~:_Oif ~:;; f::::::~:::::: ~c~u:::~:- Held for Trial_ ___________________________Sentence _____j_jJ_ __Years ____________Months ____________ Fine ______________ Costs ______________ Time in Jail_ ___________ Held for Penitentiary ________________ Held as Insane _____________________________ Held for Other Authorities _____________________________ Behavior_ ___________________________________________ Date of Discharge ____________________________ DESCRIPTION OF PRISONER Heighr_t-?~t/~.Weighr__Lf Q ______Color of Eyes_4~k- Color of Hair!{8U __ Teeth Marks ____________________________________HandMarks ____________________________________ _ Arm Marks _____________________________________Face Marks ______________________________________ ShoulderMarks __________________________________Back Marks _____________________________________ Thigh Marks ____________________________________Knee Marks _____________________________________ Calf of Leg Marks ________________________________Foot Marks _____________________________________ Fingers Off ______________________________________ Mole Marks _____________________________________ Neck Marks _____________________________________Breast Marks ____________________________________ Left Arm Marks _________________________________Right Arm Marks ________________________________ Left Leg Marks __________________________________Right Leg Marks _________________________________ Fine After Prisoner at Jail; Amount to State$ ____________ Amount to City$ ____________ ��THE COMMONWEALTH OF VIRGINIA. TO THE SHERIFF OF ROCKINGHAM COUNTY, GREETINGS: We command you, that you take ............... B..µ4...B..9:W.),..~.$. ......................... ...............................if he be found within your bailiwick, and him safely keep, so that you have his body forthwith before the Circuit Court of Rockingham County, at the Court House thereof .................................................................................. . . . . . ............................. to answer us of a certain .......~.......... f..~.l.9.ny_·······-······················· whereof he stands indicted. And have then and there this Writ. Witness J.Robert Switzer, Clerk of our said Court at the Court House the ..1.7.th.day oL ...f..~PX1:1-<:lJ7 ..,........ , 19 ....4~ in the .......J.§..?..~.1:1 ................................................... . year of the Commonwealth. THE SERVICE PRESS-1282 �j i:; i:,., . ~ V () ~ ,~ .-t 0 ,..:..;::lJ COMMONWEALTH en N' :ct I vs (' .. . ..... ,t. p ;':'> ~ , ;.J' .- I• . ���In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ;ii!is:iil!E;n}:~~~:;~, who stands charged with and indicted for a felony misderaea-nor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witn~ERT day oL • _ _____ THB SERVICE PRESS SWITZER, Cbk of om , 19 "ft"• /I__/, and in th:9-~~ ff~ at the Coun House, the ... 'Cbk �/'.., ).. '-I~ 0 ~ ... :J Ill' ,, -::s f.) !'141 ,: rJ. C ':. ~-/0 :I ii C: 1: :,( • H i j �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . to appear before the Judge of the~ir uit Court of~ock'ngham C unty, at the Court House thereof, 4-/ , at 9:30 o 'clock, a. m., on the ../ ......... ay of............................................................................................. 19 ........... to testify and the truth to say in behalf of the Commonwealth against ............................................... . who stands charged with and indicted for a felony misdemeanor. And this you sh.all not omit under penalty of £100. And have then and there this W~ Witn~~~,ff SWITZER, Cle,k of om said Comt, at the Court House, the .(':... . ~.................................. , 19.¥., day of ..... and in the 16c-f$., ar of the om o wealt . .1/ ........................................ . THE SBRVJCB PRESS �,. :i ::, .I 3 3 C -.. :, C) �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb:ycommanded to summon...~•···~·:J··········••····························- ····························--···········-········································································----···················-·········································•····•············•·············· rvho stands charged rvith and indicted for a f elon:ymisdememror. And this :you shall not omit under penalt:y of £100. t::f:_, SWITZER, C/e,k of ou, ,aid C3}}:t,1 th, Coo" House, th, .../i.. ........... . Wit~BERT da:y of............................... ,.................. 19.d.!... ood in th,j/ilt!:::t: Massanetta And have then and there this Writ. Paper Co. Print th' ...... om'?onwrolth ..., Cluk FORM NO. 5 �•i J ., ..., - w ....~ ~ I-'>rl H ~i' Q) :-, ca '"' \ ~J -1--' ')'7"1 (I) 0 C) ,-1.P Q ;j ,, i, 1 J t C) ,...... .. )-i +' ~r~ :~ •r-1 r~ 'O (1) -: l't-i .µ 0 ~ ~ ~ Q) •rl (l) ra I!. .... µ H ½-..i , .. r (j C E �Commonwealth of Virginia: ~;;:::~•:.;~:~d•d::~~~=••·····~ ..~::~ ....r.-."#,.~., ....~IZ//:.2J:~ .......................................................... . ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• :: :~::a:,:i:::,ea~~.:::g:h:.f ..t.~.~-J.P¼:r°~. :;g: ~~.~.~.~~~~-.~~~...~~~~~- ..~.~.i~se1 to testify and the truth to say in behalf,P} the Cjm~RAND JURY ...................... ·····························································~---································••·••···················································· who stands charged with a felony ~. A~d this you shall not omit under pe~alty of £1~0. Witness, ]. ROB RT SWITZER, Cle1k of our s:;i,,m, d,yof THE ••• j)g SERVICE PRESS, ........... 19.4/,-.dmth, HARRISONBURG, VA, And have then and there this Writ.~ at the Court House, the .../..V. ~~~ •..f.6 ..'11. ••• ........ . Cl"k �~ )/ I) ~ ,;;- -. . "' , (1) ~l ..... '.:J o-,. v, ~ ~ ""'l C: CT) r--, �TRIAL JUSTICE COURT ~ ~1-u..~ V.) DOCKETNO. j747 �� 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 Bud Bowels Subject The topic of the resource Felony Murder Plea of Insanity 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 1941 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_001 Bowels https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_020_commonwealth-v-carl-wesley-shifflet-jr.pdf 440a917d04d7674b52455258ca0b7ca0 PDF Text Text -:R FIVE DAYS RETURN N OF ELKTON, TREASURER'S ELKTON. ro INC. OFFICE VIRGINIA KN I Ft ••••••••• FOUNDAT SCENEOf CUTTING ON GiBBONSAVENUE AT INTERSECTION OF SECOND STREET,ANOSUBMITTED TO THE ELKTONPOLICE OEPAR"MENT BY, ROCKINGHAM COUNTY,UNIT# 6., MR. DIWEVHANEYON~UN~ 25, 1962 8:45 A~M, SIGNE~~:4.,1\1 AT YPROXIM~T~LY •• a,.;L.. �/ ����(, J ~ ., ~ ���Comp, Form 1B•A =::~~IR~~-~_}:r_~_ I 1_n~t~· ..._",'_J~_i:,_ ________ City No ______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, Jc;-n G. Lea~-a has this day made complaint and information on oath before me, ------------------- r •'1,~!~tieeof Tb~ il,,0-3 ___________________ City tha,___ of the said~y, _____________(Nanw) _ (Tide) ----.,.--::_-:.,-.,,,-, 21/a did on the__,,=-___ 0'1rl l·kt:;fa.,-., J.1tf..fkt,-t, -~"-------------------------·n ,day 0£1__ J-'u'-ti_::_· ---------, Jr. 1bckin 1 •..1.9ici County 19_6_" _: Unlawfully__ a_r_~_.f_l_e,_rt1_' '_)i_..1._s]_.y __ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham. County Court of ~id County, the body ~es) 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: Address Address Address -4~ 4 ✓ r .I-hue~ --~-....L..-------------/2!:J~~ ')')fM_ f-}-ib;,~ as witnesses.~ color ___ _ Address color ___ _ Address .___-- { I uf,//4 Given under my hand and seal, thi.,._s __ 2_L~t_l_:.._day of~____ £2 ~ ~ □ K~J~ □ ~~ ~ □ □ Jh~tt~l-•r_...,...,.,,._~-----/---, -----.,.,,.~-------~-----=::;__' ( Title of lssui~ <>1,ce~ JLi 'i'll~:: 01'' .P.t r ~- □ ___ 19 '52 (Seal) �_ .. _ .... __ ...... _..... - .. - .. -.- ............ - -· -- ~- -·- ..... -- ..,. ... --· • .,,.. ........... -- .. - -.,,- ........ -- .. -·----·,., ... ~.,..,--.--- .. ---•-- .. _,.. __ ,.,,._ , ____ - I - -~·_,,..,._,..,., to-wit: Judge of the County Court • Justice of the Peace in and fur the County aforesaid, State of Virginia, do certify STATE OF VIRGINIA-COUN1Y OF ---------------------, I, that and -------------------------, have this day each acknowledged themselves indebted as his suret ------, to the Commonwealth of Virginia in the sum of ------------------------------------- Dollars ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth ($ _______ of _______________________ Circuit County shall appear before the be rendered, yet upon this condition: That the said --------------------, County, on the ________ Court day of ______________ at ______ M., at -----------------, Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; _ 19_, the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that the said ___________________ shall keep the peace and be of good behavior for a period o,._ _________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ to __,_J& }'I 19_, day of ----------------, Judge..J. P . .. n 2 :,;e p.."8 :;i ~ &: p "11 5· ,. e- _,. e. is· §. p ... ... t a. ~ "11 s· ,. :;i g_ :;i ~0p e. ~ a ! > 8... ~ C/) C 9 ~p ~ s· ~ ~- ij> p ~a t a ~ ..... ~ "11 .. 8 p p.. r p.. ~ ~ I,. > ::; g i .. C p.. p.. ,.... '< 0 p ..., '& [ j ~ e: .. JO .:f < ::;· Cl!!. p ..8 _.;· 'O 1... ~ lf ..., ... 0 i e, ., ~ ,. ~ r~i. ~ ;:;· OIi ~ ;:;• p ... ~ C a 5 a. ~ ::i r ~ j p ;::;· C p g a. �·v..s-o, ~ felonious assa 1,/'4~ 1lt t)s;/£?,;:;;; ~-1 ltJ/jt;;_ - ~-~ ~/ ~~ ?z/ /,,:Z ~._;,,, ),-ti/ 6. d'/~) .~.:/?,.,C~c, - ~z-/ I I -:??0' ~~ - �\ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Carl Wesley Shifflet Jr Subject The topic of the resource Felony Assault Description An account of the resource defendant charged with felony assault (note: knife) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_020 Shifflet https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_019_commonwealth-v-charles-leonard-wean.pdf 5b2beba7c64d11d26bc2aa9b57c78dac PDF Text Text INSTRUCTION NO. The Court believe the instructs the defendant indictment in this which one of said defendant lesser guilty case, offenses the benefit offense the jury that even though of one of the offen~es but have a reasonable he is guilty, of such doubt to which said (!__ you should and find doubt attaches. you should charged doubt give him guilty in as to the of the �I I �INSTRUCTION ---/ The Court fense instructs of malicious disable or kill, and an intent shooting the the offense disfigure, disable ther and unlawfwl had resulted, gu.il tr shootin~ the jury shooting connection denends upon whetter of the act further instructs and bat:.ery, or kill, the to intent to maim, the Court between or not, in- fur- malicious if death would have been jury neither nor nalice with that must be done with tne difference The Court aisable shooting that or wans laughter. both malice or kill; shooting in which the of- to maim, disfigure, disable the the perpetrator of assault to constitute intent of unlawful ffialice, that must be done with of murder the of_'ense disfigure, with or kill, but without instructs jury to maim, disfigure, constitute tent, the that to constitute an intent need be present. to !!laim, ��I:~S':!:HU CTION The Court to the crime implied. only is used anger, hatred motive and revenge, It an action tention, is flowing an evil as to carry duty therefore, m~lice implied act of nalicious of the shooting companied ~ unlawful to ill shooting, ~hen the by circumstances or not and un- ill but is to any intended any V'ic 1ced and corrput plain and wrongful with such indication and deliberately however malice of a heart bent on mischief; shooting sud en. is ~resumed has been of nalliation. in- circum- by law from any wilful, a.gains t anotner, charge every has been attended of social and cruel and includes mind and purpose regardless express sense or persons, fro as applied may be either but in them the is malice not confined oerson where the act stances that in a technical motive. done with jury shooting one or more particular to denote the of malicious It justifiable instructs Thus, deliberate on a from the act Droved and is unac- ��~-----------,--------------------~-------------------------- INSTRCCTION The Court intend that consequence instructs which he does, of his own act. tne _j__ jury or which that is a t;lan is the natural taken to and probable �_____ _______.,---- ---------- �INSTRUCTIONNO. The Court they could charged, able for find not less the acts either intent that, guilty with upon the of the intent offense indictment, therein to maimldisfigure, dis- in the penitentiary than or, one nor more than charged aforesaid, be confined five of assault or confine jury and punishlil:f':1"tt him by confinement months and fined both. the prisoner therein more than guilty the or done maliciously or kil~ with instructs A- ten years, were done unlawfully, the accused could,at in the penitentiary years, or be confined they believe but not maliciouslY, your discretion, not less in jail if than one nor not exceeding not exceeding ~500.00; or you might and battery, and fine him not exceeding him in jail not exceeding twelve months, find either, twelve him $500.00, or ��I.? INSTRUCTION NO. The Court instructs cannot be convicted herein unless you believe doubt, first, that the of any felony from the the defendant witness with that the time he did shoot at to kill, prosecuting the gun introduced permanently witness. ~ jury that the accused charged in the evidence shot case indictment beyond all reasonable and wounded the prosecuting in the evidence, he did so with maim, disable, in this and second, the intent or disfigure the said either ��COMMOifWE.ALTH vs. Felony (fa) CHARLESLEONARD WEAN L e.t' .. t I t ii' ' 7 _,,-C....~<: (' • ' _,,1!,.<,,,t..,., ,, _. 7 tr V'i ... t ,. I 'Y. 71,,/'r , ' /)t {r- I / c-1 et!' t~.,., 'ti, -1i • I " ~ I,/ I t,?.1!.. ,d'<,~t- f I V I �( r ~ "f J. l fj '7- ~~~ ~~~ ~~~ yrJ,j ~ ~--;?! ✓~ /(-~-~ /U/✓11£1 ~ 7 er~-~ 9 /Jr:#/✓ 11 /t? ~/Y'~ I( ''l/ J---Ar~ 71;' ?-. ✓~ Jv?O~ ��8 J ������6 0\ ��l:Z· ~o~-V'=, ~;y~ .... ������9 ������6 ����8 ����6 �IN T E CIRCUIT CODRT O:J HOC{Il:GHiu.: COUNTY, VIRGINL COT·1 01:vn.:;LTh ) ) } ) ) v. CHARLESLEONARD V:Ji:AIJ If you find malicious shooting, ana fix his period charged by confinement you will not hundred find in the ishment by confinenent months, or by a fine fine you will nor more than five exceeding say so shootinp:, his a period of not or, in your discretion, months a as shoot- punishment for twelve for of unlawful say so and fix years, of ten years. him ~uilty penitentiary find him guilty indictnent, less than by con- and by a fine in jail not you v,ill for exceeding him not of either of assault then anc: im~risonmen you find indictment, guilty in the ryenitentiary find him guilty charged such ,ean, not ex- dollars. you do not but If ATTORNEY ATIAW charged, in jail both HARRISONBURG, VIRGINIA but in the Leonard him guil t.r of T'lalie ious indictment, finement aforesaid, one year find nor more than If LAWRENCEH. HOOVER than one year five in the by confinenent you do not in the Charles as charged less as therein ceeding accused, punishment of not If ing, the CHA GE TO JURY and battery, felonies as further say so and fix a ueriod five of the not hundred exceeding dollars, his pun- twelve or by t. guilty, you \•·ill say so and no more. �I ,_ �INSTRUCTION No.~ The Court , lieve instructs the from the evidence Charles Weaver without shooting the accused having just to wound the /(\A Lie of me.ii<' i~as 11 n ts e¥ that malice said eal:1Nrf al even though the accused cause, towards Weaver, shooting. shot but that was so intoxicated or entertaining intention that jury you be- and wounded at the time of said as to be incapable the said you cannot Weaver, find of or an him guilty ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded Greeting: to summon ............................................................................................................................ . :: ;~;;:'.c~:::eat~:u::e,::'1J"c::: C:futt.of.Rocki~mA ~~untv:•t.the~outt:ous\t:;;f: to testify and the truth to say m behalf of the Commo::~~2.amst .•..··.··.·.·:.·.··.··.·.·.·:.·.·_-.·.·.·.·.·.·.·.·.·.·.·:.:.· ..r:Aai£.::.-:::::f.~;.~: THE SERVICE PRESS County, ........................................................... . ...... •...?J..;.;;;;·.··.··.·.·:.·.·_·.·::.·.:.·.·.·.·.·.·_-_-.·.·:: ...··.·:.·.·.·.·:.·:.·.·.·.·.·: ..•.. �Not findinr :Jr. Ic. I.. B::;crs nor any me:nber of his fEllnily a!Jove tLc age of 16 7·ears at his usual pl~ce of &bode, ~xecuted May?, 194? by postin ~-nd leavinr:- 1~osted a true co!)~" of the 1- 1 ttin Su..7!1mon_s on the_ front door of the so-id "':Jr. '71. : .• '3:.vers' usual place of L~ode. ...JLV..rrt l/V"//n-<lt?'Y""Y '')ep • for Ju.J.J.1. .,~. c __llE-llder' n.C. s. ~ J . A U ldO J~j ..ll ..,__~ ,.. .r-....... '{: t.J ····- JV u --:.•I g a e,rue c ' J -:>1the 1,,vithi ·-----------------------------------r;__. ·9Ch jn lfyr -person. ~~If ~~~/ I ;__r6, �Trial Justice Criminal Court Docket No. Com.'th vs. Charles LeoLard Weon A.J. braigned Trial /fl/- J., -~- ✓o - '/- ~I/ f-b /,-,--- 3° - 1 .,/-;Ji: /.S- f?A1, r I - -::, I - '-1-7 /J I G>L;l. I ~ ~1 .J- 'I ti ,h,(__ ��PrisonersReportof Rockingham CountyJail Date Bailed Out_ _______________________________ Again Placed in Jail ______________________________ _ Male_r:' ____Female ________Age_'f._, ___Race . .ld(___ Single ________Married __~_ Divorced _______ _ ~ Separated ________Widow ________Widower_ _______ Illiterate _______ Gr. School_ ______ High Sch. _______ _ Vocational _______College ________Drug Addict ________lnebriate ________ Occupation~ fot Being in JaiL~-~-- Employed ~ason ________________________ Reason for Release from Jail _____________________________________________________________________ Amount~_Cost _ ____________SentenceTime ___t-~--~-~ State ___________________ County ___________________ City ___________________ Town __________________ _ Federal _________________ Army __________________ Navy __________________ Others __________________ _ Offen,e __f~ ~ ____________________ Fel. ___________________ _ ___ _ Miscellaneous ____________________________ ABC ________________________ Ins. _______________________ _ Date Committed/J.ftE3_0_-:_ Court Committed Transferred 'fl- -V ,?_--:_~_-:- Date of T tial _ From~~~-- Date of Release _______________ _ Type of Court_ __________________ _ From ________________________________ Transferred To _________________________________ _ Reason for Transfer ______ _:_______________________________________________________________________ _ Physical Condition ________________________________________ Contagious Disease, If Any ______________ _ Fine After Prisoner at Jail; Amount to State $ ____________ Amount to City$ ___________ _ Date Reported ____ ____ __ ____ _ ~~ ________ ~-- _______________ Deputy and Jailor ._!(_~---------- ~ ________ Sheriff ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................... :............................................................. :................ . to appear before the Judge of the Circuit C01irt of Ro ct-.J..a':t: ...... day of............ at 9:30 o'clock, a. m., on the ..... ·n ham County, at the Court House thereof, .. . ...~. ........,.................................... 19 !-/.7., to testify and the trnth to say in behalf of the Commonwe th before the GRAND JURY ..................... . ::::::::::::::::::::::::::::::::::::::::r!i.i~:::::~:;;;L::::w..;~;;;;r:::: THE SERVICE PR£S5 1 HARRISONBURG, VA. �"' I .) l) .:; ..... ...) ~- ~ ; i I ...... '·V ':)!) h(rr\tVt.A l1J ~ ~ -. ,.., ~ 1;~ -~ ~i lt J I tiI I ' s:::: 0 E E .. ::J Cl) t 1 ~ 0 Q) >.J '.j ~ '< ) ~ 0 'i 1f,-tjq7 I 1 (I) ..c: 'I..) 'a ~ ....... ,t:: c_j (t - �.---------------------------------------~---COMMONWEALTH VS. DESCRIPTION Last OF PRISONER -:J7- ____________________________________________ ._______ _ known addm, ___ Color__J.jc~---- Height__~-:-::--_t---- Eyes ____~--- Hair__atlf----- Weight_J:~~--=---- Marks ______________________________________________________________________________________________________ _ r- Age ____'-:f_!j._ _________ Occupation ___if!_~ _______________________________________________ _ Date of Trial ___£/j/~--------------------------------------------------------------------------------Result ______3~---------------------------------------------------------------------------------------- ��Arrest 6 Warrant The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, _ c,,,_e.......,., ____ __,_i.,_t,.__, --------"'-J----'-.__,,,K.,__,e=a=n~,___,,C=h=i=-e=f=--=H=a=r....,r=-=i=s..,,,o...,,n.__,,b"--'u""'r~ge--P_,,o'""l ..... 1""'· of said County, has this day J • C • Swartz, made complaint and information on oath before me, Clerk T. J, Court T. J. or J.P. of the said County, that _ __,,C,._.h=a ..... r.._....l""e'---"s"--------"L..._e,,,_o""---"'n"'a .... r...,d..__W~e~a ..... n._____________________ 28th on the fire-arm, then f'elon1ously, .the said ag~ 1 n st Dec. and there loaded day of and maliciously Charles 0, did Wealrnr, th e pea c e and then _ , 19---4..Q_,in the said County, wit b a certa i o gnn or with gur.p0wder and leaden shot, unlawfully, shoot one Charles and there to o. weaver, disfigure, mai.m, with intent disable him, or kill, a igni ty of the Commonwea 1 t h-O'±f--1J,l--':r 11:-:· rPig!t-rinfl--'l:i:f1at--------- These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said.___________________ CbatJes Leonard __________________ _ Wea to answer the said complaint and to be further dealt with according to law. Given under my hand this -~3~0~t~h~--- Memo. of Commonwealth Name day of__ ~D-~e~c_. ______ ~, 19-45_.. cie~➔~.-J.-o-rJ-.-; Witnesses: Address �C) :, C :, 0.. r, ... 3 ~ - : g.. 1:!P ~ tldii,i rth;u~c/7 0.. ··commonwealth g.. ..oo· ... ::r { Arrest Warrant vs. ~;.~~ l• -C'll ,...::, - ... ::,--o..' tTn ro : r g: ::,--,.. : ::, ..o..~: ;.~ 0..(11::, ano..;r, M': 0 _: :-l ':-' $.. '.'Cl Issuing Justice's Fee $ ....../, ...0...P.. ... o:I Clerk's Fee $../ ..7--'..L.. $..Y.. _Q _ _t>_ Trial Justice Fee $ ..~ ... Arrest and Mileage Sum:n:ning Witness Attendance $ ........... ·witness day of ":," C -< g_-gg -o ... ;.R a·: a._~: ~ 3 3 ;;;· "' 5· :, r, ... 3 ro U> ...... ~::,,...; 3 "a O: r, -· ~: -·:, ::,-U> ...... .. $........... S'o... ..... :-0 Jail Fees -ro $ ........................ Total ~tf~ ~.~ - $7J ... ~-gO ~ ., -< ...... [~ i Total mileage Tri~ :, ::,--., Miles carried prisoner ».~. •••••n••••••••••• 1'.S zC) ::r: ► _3:: .., 0 ~ ..... ~ .,::,-< r, "' ., ~ "' 0.. ., -< ., :, .., .... ::r r, 0.. n E ... r, ~ '2 _.; n I'S"' :, ;;· -< 0 ~ ~ r, n0 C ~ C 'O 0 ~ 0.. p :, I'S"' ~ ... 5· 5· .,::,-- ?. 3 o' .... g.. r, n0 .., r, 0.. r, ~r, < ~ 5· 0.. r, ~ ... ::,-- g.. r, ., ., "' "' 0: 8 C :, ~ ::,-- ;;' r, ~ 0.. " ::,-., n0 ... C :, :, " ... ;;: :;,::, 0n OQ 5· ., 2... OQ0.. ::::,--1-"""'" ... 0.."' ;f n 3 Miles travelled by officer ... ::,-- -< A ro :,.o 0n 0.. -·-o • fil ~ R; g_g:; Officer's Mileage () ~8 g.= 0..... ... :, :, ~ E..::,,..... 0"':, $...k.c~e 0 OQ --""""~.C10 Commonwealth's Attorney :,:l U>: :T ....."'1 0 and Mileage $........ 'Tl ..... ~~ o. () id~~ 6 0 " ,... "'1 OQ., 0 ... 28tb 3 OQ ':-' this C: 0.. ~ C'l)::, .... - z ~ ... g.~:=-~i 'O'O.,r, g.. r, C. .... ~. .... ~§. 0 g.e-< r,er 0 r ["::ro 0 o' 0 :, 2..,g...... ... 0.. r, r, O..r, 0 Fine ;;·.,. ::,-r, < o'~ ~ ..'"": ro· P-t::, ~I»: 0.. R 5· ::,--2,.' ., 0 OQ : Leonard Wean In Jai 1 g.. 5· :, :::g~~I 0 before I 0 ., ., ::,-- " 2'8 ~ Q, :, ~ Charles ► 0.. r, ::, (1Q ..... rt -· -· r, 0.. ::,-- Executed the within warrant by arresting and delivering the body of -< .,3 ....03.o..~ p 0.. ., z C) r, <'"' ; ~ ::;·,=-g,_ 0 -< er er """"oro: r, ::, ~ 6· .P ... 0 ,...::r~~j 0 0 ... <: "1 ::,-- r, .... r, () 'O g: cn·~o,...: Leonard Wean < 'Tl i.;· 3 -·: ~~~g..: ~ r,-< Charles 0.. 0 r, >< "' C r, F-3 g,R j $; 3;: ~: (!),... ;:, OQ r, -· o er:, : ::,--o 0 ::,-- 0.. "'1 : ;;l > F. ., ., ::;· :;· 5· r, ~ ~i-t o..' ni: $ ... 5· ~ r, ... 0 ~ ..... -< < ... :, :, ::,-., E.~ -ro :, ~ "'1 :, r, "' < r, Ul OQ 0 -< R::ig3::! U> 0.. • : r,., 3 r, .., ..... 0 () ::,-- 0 ;:;· 3 ::,-- -· r, C I'S"': -< Criminal Docket No. A-8582 b :tf :, 0 :;· ~:,., "o.. .►': :, r, Trial Justice Court the heating ot;:; ~ 8 o..g 0..\ ~ g..5·g: JUDGEMENT ti/ O O; i-t " 0.. ... 0 r, 0 ., ..... :, :;,::, 0 n I'S"' 5· ::,., OQ _3 r w ., g ..... 0 �COlfMONWEALTE OF VIRGINIA, COUNTYOJTROCKilJGHAf:, to-wit: IN THE CIRCUIT COuRT OF SA.ID COUlTY: The grand for the Circuit of said do present then fully, ver, feloniously its in and and now attending April County, with term, him, the disable said with gunpowder and maliciously intent of the at in said loaded to maim, disfigure, nity Commonwealth of Vir?inia, 1941, did Charles and kill, a certain and leaden shoot against the 28th gun or fire- shot, one Charles 0. Weaver, the upon their CHARLESLEO RD WEN, on or about 1946, and there with County, that day of December, arm, of the body of the County of Rockingham, Court oaths jurors unlaw- o. Wea- then and there the peace and dig- CorrimomYea 1th of Virginia. I J i'eaver, Court LAWRENCEH. HOOVER ATTORNEY ATLAIY HARRISONBURG, VIRGINIA ~his indicfnt .1illiam and sent J. is found up,, the Kean and aT. F. Ritchie, before the grand jury testimony of Cha~s V\"itnesses to give evidence. sworn in o. �) Indictment rL, / ' ~-LV Foreman Commonwealth's I Attorney. Lawrence H. Hoover V 'Charles O. Weaver William J. Kean J. F. Ritchie W \ 1 V II ,_"JI.~ I , .✓, Term, 1947. Wit#~sses: A Tru April Felony: /JrJ!J_; CHARLESLEONARD WEAN v. COMMONWEALTH F. A. 1'P ~ ,, ., ~ ~ ~ ~ ~ ~ � 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 Charles Leonard Wean Subject The topic of the resource Malicious Shooting Description An account of the resource Defendant charged with malicious shooting 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 1947 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_019 Wean https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_021_commonwealth-v-charles-lester-zirkle.pdf c132e9d36fdbc781e157696ae90ed10a 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 Charles Lester Zirkle 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 1957 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_021 Zirkle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_011_commonwealth-v-charles-samuel-brown.pdf 99dbf62a14cc52456245b68148bd0464 PDF Text Text COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors I of the Commonwealth of Virginia, for the body of the County of Rockingham, Circuit their court oaths of said County, do· present that at its nity and murder one Alexander and B. L. Kiser, the grand jury LAWRENCE H. HOOVER ATTORNEYAT LAW HARRISONBURG. VIRGINIA term, the 1945, upon county, Bell, unlawfully against and feloniousl the peace and dig- of the Commonwealth of Virginia. This indictment lender February attending Char 1 es Samue1 Brown, on or a bou,t the 17th day of March, 1945, in said did kill and no in and is found upon the testimony witnesses to give evidence. of Sam H. cal- sworn in Court and sent before �} MTIIDER Indictment COMMONWEALTH v. Term, 1945. ~ \ Jorema.n CHARLESSAMUEL BROWN Felony: February ~- A True B111: c/ 1. Sam H. Callender 2. B. L• Kiser Witnesses: ✓ -c Lawrence H. Hoover Commonwealth's Attorney. �Arrest 6 Warrant The Commonwealth of Virginia,} T •t • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: L_a_w_r_e_n_c_e_H_. _H_0_o_v_e_r_;,_C_o_m_'_t_h __A_t_t_o_r_11._e_y ______ Whereas, ___ of said County, has this day made complaint and information on oath before me, __ J_._C_._S_v_,a_r_t_z_,_C~l~e~r_k~~o_f_T_._J_._C_o_u_r_t __ _ T. J. or J.P. ----'8'---:J.=m'--------"B"--=r'----o-'----\'1-f-"'Il=---------------------------- of the said County, that _____ on the __ l_7_t_h_. ___ feloniously of the kill ~_••!I_a_r_c_h ____ day of __ 9.fid Commonwealtl: murder of , 19~, one Alexander in the said County, Bell, again~ t did the unlawfully pence and and dignity Virginia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ____________________ _______________ _ S~a~m Brown ___________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this ___ Memo. of Commonwealth Name 2_l_s_t __ _ Witnesses: Address ---- ----- �TO-WIT: indebted State of ) as to to the and .................................. . of Rockingham, themselves and for the County have this day acknowledged County at That the said appear before the Trial Justice Court of Rockingham to be made and levied of their goods and chattels, yet upon this condition: ..........:.........as his suret OF ROCKINGHAM, of Virginia in the sum STATE OF VIRGINIA-COUNTY Commonwealth which they severally waived their exemption, u 0 8 8 C 0 8:: <I) ~ ...c ..., 1 0 z..., <I) u ~ 0 Q C cii ell ..., C ell .... .... ell ~ ..., V, <I) .... .... <1:'. '--r-' ,,; > (.' ~ ell >-...... 0 ..., >- ..0 <!) "O 0 ..0 c ell t ell 8::...c .5 ~ 8:: ~ ,..c C ...,..... ..... .... 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'."1 "' u ..... 00 <I) <I) 00 ell j ~ V, .... u <I) ~ :~ ij:J 0 I I : ~ "' :a _.., I cii <I) 8:: C ><I) .... <I) u ij:J 0 >..0 "O v~ .... <I) C 0 <I.I ell 00 ~ "' ·;::: 0. --0 <I) ..., r-' .... :§ "' ::, ...... -~ ·e t -~ cii ..., ~ r-' 0 ell _.., - vi- ~ ~I .. j ell u ~ "' .... ..., ~ vi- "' ~ I I ~ ·: ~ "' <I) <I) µ.. 0 - C "'ell "'"O <!) 8C 8 C) ot ·@ U<l:'. ...... sv C ~~ u ell "O C j ~ ell <I) ~ ....................... ............................................... :., on the ........................ day of ....... .. ....... . . . . . ........ , 19........., o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void, otherwise to remain in full force and effect. ::, ..., .... 0 u <I) u ·.:: V, ::, ...... ~ ·;::: r-' ·e ·;::: u <!)~ 00 .... ell ...c u .i ...c ..., -~ <I) ...c _.., ...... 0 00 C ·;::: <I) <I) C ·- Given under my hand this, the .......................................... day z~ ~ ~ ~ C) 0 :> I-) ...c ...c ..., 0. 0 ;:J �JUN 19f$ G0Mri10NWEAL TH v. ) Felony (murder} #1 CHARLESSAMUEL BROWN 7/t,//;/J- "yd /J{/l//v r / r f - ;,c/ i:-~ Jc(J �-- �COMMONWEALTH v. ) Felony CHARLES SAMUELBROWN -- #2 (robbery) �Ii �----------~ _ ~----___;----:---------------.____COMMONWEALTH vs._ (1:... ____,.- e,vtLu, DESCRIPTION Last known address __---~-~-_,_)(_~ Color_ __~ da.-v~ "1c..a-w-Yl-- OF PRISONER ___________________________________________________________ _ Height_ ___;,_~-:--7____ Eyes ____~--- Hair__~---- Weight__/J__f? ______ M"k'---------~~----=--~---k/--~-~---- J_/__________ Age _____ Date of T riaL ___ Occupation ______ Q_~ p-f - -'2-,.- f 7 I./_j - __________________________________________________ - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Result ____~ c;I ~------------------------------------------------------------------------------------- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded lo summon...................................................................... ·-······························································•·········- ~::::::::::::::::::::::~::::::::::::::::~::::::::::::···4~···.1t.d.J!_J:~::::~::: to appear before the Judge of the Circuit Courttf, ~Jk~n~ham Count)), at the Court House thereof, at 9:30 o'clock, a. m., on the.~ ..~.day of the Co"},mo;1we~ .......................................... ~----·················•·--·························· - And this )Jou shall not omit under penalty of £ 100. day of .... ~~B~RT SWITZER, -r=r Massanetta Paper Co. Print Jg_d_~ against................................................. . ~ ..................... ~ who stands charged with and indicted for a felony Witnesszt testify and the truth to of.·-rJ-·~··········19!.:/..~ sa)) in behalf of t~rosecujBn And have then and there this Wr!t. Clerk of our saidµ -.2 al the Court House, the....... ~..\ »;;!t_~zA::::;z;cf-Clc m FORM NO. 5 �""'XECU7?D/~~--~Yfrn \ \\ rr~ ~ THE COUNTY OF : ,:::7 al;, 'l.dt. RSON. V l. ~ ' " ~ ..... ~ , ~ ~ 6 / ~ R•-~Kl iJ I: 'l BY DELIVt:RING A TRUE ��--- ----------: �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon.............................................................................................................................. " :: :~:ae::c~::~~e a~h:~u::et::.t. 7 ~c~~: C:f~~~.~~.~~.~~.~~.g to testify and the truth to say in behalf of the Com .•. ~.~u~t~.:.~~.~~:.~~~.~t.~.~~~e1:zc- o wealth ···········~#'~ ainst ................................................ . ..··.····~···_= who stands charge[~.:r~~d··~~~i~cted for a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Wi ess, J.ROBERT SWIT~R, day of.... ... ~ THB SERVICE PRESS 7 ............ , 19~ Clerk of our sai~urt, and in the 16..~. at the Court House, the .....~~. year of the Commonwealth. ... ..... ... .... &:.~~. -Glcrk ��Trial Justice Criminal Court Docket No. Commonwealth vs. am Brt')wn • W. rrial Arraigned .$- J 2-- </S- 'f - f - 'f :> ~ (f H/ ��6 Arrest Warrant The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, __ S~a=m~H~~~-~C=a~l~l~e=n=d=e=r~,,.__,S~h~e~r~i~f~f ____________ made complaint and information on oath before me, l_7~t~h~ __ C. S\113rt z, Cl erk of T. T. J. or J.P. .T. Gour t. ~S_a_m~B~r~D-WD~------------------------ of the said County, that ____ on the __ J. of said County, has this day day of __ ~M=a=r~e=h~---'19~, did unlawfully, in the said County, feloniousl: and maliciously_comm.it an assault uoon one Alexander Bell with intent to maim, disfigure, disable or kill, and him, the said Alexander Bell, did then and there unl~wfully dignity and feloniously strike, wound and ~hruiae, against the peace and of the Commonwealth of Virginia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ___________________ _ -------------~c~_B.r.own __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this_~l Memo. of Commonwealth -9~t~b~--- Witnesses: Name ----------- ---~--------~---- Address --- �n 0 l"1 SU " ::, 0 8 o.::J ~ '§ s:-g-g -·<> C is-" > ;:;· :J::," ::, " P.., JUDGEMENT "::, Trial Justice Court C ::, p.. ".... 3 -< ::,- Criminal Docket No. 692 'Z "::,c.. Upon the hearing of.the within charge, Commonwealth "' rt g_g~ ...... ~g..~ SU -ro,.,.::, ~ n fL-g ::, ,.,. l"1 ~,; (1) rt n rt ;:;-o C <> ::,- ('t) -< " Executed the within warrant by arresting and delivering the body of Fine - $ Issuing Justice's Fee $....................... Clerk's Fee $................. Trial Justice Fee $........... Arrest and Mileage Sum:n;:ming Witness Witness Attendance ~ g-p..: ::, ...,< ~: o..:r-' ........,: : I cy r' 0 - $........................ 3-8-:~: ~~ ~-: "' s- "' Trial Justice ::,- p.. st;;· p.. Q..u, ~ l""t n· p:i :, ::::f'D -< (l '° ~:g•-g: ::,;;·g_ "" ::,- -· 3" p.. " -< ~ 2:'a:; r::r "' ::, C ;f n 3 ::, ::,-,, rt !S:' . " () 0 C ;:! -< "is-" ::, o' .... 0 ~ rt ::,- "() " "" p.. " "' 0 C ::, -< " ~ ..... 0 "< " 5· " "' ?. >-I ::,- 5· c.. s- c.. "f; O" ;; " " 0: rt ::, n " s.... g: ""' "p.. -< " 2.. c.. ::r-,.......;:o 0n 0 (l) ::, n 0"'::, / rt 0 Cl. ..., ... ... ~~-~ ~••••••••• ~ s·g ::,- ..... ~ ~ ••u•••• ½ "<: "' t"'II. "O ::, 0 : Total mileage >-I ::1 ".... "' " ;:;· g..g-< O" 5· £..S-...,.... ~n Miles carried prisoner 0 ::,- ~ Miles travelled by officer "' C .... " ..... rt "O "O 0 "' o' "" 0 ~ Officer's Mileage -~ 0 rt ~ ::,- ~ rb ... > t;;· c.. ::,-::,-o o t"t ,; rt $ ........................ ;r: " ;:, "c.. ".... """' 3: >-I n ::,C-< : g_"gg : E ;; -o 'i: "' n -· S-n> 3 . ~ F ro n ;:;· -< "'-· "() ~C ;::, ""0 'O "' 0 0 "-·;:,-· ::,~: C ::, day of $ .................. -.... $........................ C) rt and Mileage $...... Jail Fees z n· en: (ti~ $ ........... $ ............ :;,:; () IJ0. C. ~§. ':--' / ~--,.,.: n 8 <: n .... ~ pJ: ::J. :-l ()rd ~~ ~ ~ ~ Commonwealth's Attorney Total _ 0 • r, C: ro:, 0 'Tl ;:o 0 "c.. n ~,;. ('t) 5· F "::, " '"1::, ~~u~ before o..::r ;:::::, CO..., z >-I -<: c.. " O'Q ..... ...,. .......... t'D I 0 C: "3 ~-~. g_~::, ::, D ::, "::,.....,n "' () ► () O" 3 $~. g_,o 0.. ;:;· ~ §. ",,-< g Oo~~ ..., ~o ~ 9 z ">< "r: "3 3 .C..3 ~ 3 ;:: ~ ::,- 0 -· D SU l""t ....~ ::, ::,- Brovm < s- s- 5· ";:;· 5- ('ti 83..Dl 'Tl ";:;· ".3. ::, c.. " ,:;· SU l"1 "' 0 F' " !::.. -<" < ::, ~ r~ s~ "c.. -· 0 CT:, r, ::, ;:... 0..... 0..;f::,n Arrest Warrant ~ .... " - ....::,-c.. cr-" ('b SU " "1 D -n ::,- -< " "' > ;t < ;:;· "" 5· 3 0 <: " ts- anc..;r 8'~ { vs. ~ ..... ;:;· 3 ::,- C) en >-I 0 () ::,- 0 • p... rt ~ rt 0 0 s- " ::, r ;:o 0 n :,;-- 5· ::,"" " .El w ",. rt 0 ..... �COMMONWEALTH OF VIRGINIA COUNTY. OF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for jurors their l?th Court. of said oaths that day of March, 1945, Alexander by actual fist and feloniously cents ($3.20) in current ~he will ATTORNEY AT LAW jury to give fear, and violently poker, and three money of tne United States Bell, Bell, Bell by striking did unlawdollars twenty of America, of from the person then and~there, and in the County aforesaid, did steal, take and carry of the Commonwealth of Virginia is found upon the testimony evidence. 1945, upon to-wit, him with a stove witnesses the and him, the said fonce and violence, the peace and ~ignity and B. L. Kiser, the grand HARRISONBURG, VIRGINIA make an assault, of the said Alexander This indictment term, upon one Alexander of the said Alexander {eloniously away, against and now attending February County, on the day and year aforesaid, unlawfully, lender in said in and Samuel Brown, on or anout,the put in bodily the goods and chattels to-wit, at its aharles and beating fully and against Rockingham, and feloniously Bell,. him with his of Countyl no present did unlawfully LAWRENCEH. HOOVER of the Commonwealth of Virginia, the body of the. County Circuit ..., of Sam H. Cal- sworn in Court and sent before �ROBBERY A/ Indictment COMMONWEALTH v. Term, 1945 , Foreman CHARLESSAMUEL BROWN Felony: February A True Bill: ~4 ~ l. Sam·H. Callender 2. B. L. Kiser Witnesses: ✓ Lawrence H. Hoover Commonwealth's Attorney ~ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Charles Samuel Brown 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 1945 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_011 Brown https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_010_comomnwealth-v-charles-smith.pdf 62ad2e50542b7425c9d8dccfe97343d9 PDF Text Text 6 Arrest Warrant · The Commonwealth of Virginia,} T . Rockingham County, o-wit To the Sheriff of Said County: Whereas, George D. Conrad, made complaint and information of the said County, that 0 30th n the feloniously unmarried female Du Bosq on the Du Bosq, on oath before me, October· and have of previous aforesaid against J. Attorney C. Swartz, of said County, has this day Clerk of Trial Justice T. J. or J.P. Court Charles Smith -=~~-~------'--------'---------------------------day of seduce Commonwealth's the , 19 illicit chaste 48 , in the said County, connection with character, _having promised day unconditionally form of the did unlawfully statute one Alice to marry her, against Du Bosq, the the peace the said and an said Alice Alice and dignity of the Comrnonweal th. These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring Charles before the Trial Justice of the said County, the body of the said·-------------------- __________________ Smith to answer the said complaint and to be further dealt with according to law. Given under my hand this ____ Memo. of Commonwealth 1_3_t_h __ Witnesses: Name Address Anna May Lam --------- Elkton, Vi~gin=i~ac.____ Ella Lam EJ kton, Virgi Ernest Wilmington, Meadows ------c#'---- _ • Delaware·--------- - --------------- �JUDGEMENT Trial Justice Court Criminal Docket No. A - 3709 J(Qlp Upon a plea of guilty, this defendant Charles Smith is held for action of the Grand Jury. Given under my hand this 12th day of August 1949. Commonwealth vs. { Arrest Warrant Charles Smith I, Charles Smith, the accused mn the within warrang============= in open court before the Executed the within warrant by arJudge of the Circuit Court resting and delivering the body of of Rockingham County, Va. this 27th day of December 1949, do hereby waive indi~tmentCharles on said charge. ------- WiF~n:e~~~~ , Issuing Justice's Fee $......1.00 ..... Clerk's Fee $....... ;L..~·~·~······ Trial Justice Fee $......?...99.... . 5.60 pl ileage $.......1.~)9. ..... Summoning Witness - $ ...... .l.-.~.5.9 .... Witness Attendance 0 ~ 0 1.50 Arrest and. 0 g. ~ en· \ \ ~ 8N~oo"" l""t o :;:d 0 n "' 5· l)Q ::,- and Mileage $......... ..5.•.40. Commonwealth's Attorney $....... ?..~5.0...... Jail Fees $....:...... <.~':?. ______ $ ...................... . " ..3 Officer's Mileage ,.... Total ::, ..'J - - - $...?.~.~ .... ?....... b:.IUPLL Trial Justice £ Miles travelled by officer ..2.. .. Miles carried prisoner ..3...J ~ . Total mileage 7..0 .... - .. 8-70 equals 5.60 0.. l""t 0 :::::r(1) 0 "" �?L~JJ· c~ 7/rrn-~ t �tt- I i tt- - -t-- __ ..,__ t- �Docket No. ;? ~ 4f · COMMONWEALTH DEG, 1949 of VIRGINIA ) vs. ) Felony ) / CHARLESSMITH ? c;- ( seduction) OtV WAR RANT" ~J~._JK~.-----'H~i~c~kmlli;;a~n--------:-=-=-:i---,~---P•d. Own ( x) Appointed ( ) CIRCUIT COU_JT OF RpCKINGHAM COUNTY, VA. -J1i ;. ,'v,~ • ��VIRGINIA: Il'J TI-ill CIRCUIT corn O~Trs.ALT:! OF VIRCI COURT OF ROCKirGHAr.' COUNTY: :IA vs. C1 ,ARLES SMITH This day co.me the and by counsel, and ass~gned motiori 1'7, ment eight to 1950, set dPfendant, the Charles following as.i.de the ve:::1dict of the finding hir: i:,uilty at confinement in the as the jury in person grounds retur·1ed of seductio11, State Smith, and Penitentiary 011 Janur-ry fixing for of his nis punish- a period years: That the verdict of the jury is contrary Tt2t the verdict of the jury is contrary That the verdict is (1) to the law; (2) to the evidence; (3) a~d the evidence, contrary end is without to the law evidence to support in admitting certain it; (4) That evidence offered of the fenda~t by the That the Is Motion clusion of the (6) That structions tain court erred Commonwealth over the objections accused; ( 5) ions the court to the court by the in overruli tLe evidence Commonwealth's offered of the strike erred erred 1g t>e de- 1 at the con- certa n in- case; in civ!~G Com-nonwealth over the object- accused; ( 7) That instr 1 the 1.etions court offered erred in f ai lin, by the accused., to give cer- of ��COMMONWEALTH v. CHARLESSMITH CHARGETO JURY If seduction, and fix for as charged his a period If no more. you find the Charles in the warrant, punishment at confinement of not less you find accused, than then Smith, you will you will of say so in the penitentiary two nor more than him not guilty, guilty ten years. say so and �1 �INSTRUCTION The court lieve from had illicit yet they Alice whether the instructs evidence with must find hi~ not DuBosq, nrior to defendant - the beyond connection by the NO. said or F jury that a reasonable Alice JUilty promise another. Dubosq if they although doubt under believe of marriate, they thBt promise that had the may beaccused of merriage, the been said defiled, ��INSTRUCTION NOo instructs the The court the prosecutrix October 30, fendant's of her had 1948, prior as 1 s earlier jury intercourse charged pronise own passion, prosecutrix sexual b in the of marriage, you should intimacies take witn that in deterninin5 with the defendant warrant, or into the because for the whether on of the gratification consideration defendant. the de- �.. �~o. /_) IHSTRUC~OtT The court U eve from the had illicit marria1-:e, evider,ce co11necti0'1 bA lj eve chaste the beyond with and may be have of previous they iDstructs that reasonable 2. the jury prosecutrix thcu_;ht c:1.aracter, yet s;-ie vrns unchaste at at they the the althoulh doubt that under promise time must tirr:e they that find of said she him not may be- the accused of vas a femal guilty seduction o if ��I INSTRUCTIONNO. The Court from the evidence proxecutrix character guilty. her beyond at the under time of her by the prisoner promise the jury a reasonable was an unmarried she was seduced with instructs that if doubt that female of previous alleged seduction, by having of marriage, then you believe the chaste and that illicit you should connection find him ��INSTRUCTION NO. The Court instructs the jury that accused on the uncorroborated testimony DuBosq, yet the of the if circumstances beyond is substantiate a reasonable her doubt truth convict of the prosecutrix, accused testimony of the you cannot and other Alice surrounding so as to satisfy of her the your minds statements, then this sufficient. The Court that admissions while the without further supporting the evidence instructs evidence the jury of the prosecutrix or circumstances but such facts upon the essential elements of the evidence it the to say whether for jury it is not necessary be such as would be sufficient supplies is that it as tend offense is to convict sufficient to support such and where there she is if is corroborated. it testimony such ��INSTRUCTIONNO. The Court upon the Commonwealth reasonable thereof, instructs doubt charged necessary for to prove against the mistake or to do more than as a whole reasonable reason, doubt. that good reason is, accused to entertain. which resting beyond material element does not mean that the or beyond the is the burden guilty to establish satisfy A reasonable a doubt accused accused, certainty the that and every the Commonwealth to an absolute jury the of an offense accused evidence the all jury guilty guilt all it of the possibility that of upon the thereof beyond all is a doubt founded on the holder thereof doubt is can give ��INSTRUCTIONNO. The Court is instructs a question the exclusively for to determine from the their manner of testifying, their testimony, intelligence in the result surrounding witnesses of the that the appearance their or lack jury the apparent jury; if credibility and the jury of the witnesses reasonableness candor of intelligence, trial, the have on the the right stand, and consistency and fairness, their the interest any appear, of witnesses and from all other appearing on the trial, determine are more worthy of credit and what is the relative and to give credit apparent of the witness circumstances of any such testimony, of accordingly. which weight ��I The person this with crime by the presumption of and apnlies having heard all of as to any fact indictment, the of doubt, }!JI. it to the the is and find their every of to duty him not the five guilty. the the ~r the upon charge and throui,,,h jury the the the after bas whole agai~st accused is doubt/ and if, case, ever:,,~ guilt accused thereof; t~e presumes ~:1•1 reasonable the accusea prove to all with in the until stage evidence esste,tial that beyond goes at suilt jury be innocent innocence case, doubt the Commonwealth entire sona~le 1~0o coc1.rt instructs charged establisbed J' STRUCTION area- case, him in benefit or the of ��INSTRUCTION The court defenda'1t offe•1se not with guilty which instructs if NO. the jury you believe the defe'1dant is /< le=' that from the you must find evidence char 6 ed was not that the the cornrnitted in ��INSTRUCTION convicted other The court instructs upon the testirrony te sti~10ny. arrount of corro½orating sufr·icient, which it i thout the does must not not that the the female undertakin1:. tells emanate jury of the testimony, court rest the (!_ "JO. seduced to indicate which "nry t; flt it upon her credi+ility, case .,,rnt cannot be unsupported the in this from the mouth of the wholly accused by precise would be oe evidence seduced female, that but must be such lflr/tl evidence as adds to, strengthens, confirms R;:Fcorroborates her ~..r 7 "1o ). ��INSrrRUCTION The court evidence DuBosq, that the defendant as charsed the defendant not defendant did not, marry said the )/.;✓. instructs the Alice prior jury that had illicit in the warrant guilty NO. if DuBosq. in this act you believe intercourse you believe to the if case, from the of intercourse, with yet from th Alice you must find evidence promise that to the ��Unit_J/~--------··--···--··-·-····-··-···--- PrisonersReportof Rockingham CountyJail Address -·--··--·······-········-······-····-········--•·• -•--··---·..•--····-······--·······-··············---···••·••·---···-·-·······••·••······--···-····-······················ Male LFemale .. ... Age Separated -Widow_ Amount of Fine .£..y .Race. .. Widower..·--···--· ·-··-- Cost_._ Federal--···---·-·········-···--······ ArmY---··· High Sch./~ ·----··-·--Sentence Time __ .Navy--·-·····--·····-··········--···-·· Others FeL--···~·-·--··-······--·-- .. _----·•----·----··--·····-----·----·-····-·-··---·· ABC ___ .......----···--·•--·••·-····--·····--· Ins. ---·····--····-·--····--·-··-···--·-···--·· Date Committed Court Committed Transferred rnvomd ........... . Illiterate _____ .._..._..... _ Gr. School .A...~-··-·-··--··--··--··-··-········-·-··-•···-·········-·-· Miscellaneous ~-f/_--:-::_()..tJ. __ Date of Trial... ... -,---·•--·---·--· __ Date / of Release ---···-·--···---····--······ ...-...··-·· From --····----··-·--·---····-··-· ·-·•-·•-···--•-··· -·-·----•-··-·-·-··--_.___ Type of Court--····-····--·..·······--·-····-········ from. _______ -···----·----·-··-·-·--··---·----··----·--·····__..Transferred Reason for Transfer Physical ~anied County_ .. ----···--···--···--···-·___ CitY-----···--·-··-·--·-·..-·······-······- Town --····-·········--········-·-... State--···£/.-. Offense /s;ngle To ___ ·---·-·--·-·--·--··--····-·-··-··---···-·-····-····-··---·· ..-· ---······-·····-··-·····-····---··· -·-·-·-•···········-········ ..······-·"··· .....--......... _...._.,.........._._ ....--..,....._··-··-··-·········-- Condition ···············--···· ········-·..-·-..·--··--·"······--· ._._Contagious Disease, If Any __ .. ·--·-·-···--······· __-··· ···-· ... ··- ······-•·•····..·-··--··· _.,_.,.,·- _-···········-··· Deputy and Jailor. -·--·-·--·····-·-····-·······..·········----·--···-········ ..····-..······ -----··---····-----··Sheriff ��DESCRIPTION Last kno'j "!':_ ~ ___________________________ ·_______________________ _ addm, ______~- Color ____/_(_______ OF PRISONER ___ ~_,7-'___ Height_ __ Eyes ___~______ Hair_ __"75'1\ _____ Weight_ __/._4- ___ Marks ________~ ______________ ,____________________________ . ________________________________________ _ Age ___,:2__ ___________ y Occupation ________ u~ Date o~;~~--!_j_-/d_lt>__~ t~ __ .. ____ ·----- J ,- . ------------------------- ____________________________________ • _____ -- ---- ~ @?t! Result ___________ -------~---------------------------------------------------------------------------------- - �~-~-~------------------------------------------------------------------------·- �DESCRIPTION OF PRISONER u_J~---- =--------------------------------------------------------------- Last known address _______ j:-=_52 Color_ ____]_~ Height_ ___ Marks _____{S)_/'f . ______________ --·-- _-- _ ---- ---- ---- __ Age _____'Jc-~-________ Qate of TriaL_/_ -~-j_b_~_J1-- Eyes __~-- Hair__ ~-- Weight__) ~ __ __ .,j.g.yt-- _-_z ______________________________ . __:'_ - ------- ---- __f!_ __~ _ --~ - ____"} __t/___:-__'k/?_MJ,J ____---- ---- Occupation ____ Result _____________________________________________________________________________________________________ _ �' �.Ii 3709 - Report of Witnesses for the Commonwealth Month Whose mileage and attendance of_~A=u,eg=u=s~t _____ l9__1t2_ were not collected by the Trial Justice before the end of said month. r.4,rcv, ~ - ..,v-/) - Fe!. WITNESSES Com. vs. Charles Pro. or Misd. Miles . Trial Du Bosq, .l!.akton, Va. Justice Mileage Total Date .L2-49 (j 1 1. Alice 2. Anna May Lam, II 1 3. Ella 11 1 .. . Glerl<: fel. ::$mith Lam Attendance Days - .su cb l.JO $1.50 .so 26 1.30 1.80 .50 26 l.JO 1.80 4. - ----$5.40 5. 6. ---- Com. vs. 1. --- 2. 3. I 4. 5. 6. All witnesses all necessary ferriage summoned for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning grand jury. ( Sec. 3512) fifty cents, to place of trial or before �'.... t. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~ .....~ ..~················ Yott are hereby commanded to s1tmmon..... to appear before the Judge of the Cirrnit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the./b. say in behalf of the Defendant ~c;:.....c..c-y- ......19-J..~~to testify ..•.day of. . .. and the truth to in the prosef:ttion of the /;017Jmonwealth against....................................... . .................................... ~ ..<: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 SWITZER, Clerk of our said Court, at the Court House, the Q,~~ er day of ... ... 19-)~ _ and in the /7-ff year of the Commonwealth. ~~~,~LL.,;'~ /i..~. �~ ~ \ ~ \ t ~ COPY~ THE WITHIN----~-'_ ~XECUTED/-//..,6--_Qr.NTHE COUNTY01'· ROCKINGHAMBY DELIV~IUG A TRUE ~ V ~ -. tr ��.. �r---------------~-- ���.. �'•) R.,,..•: ~ ,;g ~/ . ~ _...---..... - . • ��Trial Justice Crimir.al Co,_1rt Docket No• .4-...E 7or Com1 th v. Charles AW Smith Date Arraigned '!'rial Date 7- IJ-- ¥9 / _,,/d- F-11,-1/9 2.~ 1/J~ ' / Ona plea of guH ty, held for Grand Jury. �AW 1 TJ 3 to GOO:onrad ��� 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 Charles Smith Subject The topic of the resource Felony Seduction Description An account of the resource Defendant charged with felony seduction 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_010 Smith https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_015_commonwealth-v-charles-tobin.pdf 727c57e4c8b5885a41fc8140354e835f PDF Text Text STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand the body of the Court of said do present 1950, in said dignity August did unlawfully namely, in and for and now attending Term, 1950, with Code of Virginia, the Circuit upon their the 11th and feloniously Paul Warlltner, 18 - 98 of the oaths day of June, carnally Julius the grand indictment Ritchie, jury to give is against the peace found upon the testimony a witness know the mouth in violation of the Cormnonwealth of Virginia. This Chief at its of Virginia., CHARLESTOBIN, on or about County, a male person, of the State County of Rockingham County, that of Section jurors sworn in Court and sent evidence. • of Police before and �Chief George Commonwealth's Police WITNESSES: bill: A true ~ _, D. Conrad Atto1"'ney Julius Ritchie INDICTMENT Foreman Term 1950 August Felony ;4 CHARLESTOBIN v. COMMONWEALTH �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, B. L. Kiser, Julius D. s. F. Ritchie, in the name of the Commonwealth RCo J 7th Chf Hbg Police day of_ _ IZ r to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia to summon __________ ___..,._.T1...__1J ....yl'------, at 19-So-. Harrisonburg, Virginia at the hour of_~J.,_,;....,J.,_.Q.L......,lp_. •._.~ .... [.,._______ _ of that day to give evidence in behalf o.___--'C--'o_m_'_t_h ___________________________ _ in the pending _ v. case of _C_o_m_'_t_h __________________________________ Charles Tobin and Paul Warlitner �ti) Trial Justice Court ____ Docket No. Com'th 5711 A �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, John B. Evans, in the name of the ·Comrnonweaith 412 South Main St., 17th _ Harr_i_s_o_n_b_u~r~g~,,___V~a-•~--------------- to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia to summon ______ at Harrisonburg, day of,__ ____cJuc..=l.c.oy,___ ___ , 19_5Q___::_, at the fiour ·of__ Virginia .,£.3--=-:-""3-"0---=-P--=-•=M=•------ of that day to give evidence in behalf of_...:Cc.co=m='-t=h=------~---------------------- in the pending v. 1 case of __,,C,..,o,..m,., _t""h,.._ _________________________________ Charles Tobin and Paul varlitner- Given under my hand this_~2~6t=h~ __ _ z:~ day 0£~-~•I~un-.....fA __ &--+-+--• �Trial Justice Court Docket No. A 5711 ---- Com1 th ( V. ( Witness ( Charles Paul Subpoena Tobin ar..d 1~ ,.• ,' EXECUTED~ IN THE 0Tf!' ROCKINGHAM BY DELIVERINGA R r' COPYOF UIE WITHIN-=-.r...;.,;....;.;;::~:;,,, 'l'O~~~._...-;....ii....i,.'-8..Q..._ __ _ IN PERSON. {arlitnero To July 17, 1950 at 3:30 P.l!. ;;,;?/~ y ~~~ .Jim£~,.,.,, �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth of Virginia to surnrno.~----------- T, m to appear before the Trial in said County, on 2, . .u Justice Court of said County, day of Jt:rn. sitting at'--_...,.,_.,j~ ~~..- =:.~J~ll'"'o=m~--,-,~--...._,..,,.;i,a~-~-------1 19-¾-, at the hour of __ of that day to give evidence in behalf of_t-+.,.,,..--'F,,H----,--------------------------- v. 'v 1 ---a2,.._ •...-jG'-""'v--1•~,-.---,.-'-.------- �Trial Justice Court _____ Docket No. I Jo• ;.. t.h ( V. ( Witness ( Subpoena in St. or o June 2', 1950 ~ 2 P. �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth of Virginia to summon __________ _ John B. Evans, Edinburg, Va. to appear before the Trial Justice Court of said County, sitting in said County, on 22nd at Harri sonhurg, 19__5Q_, at the h·our of.___ day ofL_~J~un~e~---- Vi rgi ni a 2----":'----'0'-'0--=-P....:..•M=-.::...• _____ _ of that day to give evidence in behalf ofL~C~o~m~' t~h____________________________ _ in the pending _ case of -~,.._..__......__________________________________ ._ v. Charles Tobin �Trial Justice Court _____ Docket No. A - 5711 I Comth ( V. ( Witness Subpoena ( Charles Tobin 425 N. Main st., Edinburg, Va. or To June 22, 1950 at 2 PM. �• \iVitness 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, __________ _ Alfred E. Eagle (Madison College) ---------------------·---- to appear before the Trial Justice in said County, on 17th Court of said County, sitting day of__ --"'-J-=ul=oL-y ____ of that day to give evidence in behalf of in the pending V. the defendant, ;it Harrisonburg, , 19.5.Q_, at the hour of__ ___,_J_._: ..,_JO~P'--'."-"'l_..,1.,__ _____ Charles case of __,,,.,_,_.a._,.._. _________________________________ Charles Tobin Virginia _ Tobin _ �~~ g ~ .. ~ ~ H. z § P> 8: 0:, ~ ; c:: 1-3 ....,_ .._, ti1 t:::I r Trial Justice Court t, ti1 H t"' H < ,t:i:l \· ~ z _____ Docket ~o. 1-3 gj Com th z 0 Ci) 0 > ~ 1-3 " 1-3 ~ ~ ti10 - .... 1--z< ( V. ( \Vitness Subpoena ( Charles to July Shetfff's paid in T. serving Tobin 17, 1950. 5711 A �TRIAL JUSTICE COURT Criminal Docket N<.' 5711 Com'th V. Charles Defendant Tobin AWDate Arraigned .\)i ' Appearance date Trial Date A �VI,....._~I A/J-,_~ ?() I~ • ~~,- -/ �Docket No. ___ 243_ 1 COMMONWEALTH ) vs. ) 7 of VIRGINIA Felony ( sodomy) ) CHARLES TOBIN Sheffey L. Devier -----------~---------,---,------P• Own {, I (X ) Appointed ( ) · d• 'C f CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��LA'W GlE EIARJR.Jl§((J) <DFlFll<CES COJPY o . .JE!l1UJNM30 VA. Co ~ L s f.: i.t., ril 1 t + .. ou e 10, oll, J•., olo:, 10 2 Sue nt 11: fi'h o cub ,. ct lo .tlo:r 1 a f,Jlorry .nc. T:e.s co,i,.itted ,o ::.'or obseilvati n ,'.nd ort. 1aiec e 'ii o lnnl :rio·:,01"t dl- oai tion ca.:n _ t th t t imo ::;o do of :"'or ·tion n ... •oque i ctmont :t· stit mzJco "O"' ,.:10. 'C LJ0•.10 cLe pendln;:-- c.1ru."gc. or<.Lnlly, Gcm,.··;o Co.· o ,alth' ::.d a tto1'in y �yqo~· �AFTER 5 DAYS RETURN TO LYNCHBU~G STATE COLONY COLONY, VIRGINIA ~• It,< •' ..,// . ri; ·~ ~-:\ ,'\ V rur. J. Robert S •tzer Q' I . • (,.-J -~-; }~ . ' . ...,~ ~j; Clerk of the Cou • ,),~--The Circuit Court of Rockingham Harrisonburg, Virginia ��<!Utrk' s @ffitt Hon.Har~ilton Haa~ ;._1-f_?.. 'J:._!'K JUDC:.E f\NENTY-FIFTH JUDICIAL LURAY, J. ROBERT Qtirruit<!Lnurt of Jltnrkingqant <!tnunfJJ 1tif arrisnnhurg, llirginia CIRCUIT VIRGINIA SWITZER, DEPUTIES HARRY MARGIE CLERK December 19, 1950 Dr. D. _. llurrell, Jr. &up rintar d.:;n t, Lyne:_ burg State C lony Colony, Virgi ia D~ar Dr. fiarre udge Hau has ask~d me to unsw1-,r your ette:r of Decem'ber 18, l.950, in regard to Ch·..:.rles Tobin. Judge .Haas does not feel the. he has dny jurisdiction in the 1J.atter and tbereror0 feels th::, r:atte_ should be left enti ely in your hands. Yours very truly, J. obErt vitz~r, Clerk MARGARET LEE BRYAN BOWERS B. WENGER �![fnno'il aJ,TU t.,"'v;,;B lD.J • RJW.::>8 M3Ch"l.'JW B 30 nu1pa ii· o~ l ~ •niq1iif ttr1udnn Y A .. H 31.>fL,~M T3fU,;:>RA.M .r jj . ldoT ! h1~ ~ �s-711-A Report of Witnesses for the Commonwealth Month of~ Whose mileage and attendance were not collected by the Trial Justice before the end of said month. IP 11, (£-1.' h ~ WITNESSES Fel. Pro. or Misd. Days AtLdanc~ ~;,& Miles r_K•l Ju•)'~ / ~~ ~,(>(f_J- •• • 1, Mileage Date . ' Fe/ Com. vs. 1--1---1-___,/,_/1~0 I . S-o 2. 3. 4. 5. 6. Com. vs. 1. 2. 3. 4- 5. 6. All witnesses summoned all necessary ferriage grand jury. (Sec. 3512) for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning fifty cents, to place of trial or before ���j j I �7- 17- so (Jf_j_ • nfl --1~~ !!, ~ ~ ��STAFF CONFERErCE - November 21, 1950 Charles Tobin Reg. No. FM-7239 H. M. l.!Uackenbos, M. D. ----·------·--- Clinical Director Psychologist -- 1st Asst. Psychologist -- Psychological Intern - -- Psychological Intern - --Social ,1orker --&ocial 11orker ------ Mr. John N. Buck --------------------------------Chief Miss Hannah Davis--------------------Mr. Allen Cohen--------------------Mr. John F. Hurley-----------------------Mrs. Cecelia Cromwell ------------------------Miss June Driskill ---- •--r------1 Diagnosis: ·ated Admitted Octob Rockingham f o • for an act of ps.vc fellatio, fully physic and l;{b and psybh ourt Order from and study, indicted ogentiality 21 year old, d health, free from ·sablement. Physical sentially negative d and comprehensive it a schizoid type of an intellectQal performance undetermined mental production ed that physical etiological ental organic expression attended e components are manifested in vior pattern of this patient's adaptation. al purposes the classification above is ndation of socio-therapy, recreational activities ~r study indicated by reason of the organic features manifested by tne patient in his conduct. Encephalography and further x-ray examinations are indicated. H. l.1. Quackenbos, 11. D. Clinical Director ID.1o/jpw �J TC9J ILCCf ' J19'CJ{GlJpo I. ) q:rcu,rsq· f' '° lJC:GbJJ TO~L 9Uq tnLft' tGSfnL 8 ID'9lJ:t{.G2f pii. !" 2+ncp. :ruq:rcsfsq pA L .....a q . '{.OL 91J SCf Ot uocrqu~ to if LIBJ{IIT CLO b .ffGq CC.COP T ______ · ________________ -, ., :~LJGA----------------------OJJGU --------------------- 9,Ia CJ{ upoe • LT p:p.r ----------------------------- --------------------- T • D • --··-----·----------·-----.. 0. ("" �VI GI I • : I cou·T THE C •CUIT ROCKI1GHAI.:cou 'l'Y, O 21, 1950. August Comnonweblth vs. On an indictmen-c This E..ccused, and by his accused hu vi atto thereto. to the &t of this County to deliver the Lynchburg and report The Clerk :ith b. the proper ance at Colony, ment&l of this Court certified indictmcmt in suc~1 in the his proper condition, cs soon LS the m~y be prac- to the Superintendent Virginie., for exrmination condition. is directed copies herein, feid o· is such directed, of com..-noa.ealth necessc::..ry for Ch~·rles Tobin said his cuthorities The ~ti.id rid until r•for to furnish of th~s for the order, present£ tion together by him to upon delivery institution of the & cc used su h time tLe purposes for i&fyt r.ereu on rele' as the sheriff sed on his shall t··ke recogni2hi .. into c..foresaid. COPY. ATT STE: ~£ , Clerk. ~'/1 It hereby ;;. plea c.:onfinen:ent to determine st.id iccusecjlthereto. ustody A the the t.ccused is one or core copy of the for VirginiL:., is the t..nd entered th ...t his St&.te Colony concerning sheriff ,ent co di tion ln order recogniz&.nce ·::hereupon, tm t the court Colony, to his L. Devier. And tlie ;.:,.ttorney ana observction ticcble, said ( sodomy) the cor.1:::ionwe&lth, and car:..e pursuc.-nt Sheffey o:::- feeble-minded Sreriff for o.rr&ig_ ed on tl:.e indict. !c:.S te Colony with Tobin, ney, g suggested □ entc:.l care day ca::1e the attorney Ch· rles not guilty St l. felony s 1'o bin Churle the for L.JC/]A,;;;;.;;;,..,,,v'.,:J_(/_ - U, ~ ~ t~7~ • ~~ {b-r!(~ of �I .o ( j I :t 1 n a u �LYNCHBURG COLONY, STATE COLONY D. L. VIRGINIA HARRELL, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS June 20, 1952. Hon. Hamilton Haas Judge of Circuit Court of Rockingham County Harrisonburg, Virginia Re: Charles Tobin Dear Judge Haas: Charles Tobin was admitted to this institution 5, 1950. Examinations ma.de here indicate that he is definitely feebleminded and that his intelligence level is that of an imbecile. He is not considered, from the standpoint of his mental condition, as being a suitable candidate for trial. by Order of your Court October Charles was paroled in care of his mother, Mrs. Melvin Tobin, Route 3, Harrisomburg, Virginia, on March 24, 1951. As far as I can tell he is still in the home of his mother. There is a possibility that the operation of sexual sterilization will be recommended in Charles' caseo This cannot be done as long as he is here on Court Order. Please let me know whether or not you will be willing to discharge him from your Court Order with the understanding that he would be committed. inunediately to this institution by regular commitment. Wewould then be in position to start the sterilization proceedings. DLH/!hb D. L. Harrell, Superintendent Jr., M. Do ff (P ~ cc: Mr. John L. Holladay Court Social Worker Circuit Court of Rockingham County Harrisonburg, Virginia ~d ~ JR., M. D. �L... - cl �July 1, 1952 D. L. Harrell, Jr., M. D. Sup 1 t L chburg st~te Golony Colony, Virginia Re: Charles Tobin Der Dr. Herrell: Judge HaLs has handed ne your letter of June 20, 1952, that I inform you has b(?en nolle of' record and tht..t thi rel, tive to the ebove and requested that the C" se gainst Cru:rles Tobin prosequied court h s by order entered o further control in the atter. Yours very truly, J. obert Switzer, C erk �l t .., �pril Dr. D. L. Harrell, Lynchburg Colony, State Jr., Colony 14, 1952 Superintendent Vi ginia In .. e; Chc.rles Tobin Dear Sir: This is to dvise you thr...t the cc.se unc..er indic "ment ag&inst the Lbove n'med de endan.t h&.s been dismissed by order of this Court entered today. Reference Conrad, is ade to your letter Commonw....Llth' to Hon. George D. s 1 ttorney, dated April 12, 195 . Yours very truly, J. JRS:mb Robert Switzer, Cl rk �l l 'I • t • 'I l 'I �Comp. Form 18-A STATE OF VIRGINIA COUNTY __ OF Rockingham TO ANY SHERIFF r Whe,reas OR POLICE OFFICER:_ ua.LJ -1--:'-¥~a=~-"-''--''-'-"'=~~~~~-.l,lAc.......1..lS!c.,lu.....__,;z_1,L,U~l,j~,-4----1Vua., •.___,_pi::._ ...Li:q.i.;..t:e~) -,-t-,~:,:---.·i_,,._, ->.\.----,-"',.-: ...1.___::..,t',._,,, ,,.- J • Court· :\.) has this day made complaint and infonnation on oath before me, "-' (Name) --------------------- Charles of the said County, tha~--------------- (Titie) Tobin dl'd \ __ day~~ , ~) ~nally Section m the Slld County • S-c, , • > , -~ know a male person, namely,'Paul 18 - 98 of the Code of Virginia, Warlitner, against Unlawfully arltl feloniously with the mouth in violation the peace and dignity of of the Commonwealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. ~~ /3 And you are also directed to summon ~ color w Address LI7--s- IJ M A / IV g Lo color Address --------------□ color Address ---------------□ color Address ---------------□ color Address ---------------□ as witnesses. Given under my hand and seal, this /J/.~ day of (Seal) �I, and at -c~--1..,___jL... M., .\t or further heard, and before any court thereafter havi for the offense with which he is charged, and shall not and effect until the char.l{e is finally disposed of or until the said =---==.-----------------fro~reof. Given under my hand, this_..,-,/~!:_,.., (1:11__ _ day of c... ~ (j 0 --i ~ 0 ~ 0 ;:r ;:r Ill m '1 c+I "< 0 [ t--' '1 e (1) (1) '"g t--'r-'· '-0 < c... {/) f-'• ::s Vl.(l) s:: {/) ;. ~::s~ 0t-3 en n s::• cr' s:: n >< ::s f-'• H:, II> 'Tl s· n "' ~E ~ C. (D "i ~ ~ ~ - f C.1 c+ ::s 8,, 1-3 0 Ill sn I-'· (1) 0 'i s:: (/) (1) Ill p., 0 t--' f-'• 0 c+ ;:r ::s (1) 0 0, H:, 0, ~ (1) 0 H:, 'i 5· c+ ;:r (1) H:, (1) 0 > ~ (') ~ z--i o' 'Tl :s: 0 9 z z ~ t:i::I ~ > tr1 s- 0 >-i ;( 0 ::s > ~ ~- ~ l:J:j (") :> I-' t"' >-i {/) --i ::s 5· c+ p. n ::s- ti) c+ ;:y g. c... (1) ti) (1) H:, --.,J 1-3 Cr. ~ ;:y ::i p. f-'• p., s· t, ~ 0 ;:y 3 I=,' 0, 0 c+ ;:y !" ::i 17 f-'• f-'· 0 en f-'• ;:y Ill ::i < t--' I-' :i,,, ::r: ... II> IIQ !" .... ::1'I ::s 0. ::s g, J ::s <+' '" (j 0 ~ ::, --i 0 E. " --i 0 E. (") 0 - "' "' 3 3 0 ::, ~ (1) ~ s~ 0 ,.,, ::, ... {/) c 3 3 0 ::, 5· :,q ~ ~ '-; ~ ... 'Tl ... "' ... "' > ., ::, ::, -., (") ib' ,.,, :,;- 0:, > ., ,.,, ., n... ... ~ ~ ib' ~ E (IQ c::, ~ .,., ,.,, ... ,.,, 0. ., ::, - 'O 0 ::, ~ ;; 0. q c.. 0:, 0 8,, ::, 5' ... n... "' "' ... ::, .,,.,, ., 0. '< 0 < ::;· ... < ::;· 0 ., .,., OQ 113. 5· ::, 'O 'O F ., F' ~ (1) r::r "0,.,, ... ... :r :r ... --i ... --i ... [0 -Y> 0. "' '< En () 0 ~::;· cg {'/) >-i {'/) -Y> ... ~5" ... .. (j 0 rv VI. VI. 0 rv •0 0 I-' N vl VI. 0 rv 0 1--' 0 0 5· ;;;· ::, -Y> I-' I-' •N _,.. "' -· 0 ~ aq ... ... c .... r - 0 (") "' n "' :\: ... ., n ,.,, n n 0 c aq ::, g 0. 0 ::s ;::;· (1) �LYNCHBURG COLONY. STATE COLONY 0. L. HARRELL. VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS April 12, 19520 Hon. George D. Conrad Commonwealth's Attorney Harrisonburg, Virginia Re: Charles Tobin Dear Mr. Conrad: This will acknowledge receipt of your letter April 10th concerning the above mentioned boy. of After careful study and examinations our staff diagnosed this case as Mental Deficiency, Undifferentiated; Intellectual Status: Imbecile. This boy got along nicely here at the Colony and caused no trouble. In December 1950 this boy's mother requested that he be allowed to return hom for Christmas and we took this matter up with Mr. Robert Switzer and he wrote us on December 19, 1950 that the Judge did not feel that he had any jurisdiction over this boy and we therefore permitted him to go home for two weeks. He returned on time and on March 24, 1951, he was paroled to his mother with the permission of the Court and he has been at home on parole status ever sinceo Reports from his mother at intervals indicate that Charles is getting along satisfactorily and he has been allowed to remain. He will be considered for discharge now that he has been out for over a year and we would appreciate your recommendations in this matter. A. ;~;:;(? llU) D. L. Harrell, Superintendent /fhb Jrt/'R. D. JR., M. 0. �0 < )' J l, ,I ) ' ( )' 0 I_ I1 C ,d 0 0 'l 0 .r .' c·. \ �LYNCHBURG COLONY STATE COLONY D. L. HARRELL. SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS December 18, 1950. Mr. J. Robert Switzer Clerk of the Circuit Court Harrisonburg, Virginia Re: Chas. Tobin Dear Mr. Switzer: The mother of Charles Tobin has requested through CommonwealthAttorney George D. Conrad that Charles be pennitted. to spend 3 or 4 days at home during the Christmas season. Charles has made an extremely good, passive adjustment since admission to the Colony. The diagnosis Mental Deficiency, Imbecile levelp is My recommendation is that Charles be pennitted. to visit with his relatives for the stated period. I would appreciate your bringing this matter to the attention of the Judge of the Circuit Court and request him for me pennission to act accordingly 0 ,I Yours very truly, (f'\I •. , ,. D. L. Harrell, Superintendent DLH/fhb cc: Geo. D.. Conrad CommonwealthAttorney Harrisonburg, Virginia Jr., M. D 0 . JR., M. 0. �\ ') . ( �LYNCHBURG COLONY, STATE D. COLONY L. HARRELL. JR .• M. SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS November 21+,1950 Mr. J. Robert Switzer Clerk of the Court The Circuit Court of Rockingham Harrisonburg, Virginia Ref: Charles Tobin Dear Sir: Herein please named patient. find Staff note relating to the above At this t~ne Charles Tobin continues to make a quiet, cooperative and passive adjustment at the Colony and continues in good physical health. No overt special behavior manifestations or traits in reference to sex perversions have been observed or recorded. It is desirable in tne best interest of the patient I s welfare that our studies s ha 11 continue. I am, D. L. Harrell, Superintendent Q/jpw CC: Mr. Sheffey L. Devier Attorney at Law Harrisonburg, Virginia Jr., M. D. D. �� 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 Charles Tobin Subject The topic of the resource Sodomy Description An account of the resource Defendant charged with sodomy Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1952 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_015 Tobin https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_002_commonwealth-v-chester-pence.pdf b8893ab5e0f788cc29d52272b8b09892 PDF Text Text • SOUTHWESTERN MARION, STATE JOSEPH HOSPITAL R, BLALOCK, SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS January 1, 1953. Mr. J. Robert Switzer, Clerk, Circuit Court of Rockin~ham County, Harrisonburg, Virginia. Re: Chester Pence. Dear Mr. Switzer: I am enclosing in duplicate a report to the Court concerning the mental condition of the above-named. It will be appreciated if you will transmit the original to Judge Hlaas and retain the copy for your files. Very truly ~ yours, ,I( 41..J_,,.;I Joseph R. Blal,ock, M. D., Superintendent. JRB/ft Enc. 2 c.. M. D. �• ..i �SOUTHWESTERN MARlON, STATE JOSEPH HOSPITAL R. BLALOCK SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS January 1, 1953. Honorable Hamilton Haas, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Chester Pence. Dear Judge Haas: The above-named was admitted to this hospital on January 6, 1950, having been committed for observation by your Court. A report was submitted on May 16, 1950, in which it was stated that we found him to be mentally subnormal and that the diagnosis was ''Without psychosis, mental deficiency-moron; 11 that his intelligence quotient was 56; and that while he had the ability to distinguish between right and wrong he was sufficiently limited in his mental capacity and in his ability to restrain from making sexual advances to make it likely that he would continue to be a problem in the community. It was recommended that care in this institution be continued for the near future, that a program of decreasing supervision be followed, and that a subsequent report or recommendation be made dependent on his progress. This young man has continued to work under supervision about the hospital and to be of use in one of the kitchens and on the farm. His oehavior for the most part has been satisfactory, but there have been some indications from time to time of sexual interest. 1fe still feel that if he were to live in the community this would be a problem, and in view of the whole picture we would now consider him as "feebleminded 11 and not responsible. Our recommendations would be that supervision. he continue on here under hospital Respectfully, L_~J. a:s~;-;--Blalock, Superintendent. JRB/ft ~-- ~~­ M. D., 1 M. D, ��Ja."1U:'.l.~.f Hono b ·llton ci~c it Court of Harrisonburg, s, .r 1, 19_5). g , ockin~ham ount, Virgir. a. Re: Chester Fence. The ·}o,e-nro~ed wag a ,itt.ed to ti.is having oe0n com:-j.f,ted. pita1 or. J,l.l"uary 6, 1950, by your C3urt. 110 or ohserv1tion s sub::litt don Pay 16, 1950, in which it as st ted that • e mcnLnll,7 subnor ~1 ar;,: t:w.t t.he d-J..,:;:•o s rtts 11 'ithout. ps· chosi , mental de cien -1:oronj II that his int.elli 1er,ce q1.10'...ient.•r,;ao 56; and th t ;~ile he, had tli- abi ity to d.1stingut h • twoe. ri,. ,t and ~ ron ~ z,e wa3 sufficiently 1 • t•_ed i1.~s raontal Cu!Ja.cit and in .L ability to 1-ed:-0:.1. '".rorr."·iki .; 301-.ual adva.~c 3 to ;ri...ke it likel.t nr t he wou:d c...ntL1Uo to he ?.. problem in the com•,;unit.r. It wa.i:; reco ..1.,nded • hat c 1 e in t!1is ir:stitut~ on e con~in ed for l:,h....near future, the,t a pl~or~r;;. of lec:.~eaGing su. ervlsion be followed, r..nd that a $ub3e·1Dent rc?Or':. or rcco, .oncht"on be made depen ~nt on his progress. A .eport we found hin to Thi yo 6 an has continue t work bcut the hospital anrl to oe o ,¾" e in one O.!. t · • LCuE>ns and on the far . .-iis ;enavior for the mo3t part. h s been 3~ti □ f'1ctorJ, but ther have been some indications .... ro'il t:Lnie to t:r:-e o:. ~H-,..,,ral interest. ,, · st 11 fee 1 th t if he w.,re ...o live in t.he com.c::.unit.,this wr~uld be a prob em, d in viev o t'1e wbole picture we would now consi • r h:lm as " eeDler:linded 11 and not re pon.,,i le. Our reco• mend tions supervision. would be th t h, contir.1 , on her un..,er hospital Respectfully, ~~~~· f/~os~p~ fi. n1a·ock, M. D., Su JRB/ft rint ndent. �,f • Ls t I T e b[ r �11/14/49Commonwealth vs. On a warrant Chester charging the accused, of this @hester county; req_uested Pence, and said the court W.W. Wharton accused to appoint said the court for Pence, set entered out, a plea for capacity he be committed S0 uthwestern observation and observation, State hereby body of the hereinbefore said set concerning of Section of this directed, accused, HoS_iJital at Marion, and report county, him, his thereupon, herein. this day signed arraigned, on the to hear the And the attorney that said confinement Chester in a/ the feeble-minded heard thereupon, evidence it mental as to is GRDEREDthat the criminal. Virginia, is necessary insane at for 9roper condition, in whose custody tne accused tJ deliver Chester for to said Hospital care, pursuant as soon as may be practicable, forth. said 4909 of the Code of Virginia. Pence 4866 of Section proceeded and having to the depa rtm en t for to the provisions the Sheriff of the his and having accused rea on to believe or colony such mental counsel sheriff or presentment of not guilty. hospital care said thereof that proper by the to represent and the court condition for without indictment Ponce is in such mental the insane court by writing And being the commom<vealth having for into with the provisions waived on the warrant. Pence being counsel in accordance in the warrant the case Chester rape) the comJllonwea.Lth, and to represent Chester of the Code of Virginia, for was brought is appointed And thereupon, charge (attempted Pence This day came the atturney before a felony And is, is the the pur~oses �p6LGTUP6tOL6 p:)([fl. 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S2 ot 2ec-i::rou GOJIJIJJ:f+~sq 2rrc;1 lllflJ+9T tOL T,2JJG6 br.,011.r~rou2 r-svnq:N,68 pG CP62+6L +!:T2 c0mr+'.\' 1l, opeGLA~+rorr sea p8 tOL+p· p:\ +TJ6LGfI')CiU) guq +IJG COllJ'ITOJ.T&\&gT .pµl JJffATU~ 2JJBI.,:fl_ gIJC'I' r,oUGG A2• COlillilC'JA\bS'J JJ\ri!\ "vct• OU ~TJ 'J N.gLL9'rJf. cp,rt€:pJg '3' t8TOUA (S'f'+6UIOf.6q L9D6J �SOUTHWESTERN MARION, STATE JOSEPH HOSPITAL R. BLALOCK, SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS May 16, 1950. Hon. Hamilton Haas, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Chester Pence. Dear Judge Haas: The above-named was admitted to this hospital on January 6, 1950, having been committed for observation by your Court. This patient has been carefully observed since admission and history obtained so far as practical from various sources. We find that this man is mentally subnormal and our official diagnosis is "without psychosis, mental deficiency--moron 11 • On psychometric examination his intellig~nce quotient is 56. While he has the ability to distinguish between right and wrong, he is sufficiently limited in his mental capacity and in his ability to restrain from making sexual advances to make it likely that he would continue to be a problem in the community. I would recommend that care in this institution be continued for the near future with a program of decreasing supervision, further report or recommendations to be dependent on his progress. Hespectfully, 1~ ,{,~. Joseph R. Blalock, Superintendent. JRB/mb M. D., M. D. ��. on. "! ·' lton ."' o, Ju .'e, • t C u -t. o... ilDC 11,,.,:1 H ria)nbtrG, Vir[;i! i •.. Gire 1.;oun y, ....,. '""' ~ abovo- T'10 1950, - Ol' hos o is h lre "V al on Ju U!. r 6, b • 'OU!' vourt. s·on and 1' 1.:lo ...ti t ·r oc . '1istoi•y o tai,1c:. '"' . ar .e find t· t t t•,: i :nosio is 11 On p ri tic .ro , •o '1 __ nd c .._ty -l V y l r. .. 6. · r 1l1i.:. i 1 - y and to "' Ito ~ •;_, be ( on , •epect • . y, ~tf-~ ..io·oiJh.n.. ~.~., Up ,. �• • �------ 6 Arrest Warrant The Commonwealth of Virginia,} T •t • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, S. H. Ce.) J ender, Sheri ff of said County, has this day made complaint and information on oath before me, _ _.:.._Jam--'--'-e-'-s"-----W_.-------'L-=---i_n_e_w_e_a_v_e_r,_,__,_J_.~P_. _________ _ T. J. or J.P. of the said County, that __ -1CJ-<h(.,/,Ce~sl..\.t..ce::.ir:.-,P,:;...c;;e ... n"'c;.i:e,..__ _______________________ _ No..,ember , 19----4-9, in th e said County, with foree and arms in and upon the body of Edith Kenney, a female person over the age of 16, feloniously did make an assault, and her, the said Edith Kenney, did beat and abuse, with intent her, the said Edith Kenney to ravish and carnally know, against the peace and dignity of the Commonwealth of Virginia on the 12th day of These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ____ __________________ CU-L.Jbu::eu:s:utwe:,..rL,:...-~P~eL,,\.n,l.lc.;..1e=----------- to answer the said complaint and to be further dealt with according to law. Given under my hand this~l,i,.3~th-H------ John Sel It - - �of Rockingham, State of to the ) as to County at That the said indebted and .................................. . themselves and for the County have this day acknowledged dollars appear before the Trial Justice Court of Rockingham to be made and levied of their goods and chattels, yet upon this condition: OF ROCKINGHAM, TO-WIT: of Virginia in the sum STATE OF VIRGINIA-COUNTY Commonwealth which they severally waived their exemption, ~ ~ I 4l c5 z..., Q) u 0 .!<I Cl -;;; Q) ~ C: 0 0 u C: rn ..., I-< I-< rn Q) </) ~..., I-< I-< 0 day ' I-< rn ...0 rn o c: ',:j >-...... ...0 0 ..., >- t ...c: rn v ~ Cl) 0 .s ~ Q) g Q) p., I-< ~ ~ Q) QJ ;.::: ...c: ',:j ..., ',:j -o Ct! C: 00 Q) U ~ Q) C: >< ·- f,I Q) Cl.l +:> Q) r-. ·- s::J Cl> ...c: ...,·-C: ,d Cl} .µ l7J Cl) J!.i Pi -< ..___,__, <n > ~ .,r.l ~ Q) I-< ...0 Q) <-8 <,Fr 0 ...... >ct ',:j </) .:.2 ..., a:½, o!~i , 19 0' ~: ·- • Q) tll:-;:::: Q) r-l ~ ~N rn C: rn '"" <,Fr </) <J) Q) C: ..., Q) tF;- ro 00 ~ ~ ',:j C: ro Q) ~ 00 C: g ·a Q) ~~ Q) QJ ro 00 ~ ~ </) "1-, Q) u \£l 0 ~: Q) u-< .s;.. «)! Q) I-< u ~ >...0 ',:j ~ v > <,Fr 1 ~ ro ~ 0 -;;; ..., f-, \ . (\J C"'\ ..::t (/) Q) .i ~-4, ~\ 1 ro 0 ct \ ~"-J, V'. ~ ~ ..::t ·s "8. 00 QJ ~ t+-01 I-< Q) C: 0 </) ·.:: 0. ] I-< I-< ro </) u <J) I-< rn ..., ~ ~ ~ ~ ~ : o! ! flit : -......i tF;- ....... ·@ µ_. - Q) Q) </) \;~I~, J</) Q) \ :s\ -;;; ~ C: >;:I rt"\ 0 ,...., ..., 0 rn ',:jrn E c: E 6 C: st -..::t:a E ·-..., 0 t! ;:I . ~~ µ_. ;:_j~ Q) QJ ' 't'?,' tA- tA- d ~: ~,: ~jl,ij I <,Fr l ; tF;- Q) Q) ·"' I-< Q) u iS -< en - </) ......................................•................................................... , on the ........................ day of .... ..... ..... , 19 ........ , at o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void, otherwise to remain in full force and effect. ..., I-< ;:I 0 Q) u u </) ·p ;:I ,...., ·.:: -;;; f-, C: u Q) Q) nJ 00 </) ~ ·;:I C: .!<I ;:I µ_. ,...., </) -~ ..., </) µ_. Q) ...c: ...c: ..., Q) 00 0 ~\F Q) µ:; C: "v ~ C: ·.:: rn ...c: ..., ...... .:.2 ..., -~ u C: ..0 Ct! I-< <lJ llO ·.:: E E ·s ...c: ..., -;;; Given under my hand this, ~ z ~ µJ Cj 0 ::> 1--) C: 0 0. ;:) �-----AFTER 5 DAYS RETURN TO -- --- -- - DRAWER 670 MARION, VIRGINIA \ \ Mr. J. Robert Switzer, - Clerk, Circuit Court of Rockingham County, Harrisonburg, Virginia. �-- ... �Trial Justice Criminal Court Docket No. Com1 th v. Chester Pence All' Trial Date at:raigned II I~ .. t./1 date / (- I Cf - 'I-'f �TJ 3 AW1 �2 c/ d i . Docket No. COMMONWEALTH of VIRGINIA ) vs. ) Felony (att. rape) ) On Warrant CHESTERPENCE _,W,.,___, •._____,_,W~--Wha==r,_____,t=-=o=n=----------P· Own 1949 Nov. ( ) Appointed 14. Indictment &c. waived (in jail); arr. & plea n.g.; and com. to S.W.St. Hosp. for observation and report.½ 4 lf-Js~ / _,3 ,,- S:, I /f? ~f- d d. (x ) ,, 4~ ~4 ~ I ~~- ~ /c:/.J4i CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. l/ �� 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 Chester Pence Subject The topic of the resource Felony Attempted Rape Description An account of the resource Defendant charged with felony attempted 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 1960 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_002 Pence https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_011_commonwealth-v-cletus-garland-evans.pdf c30e7e5420cf6ad8d2e4e869854bc7b0 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 Cletus Garland Evans Subject The topic of the resource Felony Manslaughter Description An account of the resource Defendant charged with felony manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_011 Evans https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_007_commonwealth-v-daniel-h-hillard.pdf 69359f9eebaa9cd36e72812f9a8f427e PDF Text Text HIL:.L.EU), DiJ~IEL 11. 4/11/61 - nolle pressed guilty of reckless driving and fined $100 and costs. ��Comp. Form 18-A STATE OF VIRGI~ COUNTY OF_~_~~ TO ANY SHE Whereas, I ~/_ No ______ To-Wit: _ F OR POLICE OFFICER: ./}. ~ • (Name) ' These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the Lody (~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: __________________ color ____ Address --------------- □ ___________________ color ____ Address ---------------- □ __________________ color ____ Address ------------□ __________________ color ____ Address ---------------- □ ____________________ color ____ Address ---------------- □ as witnesses. Given under my hand and seal, this---2-~~:.. �STATE OF VIRGINIA-COUN1Y to-wit: OF --------------------, a Judge of the County Court Justice of the Peace I, that and ___________________________ __, in and for the County aforesaid, State of Virginia, as his suret have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of ----------------------------------------( $________ do certify ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth be rendered, yet upon this condition: That the said Circuit shall appear before the County, on the to Court Cou.oty day of --------------, 19__ , at ______ M., at ------------------~ Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that of ------------------------ the said --------------------shall keep the peace and be of good behavior for a period O·~-----------days from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. day of ________________ _, 19__ Given under my hand, this ________ Judge. J. P . ....,.., C: "' n, C: i:,..'8 p "1'l s· Er n, " c::, ">< B s· .. 0 ~ 5· z § p I 9 0 ,.,., Er n, ~ ;: ... s· .., . (n \ go QQ !' .... P'> p t i:,.. s- ..... 0 " (") 0 "T1 >-l n, §. s· 0 i-j 0 §. (") fil i;: V, C: B B 0 B B 0 ~ 5· p p ~ ...... s· ~ ~ p ~ (") ~ """ °".." .. .., "1'l n, n, n, > ~ ~ ti:, t ~ E ~ C: p e: .., ..::: i:,.. .., n, p e. i:,.. ~ 0 n, n, "' )!. "' " < ::;· 8 tr ... i:,.. < ~- °" s· s· F. ji" .,... .,... ...., i:,.. 8 .., p ,.,., 'O n, °" fti s- ~ p.. ti:,0., s p.., .., ~ ~ ., i:,.. '< 0 t Sn, '< (") 0 V, i-j V, 0 p go .... r � 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 Daniel H Hillard Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1961 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_007 Hillard https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_005_commonwealth-v-david-leon-smith.pdf 606dbe111311c01187caf7e0b7df603d PDF Text Text Arrest Warrant 6 The Commonwealth of Virginia,} T •t • gh am C ounty, o-w1 R oc k 1n To the Sheriff of Said County: Whereas, George D. Conrad, Commonwealth's Attorney Porter R.Graves made complaint and information on oath before me, on the day of_ ____..A._n._g..,n ...s....,t._ ___ ]6th lawfully did kill 41gn1ty of tl;ie ~~ and slay of said Co4?ty, has this day .l.x x(LJfflftx,ai&iiJao xait Trial T. J. or ,,19A..a_, in the said County, one Beverly Jean Smith, J. P. - \ • Justice , •")• ,.r <i'l!J!I! , feloniOu's1y'and against un- the peace and on.wealth These are therefore, in the name of the Commonwealth of Virginia, to command you. forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said_ __.,D£Jia ..vs...1-d.....,..L...,e .... o,..n..____,S~mi...._.th......_ ________ __________________ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this __ 2....... 1-B-t~-- Memo. of Commonwealth Name. day of Witnesses: Address �M 'ttet .. ., 8 ~..:i ~ g ;:;· B :r B RS!::,!!., o -::i.o: JUDGEMENT C) <. n Trial Justice Court ::, i:: ::, ~ ... ;;·n~>' :r ;::io..f n;o7, ~ ~ n :r ... i:: ., : ., :r;:i::, : ~ 21, 194! U nnn th~ hearing of the within cha,ge, .i .1 ll ~ 0 tliere tg n~fficient probable cause/an'ci the defendant is held for action of the Gr add Jury. _.. Criminal Docket A.__L • .: - -'- X il h ·eo-mmonwea t vs. 'NoA ~ /'f:;JJ-' :r ; Q.. ,.. a ffg l g_~ e:g-, ~ ::i ::, ;-s:o n ::, ~: { Arrest Warrant n ;#~~~ ~ ;; 0 .....1 ~ .g ! o. i o ~n ::r =g ~ g i ::t'.r' : O'"'n:P: ~2.""::,: n ::, :ro.; roOQ~ri>: ::, l""t -· Cl.~i ~~ before $.;~~ ':-' .. 0 ~OQ:::?. ~;~ 'r' Fine Issuing Justice's Fee $_._/, Trial Justice Fee $.....Z ..o..o. Arrest and Mileage $...../~--·~· Summoning Witness- $...... 3,.oo .. • lV>H, - :g r, "' i:: ... ~ Q.. ' S, rt ::r' . f .. Q.. :;i~l ~ ;· -,.. ! : C ~ l • ::r.-<: 8 !l -= : Q.. _____ $....................... . Miles travelled by officer Total mileage Trial Justice n, e, . - - :r ;· ~ IC) =n :r_ i::::, ~ o gg () Q.. =OQ OOSOt, ~ 0. o' ... S-Q :::i ........... ~ :r w :r O .,g,.. ::, n ()'ti 5·0 :.,-"; II> ~ "311QO: !!1. 0 ::, . n: : s· Q.. !l n_.~. ;;·::Sg-....,n n 0 ·i l""t .Io. ;;· n i:: ::, ~ " . g ; -<~n~no. 0. -·'ti : .,.. -· cn·o"": 5· P. 'tl::lo, 0<> o 0~1'>:r::, ~ 0 ~ '"" it o <.-n !!.. ., n ! " -· +- P 0. ! ; c.o: ::, :IIQ -· i B so : g. ~ : ... ~s:~ : g ;:: i 0. i ~ :rs i:::r~ ... r., O "9--so ::, "so : f; ::,II>-< ~ .. "" ... : 0 ~er soS:.s;: ;;· ..f'D(\) ..... '"" Officer's Mileage Miles carried prisoner tt B B ;· o~::,: $ ::," ~ Q c.o: :i-- :r (D" n Ul ! ll ;· 0. _ o.S-e:,~ B ;i ; Jail Fees ~ lJ,=v n Q..Cb[ ~-·~.,.,.. $...... -~_.£() 67 r"' ., 0 i,9. (b5·,.,: 12,ZPkrAtll,'A,j,/.. ruo - - - - $ /~ ~dn a.· S-g~; "::::. , 19~ , ,,.-and Mileage $...../ ::,"01"'1 tp day of -7"T';op. -~,~~, ~ Commonwealth's Attorney Total 1,./ this ~.r. $....1~.... r:::-<o ~: o o .. Cler~'s Fee Witness Attendance :,:,. S--------·---···· ··- ., ::, n ~ ~ := i.~; If .. •! i "' 0. 0 ID 17' '"' ! g :;·"1 ::r'""4 ~ ~ : !"' [':rg O O O t ::,e..:r~ ~ ~ : O.n : S.5·1-1 s-; ~ :-l J;.,u_ ~ : :,,. -< ....... 'Tl ~ 8 ii z B ., w ~ : '!- ' n ~it. ·e: !!. n l""t: ;.~ a-i 17' ; ~ C) ~ ::i ~:-i s· 0 ~ 8 g i ! ' g. -· ..... ::i ~ ;fo i:"o ., o ; ...._ -< n "' i:: BS-. ..._o i oa:C: r.o ::, : :;-5-~e.;. l .... ,....n Q..n ! ~ ::;· n D) Executed the within warrant by arresting and delivering the body of n,; B B ff::,; S-i X :ri:: n: 8 0 ::I~: ;;~~~.! :r· ! "' o'~ 1 g g;::§.i .... o, n ::;'O 0 ~ -· ... ... :r .fl-3 ~~...:g; 0 0. > ,-j 'Tl 0. :r <. s· n -· : ttl : __;· ~ IIQ :r. <g·olf::i! oo.ff: ~ ;. ::, ., ;~ .P-"g~ 0. s· - OQ 0 - '""<: -< ==~ ::r'Q..: en --l <: ;; ::; .. ~., ~ Q.. ~.:"'11i "" ~= ~ ::,j sept. ~ ~ ;.::, ~ o ..... - C) I ~ ~ �·ocT 1941 ·= T, i I( I , .... COMMONWEALTH VS. ) Felony ~ (mans.) DAVID LEON ~MITH / ,"'-d~ I); 0 ~, t; ~114 ~5-- ~t- ()~. j,,~- - M"?';;;;;p;~-~ 7_,.,---;,r1 #1 ��In the Name of the Commonwealth of Virginia: 0 &h: You a,e hmbv commanded to summon 22_::::t~r..; ~~ .....l.ftA ..:....s1:~~., ..... ~~·••· ~~ -v-::::: ...:b.tr-F--u-J->:~.... ~--~·.·:::::~::::::~:::::::::::::::::::::::::::: ~-::::::::::::::::::::::::::::: ?.I~.: ..... ~~J···lr~ 1l~··T··•··· ..... C:t~~.:~.~~~~~~::.~:::i :: a.~e:~c~oc7.e a~h:~u::et:::z-1~1: to.tcstify.and·the·trudlt······~lfp~-···················································· who stands charged with and indicted for a felony rQi!idemeeao£. And this you shall not omit under penalty of £100. And have then and there thisWrit. Witness,). ROBERTSW~C~kof day of.•••••• ~---, THB SERVICE PRBSS 19 out ~t"• , and m ilie }:=~~letk at the Court House, _ tl,,,../:1'-.-':it,._, �1~nt V ~~- ~~&- �o place ma, ,g + ~ £ f.2~ .,1 abode, Executed ...../ r: r UbU 11 t) - t:2 (L-:___ J:1:..£____ .by deliver! 1 :=::~0--J--C,,-U. usual place of abo~ his family above th,.,e ~ ...... L&,l,U .. -~ .) r l-f.'.....(....1ALA.qf><J <116 years, and explaining t w J:i.d '"her.£/), - ~ ~~.-(i~~ ·,c,fr,~. ~;..~- 4:f _, ~ .W~ "'800 r,f abode, Executed.~ true oopy of thla ~,..,.,Mt~ :i t t ¥:" on, uaual t,10:aeof d ,d~J.Ohl... hi'a family above the age or 16 .,, her, t ')1.L&. ..:tr1---~~v a .. ....., a.rs, d explaining J. iJ. /2J.i?'-1:, ~ the purport-ther.or A ~/XQ.~-~ place of abode, Executed _ _._.... ...- .................. ,........... tn>e COPY Of thl• ~ i) I I\ r }?J.,v>~ ~• . usual place Of -JM... II la '- ll).. ~JA,1.,,,+ J.o *Ina ~s::;Efhf?Jit ;;:,• a member o< purport there,' ,f ��COMMONWEALTH VS. ~ ~-<,e/LD .J,...Q~ DESCRIPTION OF PRISONER Last known add,e,,_________ ~+_U--~1----------------------------------------------------------- ~-~ Color_ ___ _g~ Height_ ______._,2~_=-:-7 Eyes___ #-== Hair_ __ Weight_/.:J-2~-- Marks __________________________________________________ ~_f _____________________________________________ ____ Age _____,.q ___________ Occupation ____..--C..::::::. _ ~ -----··----------------------------------- Date of Trial ___/~ 1--r Resuk ___ 1<1-/¥ Y- _________________________________________ _ _e,,t-..4£ ------------------------------------------------------------------ ��,4 If 38 Report of Witnesses for the Commonwealth Month ol~, Whose mileage and attendance 19/1! were not collected by t~l Jujice before thfJ!nd of said month. '-:/"~ -o R,'A_~ - ••a~ er,I -m', Fel. Pro. or Misd. WITNESSES ~ •,,&~~ (f~ ~ }._ J?-·.'!A ~ (f~ ~ ~ k_._ u ./1il:-~ -r {/' Days Attendance .._, ~•- a _/. ___ _j?LJ Miles , -:-_:al Justice. 'V- Mileage Total I Com. vs. •-Gf~ 2. 1,1= __ - I f Date I •S-o I ,..r1J . . I ,S-o /e, ,S-Q 3. t. I!) fJ / .r - - 4. 5. 6. . .. • Com. vs. 1. 2. 3. 4. 5. 6. All witnesses summoned for the Commonwealth shall be entitled to receive for each day's attendance fifty ~ents, all necessary ferriage and tolls, and five cents per mile over five miles going and returning to place of trial or before grand jury. (Sec. 3512) ��DEPARTMENT OF STATE POLICE A"4• i rr----~-:::::--~----:--~----------Date are hereby summonsed to appear before: _ /. M-----'-'-""=='-..,_!........>~---'~..:..._--"'-L..:...,--...,..,t:...;....'-'-.=..~----r-+---YOU Trial Justice ') / ,;; N<! 158148 /J 1.I. of If /?ISP/V -+,,-..<-L----'-..:....;.--(-P_la_c_e to answer for Violating the Motor Vehicle Laws of Virginia, to wit: Reckless Driving D Improper ~/J/!/S'LA !A ~r/,✓~~ /SNl~~ .,__o_f -T-'r-ia-1)_____ c,n/Jf4C,(Date? J//~l;t Exceeding Speed Limit D ~'cloc No Operator Chauffeur License '/ Defendant ________________ Address _,_·---------,,,_,_-=-------=--=---------------Oper. or Cllouf. t. J .It/ _ '::> / Lie. No. /re Vehicle License No-=-fO __ t,..__,v __ '""~~--•-- State Police~~~--""~-""'~"'-(,.::....._,_,,-"------,------Sec. 120 Chap. 342, Acts 1932. Failure to comply with this O/ ' summons constitutes a separate offense. Shield No ~ ff~ 3 /_/ (Address) } D □ �Leon Smith ____________ Clerk Trial Fine David A 1438 TJ �Wi.ui.es,,;Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You ar~ her by comman·ded, in the name of the Commonwealth to appear before the Trial Justfre Court of said County, sitting in said County, on 21st _ Harrisonburg, Virginia day of___ s ... e,.p .... t...,•----• 19--Aa, at the hour 0£.__....,3.,__,g&it4 .---------1111 of that day to give evidence in behalf v. at of Virginia to summo ..__________ m_•-i ... b._,'"""><..,.,,;='11'---~;~J=·~'-/~)..__ _________________ of.__Qo ___.. _ �Trial Ju~tice Cqqrt I 'Y ( ,:__ ...,/,.,, • • t 4 - Doc~el -KA.1438 Oom,'th V ( . . ~-Witness • Subpoena t David I ,eon Sm1tb .. �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in,~h~p~monwealth Norris Bradford, Jr.M-1'- llun,_=Hi=n=t---=oc.:n:i•---.:.V---=a::..:,,.:__ ____ ---.-,____ v· Panniqton, of Virginia to summo R-2 D117ton, Va. to appear before the Trial Justice Court of said County, sitting in said County, on &l•' day of SQ • ;i..o .~ at.___________________ , 19 68, at the hour o,£,_ ___ _ a_a ________ of that day to give evidence in behalf o,fL _---'-':;;,_;_-' .:.:c--'--"-'-➔•-'-'-''---"'-:t..,_/-'-!-____:, ________________ v. Dav1 d Leon Smi\b ,.__ _ _ �Trial Justice Court --~~Docket • ... No.'4 ( V. ( Witness Subpoena ( • 1431 �Witness Subpoena ,,.. Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hrreby COtlUJlan~d, in the name of the Commonwealth of Virginia to summo •.._________ _ ll:.Me,1nSt •. ~i, Ve.• ~ym.ond Webster Hbg, V.., Davfd (pBalSb,~ S\4U' Route Hinton, 1-e .... _,_/-....... /~,,....::~"-"'? ..... v=J--=-t'-=----------illiam Jose-ti R-2 Da ton Boy, Pov.tell• to appear before the Trial Justice Court of said County, sitting in said Cpunty, cm ~21E]t - day of se»t o at Harrisonburg, , 19--48.._,at the hour of DX of that day to give evidence in behalf 0£...._ _,Q..,o .. .m.~\__.t ... h..,,.._1 '=•..,"""'·.,____.1'--t-'/..;..! _______________ V. Virginia 3t 00 P e:Mo ~"-- �-~ ~ ~ ) , ';('rialJqs ~c • e Co . rt _ --- •Docket ..., .N °- -A,..1'J.3fs .~· Com'th~ - . -• ~ • ,· • V. (( Witness ( ~ Subpu.eJJ.a § vid Leon Sm:1 th_ Da 1948 To Sept, 21 ,,/at 38(. . E l ti) : Q., : E~-i ;:J ~ . • 0 ~ ~ :::J • i>< --'i • w �\Vitnegs Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: J You are hereby commanded, in the name of the CoJmonwealth of Virginia to summo _,,::z:;1:_-:_: • ~ f ~~~~~•. ~bg, • to appear before the Trial Justice Court of said County, sitting ai:__-J:!llr.Jf"i:&CmiblLS'lli-lrl~l!41le----- 19 of that day to give evidence in behalf of--.-.,-,:.1f--T:r.:-------------------------- in the pending v. case of ----=:--~----:--------------------------------- Coa tb Dav Given under my hand this,--1M_.11-- ___ day of_._---4..__,.....,.._4---+-+=--1+-- �, Trial Justjce Court ( V. ( Witness Subpoena ( �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greedng: You are hereby commanded to summon ................... .........................................:-............................................ . ••••••••••••••••••••••••••••• .................................... .. •••••••••&"'••••••••••/•••••f-r••••••••••••••f"•••••••l'••l••f•••••••••••~••••·••••••••••••••••••••••••••••I•••••••••••••••••••••••••• X ... M .................... ,,-...._~ .... . .............·············································••#.,.••· ........................................ ··················................................................. . to appear before the Judge of the Cii:cuit Co11,rtof Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on tbe.K.1:..Jlay of........... ~.............. ··•········""""'-·····19~... to testify and the truth to say in behalf of the Defendant in the prosecut!Ptfof the Comm011wealth egllim ....................................... . who stands charged with and indicted for a felony wsdemearo,., And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBf,RT SWITZER, Clerk of 011,rsaid Q:>urt,at the Court House, the ........~ .............\ day of .................................. 1~.~ ......, and in the/.., ..... year of the Commonwealth. Clerk �EXECUTED~E ROCKINGH BYD . GOPY F TO __ I I cm �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 • • • to appear before the Trial Justice Court of said County, sitting in said County, on aJil day of---,,----...------, at.___ v. case of -------------------------------------- ...ii~liiiitiiii•;-'fl[ja;li!il 1....._. , ua1a1a ___ _ 19___ , at the hour of-----.;;;:a-=--s:r:~-,-""!"".""---:-":'"'""---- of that day to give evidence in behalf of----,,.-=-=---.::-=--------------------------- in the pending of Virginia to summo.~---------- �( V. ( Witness Subpoena ( �Trial Justice Court Criminal Docket No.!l:; /if:JJ}- Com.'t.11 v. Leon Snita to ~:31--4:8 1tt__.2Biit_ David ~--TS --- ~- ~o -~ EEK~~ t I To- '1- ?--I· Held for action 'i~ -J: P, J'1 of the Grand Jury. ��Commonwealth of Virginia: To the Sheriff of Rockingham to nmmon ..................✓. You 11rehereby com7.eJ County, Greeting: ............................ 1./ ................................................. . ....E ......E •....K1.a.er.., ....Dr......F..•...L.~...:s,:e.r.s....and.Harp.e¥..Allen ...P.ennington ....... to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a. m., on the ....llth at ~~9ock, ........jay of. .................. Oc.tober...................................... 194.8...., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... ............. againa.t .....DAV.ID. ..IJ!:Oli...SMI.TH. ....................................................................................... . who stands charged with a felony 11liM#llt'IIFNt. And this you shall not omit under enalty of £100. And have then and there this Writ. Witness, G ~• day of..S.e.p.t.amb.er ........ 1948.., and in the ...17. THE S~RYJCE PREU, HARIUSONBUI.G, YA. ~~. at the Court House, the .....30.th ....... �COMMONWEALTH -i .. I v. .i DAVID LEON SMITH . To October 11, 1948 at 10:30 a.m. J - -~ .~...., Grand Jury witnesses ..._ ~ \ ~: E § ------- fl) -~ 5 l i :::s i-,J ! g,J ~ ! -E '§ Cl •. �Commonwealth of Virginia, Rockingham County, To,wit: ...................,19 ..~.- ' ............................... surety, who justified to his sufficie~am~re .............................. :............................. /.V.. me,................ .....................................~ ......... ........ ........................................................ , of the said county of Rockingham, (J. P. or Ball Commlssio r) and acknowledged themselves to be indebted to the Commonwealth of Virginia each in the sum of .......·-···· ~...........~ ..~..........~...:............................Dollars, ... ~..~, ($./.{.! ..Q.. to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth of . Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition: ~ / , ,. ,, • That if the said................_ ...._ ......~.......................shall personally appear before the ~emt ·J C?u~r C • of Rockingham County, at the C~~~use T na 1 usttce s ourt ~FX.__ c9-{j' of th~.-.:-:.&.: of said County, on the .........~.- ~f .. .. ........day tr. ........... Term- tboHef, heing dre ........................day of .........................._ ..............- .., .. 19....., .., and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with the said charg_e, and then and thm answe, the Cnmmonwealth nf Vi.-ginia con~ .................................................................... whereof the j~ ~........... ~ stands "certain. ...... .. ............ ,- ..... charged, and be bound under sa~d recognizance until the charge is finally disposed of or until it is declared void by order of a competent court, then the above recognizance shall be null and void; (?therwise to remain in full force and effect. IN WITNESS WHEREOF, I /,k ......... _day hereunto affix my signature this_ ....... 0£............ - ................. . ···········~·········, 19..~ • ��1500 EAL/rJm Headquarters, Tenth Marines, Second Marine Division, Fleet Marine Force, Camp Lejeune, North Carolina. 16 November, 1948. J. Robert Switzer Clerk of Circuit Court Roekingham Co•1nty, Va. Dear Sir; Information is requested as to tne place of confinement of Private first Class David Leon SMITH, (5979?2), U. s. Marine Corps. This marine was recently convict~d of manslaughter by the Circuit Court of Rockingham County, Virginia and sentenced to two (2) years in the State Penitentiary. This office is in receipt of authority from Headquarters, Marine Corps, to issue this marine an Undesirable Discharge and the above information is needed to forward the Discharge certificate. t/r!- 0.1'Anr:>uM. f. ' HOOPta Major, USMC Comdg, Rear Echelon, Tenth Marines. -- ------- -- ---------- --- - ��PRE-SENTENCE INVESTIGATION Staunton, Virginia October 20, 1948 NAME ADDRESS Route AGE 4, Harrisonburg, Va. American MARITALSTATUS Single NO. OF DEPENDENTS None 22 OFFENSE Hit & Run and Manslaughter RACE White SEX CITIZENSHIP David Leon Smith Male OFFENSE On the night of August 16, 1948 between the hours of 12:00 A. M. and 1:00 A. M., David Leon Sm.ith was driving an improper lighted car on Route 33. He was in the process of ta.king Nancy Hoover to the Harrisonburg Hospital. Nancy was suffering with a sevem pain in her side and the defendant believed it to be an appendicitis attack. Beverley Smith and Jake Hoover were also present in the car driven by the defendant. The two girls were riding on the back seat of the car and Jake Hoover was in the front seat beside the defendant when a truck traveling west on highway 33 approached the car and a direct collision occurred. As a result of this accident, Beverley Jean Smith died and the other two occupants were knocked unconscious. David Leon Smith received a severe blow on the side of his head and as a result of this blow it is believed that he wondered some distance from the scene of the accident. PRIOR RECORD Only one charge was found in the court 1-19-48 Drunk and disorderly records in the Roclci.ngham County area. Fine $25 costs However, it is known that the subject lost his driver's a result of an accident with a Mason Dixon truck. FAMILYHISTORY $5.50 license in 1947 as David Leon Smith is the youngest child in a family of seven reared by Jacob and Annie Smith. Jacob Smith is a pastor in a Church of God in this vicinity. He also participates in some farming. The entire family has always resided on Route 4, Harrisonburg, Virginia. David Leon was born on February 26, 1929 in this vicinity. He lead a normal childhood life and at the age of six he entered the local rural school. However, he did not like school and gave it up at the 6th grade in order to help his crippled father on the farm. March 4, 1948, David joined the U. s. Marine Corps. He has maintained a good record while being a member of the Marines and is presently stationed at Camp LeJeune, North Carolina. At the time of the accident, David was on furlough and was stiying with his parents in their rural home. HOMEAND The home is a 6 room frame structure located in what is known as the Peak section NEIGHBORHOOD which is northwest of Hinton, Virginia. The house is in good condition and is very well kept. However, this neighborhood has a very undesirable reputation and is noted fur its' lawlessness. EDUCATION The subject states that he gave up his education after He left school in order to aid his crippled father. passing the 6th grade. ��David Leon Smith Page 2 RELIGION Although, this boy's religious intentions. was a young boy. INTERESTS & David claims that he enjoys such sports rather read than do anything else. ACTIVITIES father is a pastor in the Church of God, he has no In fact, David has not attended church since be as hunting and fishing but he would EMPL01MENT The defendant has 110rked for the various farmers in his community for the better pa.rt of his life. However, in 1946 he was employed by the Daley Brothers Shoe Company at a wage of $22 per week. This job lasted only sil: months. In 1947 he worked for the Harrisonburg Quarry at a rate of $.55 per hour for a period of six months. The boy is now a member of the 10th Marines and has a rating of Pfc. HEALTH The defendant has no serious heal th problems other than those that occurred as a result of the accident. His family is in extremely good health with the exception of the father who has lost one a.rm. SUMMARY David Leon 5mi th comes from one of the best families of a very disreputable neighborhood. He has lived with his parents the larger part of his life and al though they do not enjoy many luxurious items, they have lived comfortably and have been well provided for. This boy gave up his education after attaining the 6th grade with no difficulties. He is a member of the Church of God but does not attend. At the present ti.me, he is in good physical shape; however, be did suffer a seve:m blow on his head in his recent automobile accident. PLAN This young boy, who is in serious difficulties for the first time in his life, has presented a very difficult prob1eni. He has a very cocky and nonchalant attitude and seems to be very indifferent toward the offenses for which he is now charged. When questioned by the probation officer, the subject did not devu.lge the entire truth, in fact, all he did state about the entire affair was that he did not remember what had happened before or after the accident. He persisted in lying about the fact that he had been drinking be£-ore the accident occurred. Dr. J. S. Huffman of' Dayton, Virginia, who treated the subject for the cut which he received on his bead, states that this boy admitted drinking prior to the accident. However, Dr. Huffman further stated that it is certain that the lick that he received was the cause of the subject's wondering away from the scene of the accident. Since Smith is now in the Marine Corps, it would be a very difficult problem to give him any supervision as a probationer and I sincerely doubt that if he is dealt with leniently, that he will strive to correct his indifferent attimde. Respectfully yours, ~~~ MOC/rhb Sources: Mil ton O. Culpepper Probation and Parole Officer Court Records Dr. J. S. Huf.fllla.n Police Officers Parties involved in the accident Defendant Defendant's family Various Rockingham County citizens �'~ ' ~ V) .~ ~ .... ~ ~ v JJ ~ ~ ~ > ~ ~ ~- ~ ~ LD ~ ~ ~ • ~ rt ~ ~ t ' 1 . f'V... . . . �STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for Court oaths of said feloniously the peace did kill and dignity This E. E. Kiser, witnesses County,, do present 16th day of August, give of the State of Virginia, the body of the County of Rockingham Circuit their jurors that 1948, OAug~~ term, the 1948, upon in said County, unlawfully one Beverly Jean Smith, Allen is found upon the Pennington and sent against testimony of and Dr. F. L. Byers, before the grand the and of the Commonwealth. sworn in Court evidence. and now attending DAVID LEON SMITH, on or about and slay indictment Harper at its in and jury to �) JI/;).· Foreman· ~~ ; INDICTMENT COMMONWEALTH V. DAVIDLEON SMITH~.B E. Kiser A~len Pennington 0<"'Jtug1urt te·rm 1948 Felony Atrueb~ E. 7tnesses: //. {0· Dr. F. L. Byers Vl• Harper George D. Conrad Commonwealth's Attorney 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v David Leon Smith Subject The topic of the resource Felony Manslaughter Description An account of the resource Defendant charged with felony manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 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_005 Smith https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_014_commonwealth-v-david-thomas.pdf 7a57839bd7c493365da4ebffadcbba4b PDF Text Text COUNTY COURT Criminal NC?48561 Docket Commonwealth V. Appearance Date ?- ;2 0 - 0 ~JS Trial Date 9'- / '/ - f:, Y Y A ��-- .- W e. ,=-,,._, -P C0-J--l-,~1 ANi:> The 2 --- ---- - - ... .:Z:N d1G y E Jt'.lK 6 [) AV , O (_ ,Lo,., ihh1/d1:V1 {e ynp~ 1~ ,q,S +-h (]. • l~ t2Dy ,::-,eye_ r-\ •VD Pe ,v , ;- , + y, eJV 0 i,- 14-.S (!,),;4~'(00 J-lI cS .J-,14-1'1 pu1i14£m 1 + ,- -+ e~ w~~. ~~ ·1- cieEIVlfr>J + 0 N L ti w !="llt.. lvJ �I I l I r �I - - -----...::-- - - -- Davj.d_ Thomas ��COMMONWEALTH VS. A(~ (!) nJ t~, DESCRIPTION OF PRISONER Last known address Color~~~~ Date of Trial __ _¾~0...c.__,_7_ Height S- ~~L..=:>,£d~~"""-"~---b'"P=~__L_M_:..s~~~~~~~,~¾'.:.......:'.~~, 1 2 ¼,_ Eyes~. Ha1r.v--(...,C...L.~/--- 22.---=----=~""-"""--.....__,/"---"tJ<=----r,-+-/-49'-'&..,.__~-F----------------7 7- Res u 1t --------------------------------- _ We1ght.~,A-~:.,L--"-'v'---- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded ---------------------------------------------------------- County, Greeting: to .summon ----------------------------------------------------------------------------------------------------------------------- Roy----------Fry_e - Route 2 Elkton -------------------------------1--------------------~------------ Virginia --------------------------------------- --------------------- __-------------------------------------------------0 ff ice r __H_.___ B_.___ Myers ___________ .------------------------------------------------------------------------ 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 19-:t;:_b __day of __ Q~_~_QQ_~_r ______________ , 19_9_4__, to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against--------------------------------------------------------------------------------------------------------------- ---------------------------------------------------David __Thomas _____________________________________________________________ _ who stands charged with ~libftelt:XHJKa felony misdelUeXDIK'. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ___ _8_t.b__ of ___________ Qc_to_b_e.r_____________________ , 196.4. __, and in the 18_9_th_ year of the Commonwealth. ~~~~.=-. Commonwealth's. ~~~Attorney --·-------------------·--·- �1:~i:C TED ,/.t1:-:/!.t(':/1N THf COUNTY rn= K j(t<\NGHM\ BY DELI ERi G A TR\J • . . . S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon &7 U.... ~l'.l.C?................... ..:S.~.rl:J~.ITlil.1 ..!3. 13c.lc3.(_Ft_~#.?-.~ . .:E.~~~·()·Il' ...Y.~.• .. St.anl.e:y ..Thama.s ....(.46.7...Ke.lle.y ...St .•.•...Har.r.i.s.onbur.g., ....V.a.•..)..; .................................................................... . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the l.0.t.l;kiay of .............. N9Y~.J:l'.l.P.~.:r., ...... the Defendant in the prosecution of the Commonwealth David County, at the Court House thereof, , 19.64, against to testify and the tmth at 9 :30 to say in behalf of ........................................................................................ . Thomas who stands charged with and indicted for a felony ~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the ..?l:lq ..day of .......N9.Y~~P.~.r., ..................., 19 ..9.4,and in the ..J.8-9:t~ ...year of the Commonwealth. �EXESUTED,,1:'-:P.F.'-'.'/.. . IN THE COG •• I R Ki GHM\ ~y DELl~E~ NG A T IJE COPY OF tHE ,/ C TO....O.◄•• .. I, ~ERS . ~ ...... ITHl;~ef~ ,,# ft../.-: • • ?~ ••••• A. T, WDEF:\1A.-.J ••••••. . . . . . . . . . . . . . . By ./. ~ ...././4 .J-H.: d ....... . •• •••••••• J S. R. C - .. ·-.·.•.• .• ~- S. r. c. Not f;nd;ng ....... ~- ~- place of abode, Execute ./ .. //-:- .. . . ................. jffe:-:o~pcL .••.. ot h;s usual ,?.--:. ~- ·u:c:uol r'-~'.:e of o'ood~ -~ .... , b!:'ing o m-2i,, ~r of his for ily above the cge Gf i 5 ye,:.r:;, c::.d 0 xplaini~g th:: pu:-:~or~ '.°.:::reof to her. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ....................................................... ~obert ...Blakey······• ................................................................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the .J.9J.b day of ......NQY.~.Q:}Q~.~·······• 199.4... , to testify and the truth to say in behalf of the Commonwealth ~m».k~xk:mm.:itmy, against .............................................................................................................. . ...................................................... David ..Thomas ............................................................................................................... . who stands charged with and indicted for a felony qi;_iltwmt<»-'Ut' And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..~~~ .. of ........~.?.:'..~~~.~.t ..................... , 19..§~., and in the of the Commonwealth. J.?.~~.b year ��I In the Name of the Commonwealth of Virginia: I To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ..................................................... Roy ...Frye ...- ...c_/o ...B.~akey .. Farm, ...near ..McGaheY.~Y.~~J~.,...Y.~.~ ........... ..·········4~ .................... ~.~E~.~.~ ...~.?~E.~ ...~ ...?-~~....~.?.... ~.~½:~.?~.J ....~E...'?:l.C?. ...~~·~·;·~···g!:1.~E~.Y .............. . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ~Q~.b .. day County, at the Court House thereof, at 9:30 of .~~.~.~!'!l.~.~t........... , 19.§.4.., to testify and the truth to say in behalf of the Commonwealth ~~&KatidXJUtY, David against .............................................................................................................. . Thomas who stands charged with and indicted for a felony l».4.maneutoc. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ...JI~L of .....Nml.e.mb.e.r ........................ , 19..6.4.,and in the ..189.tb year of the Commonwealth. �EXECUTE!#' -.f-✓.f .. IN THE'COUNTY OF ROCKINGHNA BY DELIVE ING A TRUil COPY OF THE WITHIN. .'?L{lrz.:~ .. &i--il~.., ...., ....,.. TO IN f> A. {l' (/ . . . . . -~-... !~~~9~.~-~~ ... $. R.C. By .er...:du-n--1/.v.,.. . .·R~ rv:_. EXECUTED~ .•f.""¥,f:IN THE COUNTY Of! ROCKINGHNA BY DELIVERING A TRUE COPY OF THE WITHIN -~Kk-7 TO /.J~---t... ·IN !"~ON. • • • • • • By ..... ~~- • •• • 'JTRAWDE~ M/lr ... 7' • •••••••••••••••••• '?.',:.7✓.f~:z:<.:. 1~. ........ . S. R. C. D.S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Officer H.B. Myers - --- --- --- - - -- --- - -- - --- -- ----- - --- - --- --- -- - --- -- -- . -- - --- - - . - ---- ---- - -- -- -- -- ---- -- ----- - --- . - .. - -- -- . - - -- . - - - - . - -- -- -- - - - - . - - - - - --- . --- - -- - . -- . Elon Rhodes - 366................ Effin°er St. 0 ................. ······•·······················••································································· to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth .~9.;~.day - - --- -- -- . -. --- --- - . -- --- - - -- ---- - •---- --- -- -- Harrisonbur , ...............................••. Va. , ..•••••••••••••••••••••••• County, at the Court House thereof, at H:30 of ..~~.Y~.~.~~E........... , 19..§.~.,to testify and the truth to say in behalf of the nomc:the:xfmmibdm~ against .............................................................................................................. . ..................................................... David ..Thomas.......................................................................................................... . who stands charged with and indicted for a felony ~ox. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the}~9 .... of .........~.Y.~~.~.~:'; ....................... , 19.~~..., and in the of the Commonwealth. t~9.f.~. year �'lN,HE ~C;q.1:JNTY OF S. R. C. C, ••.... R. D.S. R. C. T s. D. S. R. C. ..... ~~- BY DELIVERll:>lG 'A TRUE £XECUT~-:-~-?y .. • ROCKINGi-➔AM l"O 'I t)(~CUT c:~r / ~-~ 7 IN r ••-.. -k'j~!G AM RV /"rice, I I r-.\__, ·.._' " TO~~ WDEK -~';;P P.?_,,_... ~. • • • • • • • • • L./ B~ �In the Name of the Commonwealth of Virginia: Page To the Sheriff of ~~lf~-K County, Greeting: You are hereby commanded to summon ---------------------···---------·----··········----··--------------------------·-----·-·-----··----·--··----·---·-·----··• ·--·-·----·------------··-·--··------·----------····-~~-~-~9_~ ___ ~_~~~-~Y.----:-._-~ll!~Y-~.--Y.~.~g~_~_t~--------------------------·:----·-·------ to appear before the Judge of the Circuit Court of Rockingham --------------------· County, at the Court House thereof, at 9:30 o'clock, a. m., on the ___ !.2.~-~day of ··---~-~~~-~!?-~E ________ , 19..~-~-, to testify and the truth to say in behalf of the Commonwealth :la.fi11mcthex6mmm~ against ---------------------------------------·-··--------------------------------··-------------------------··--- David Thomas who stands charged with and indicted for a felony misdJmixOOX!Jt. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the)_~g ____ of ····---··N".QY:~!}}9_~-~--------------·-----, 19_6A___ , and in the of the Commonwealth. ··-··-----~---~k_ ____...--- 1-89._tb._ year ______________________________ _ Commonwealth's. Attorney �F PAGE, VA. lk'~~l99)t'.JT_'i SHE.Rlf.13 �.0 0 T ,166 .96 .llO 6 5 7 7 .12 .0 0 .5 2 .5 2 6 26 6 .68 5 .5 6 5 .98 7 .5 2 6 .2 6 5 .0 0 7 .5 2 7 .5 2 6 .5 4 6 5 l+ 7 52 5 .7 O 6 .8 2 5 .0 0 5 .0 0 lLtO.SL~T ��Comp. Form 18-150M-2-l-63 I STATE OF VIRGINIA H~·-·risonburg City TO ANY SHERIFF OR POLICE OFFICER: J--r es 'It. Sipe Whereas, ~ OF No. _____ To-Wit: John G. leeke has this day made complaint and information on oath before me, -------------------City Justice of rhe Feace of the said ~. that _______________ _ (Name) _ (Title) David Thoras _______________________________________ did on the_4~t_h___ end :r.aliciously with the the corrit ;n+ent, peace day of____ an ess~ult him the and dignity J_ul~y'----------, 19~: upon Roy Frye, sEdd Roy Frye, of the in the said to r.·airre, Corrronwe~lth Unlawfully __ City ~ e_n_d_f_e_l_o_n_i_o_u_s~ly~ ci..tting hi..."11 with a knife, dis"'b- e, ~·1sfirure or kill, pgainst to-wit: b· of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of ~ County, the body (IJo:dicI) of the above accused, to answer the said complaint and to be further dealt with accordifig to law. And you are also directed to summon: color ____ Address color ____ Address color Address _________ color Address color Address ---------------- □ --□ _ ----□ --□ as witnesses. Given under my hand and seal, this __ 4'-t_h __ .day of___ ~~---,-r+-ul--"-y------=---, ~j_~ t~ Issuing Officer) JUSTICE OF TP"E -E CE (Seal) �,.., .,_. V V r., STATE OF VIRGINIA-CCTU.N'DY I. ____________________ , • - Qf , ·• r• ( , .l=-."\ r• __________________ : .e a _ to-wit: Jiiage::Of ::me'Couvty ·O:>Urr in and for the S::£~"!r(aforesaid, Justice of the Peace • - State of Virginia, do certify that Pi,~nces ·011-- and __________ , •-----~•-------------, to the Commonwealth as his suret-~'•---, of Virginia in the sum of .J have this day each acknowledged .JD-- --- -- ------ • ), to be made and levied of their respective goods and chattels, land5, and tenements be rendered, yet upon this condition: That the said __ D~--'--~r~•~---"~"'~--------, of ____ ,_~_c_:_-_i_'_"_'_·_,__;_, ______________ County, on the ____ - --- _.;:._-Dollars to the use of the Commonwealth shall appear before the ,,_0_t_•_-, ___ themselves indebted day of ____ :::ti~~pit County -"~--~--------, to Court 19 ,,-~~, at 2 ...., M., at r', , r ' 'r• ,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 r. the said -,---------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. ,days ..;_,, Given under my hand, this _______ _ m X () "Ij ~ n, o II) s· n, (") s. n, en o (1) 'D c+ c.. I--'· < (l) (1) ~ (1) ~ g.~ t-i p.. (1) I-' t-i '-0 ~~ •[ p.. c+ ... ::i- n, • ~ I--'· (/) I-' g:~ p.. ~ 0 H;, (") ::r- .., p, oq ·"' .... ::t> ::, c.. .,0.. 8 '< 0 'O n, .,::, ~ O"" n, - §"' n, 0 S- n, ~ n, g: g Q 0. "' .., Sl ~ 5· g. (IQ r �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the ,Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth of Virginia to summon ________ Roy Frye EL-~toJv R.ourE _ {t;.).., to appear before The County Court of said County, sitting at Harrisonburg, Virginia, m said County, on 1 4th day of September 1~..!±__, at the hour of 2: P • M. f that day to give evidence in behalf of_ __,C....,.,..__w.... ____________________________ m the pending case of ___ v. __,C="-'--.,._._ _____________________________ David Thomas Given under my hand this,__ 2_2_n_d ____ d~y C:~---.....,..~------ _ _c,_ �The County Court LL UJ 0:) 0 ~~ C'. C'. <./) l/) z<( :) Docket No. Com1 th ci ol'J 48561 Uz UJ- Io::~: IUJ ~g ~ ~ I , •·fu t:~ ·~ ' ~<( OI UJl,9 t-z :)- u~ WU 0 WU::: t~ :• > r . p ( V. ( Witness Subpoena ( • : w'h· ... I I- LL 0 >Cl.. u 0 David Thomas :z. ~ To: ·UJ 2: Po Mo ·GL. Oz I-_ 9-Jl--64 >, a.) �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth Williams - Greenwood - Elkton, Va • Harrisonburg,. Va.. Rossie Burge,ss of Virginia to summon ___ Elon Rbqdes - Sterlin~ __ _....1~4=th....__day of September to give evidence in behalf of_____ - 366 Effinger Street to appear before The County Court of said County, sitting at Harrisonburg, T~o-m-m.......,y,.,__ __ _ Street - Harrisonburg, Virginia, Va. m said County, on , 19_6_4_, at the hour of__ ~2..... •..... D~D.,___.P_, ...,M...._, _____ ,of that day D_a_v_1_· d_T_h_o_m__;a_s"------------------------- m the pending case of -------------------------------------- 1 Commonwealth V. David Thomas Given under my hand this 2,0:..Z Clerk Asst. Clerk �I . 0 z ..... ~0 S. R. (t .:: ro <I) p.. 0 .c, ::l U) (fJ (fJ .:: <I) .-:: '-''-''-' :s > .M:,~ Ul 0 ctl :> •r-i ~ 'O ..c 0 s ctl not found ~~ D.S. R. ~) ..... fX!:CUTfr:)~;:---!f.-F f1N .THECOUNTY 0 BY DELIVE~NG A TRUE ..... ~I " <I) u ..!.: 0 ~ I. ..c +'. cd (l) ~ ......... "0CKINCH.A.M TO IN f')ERS0N. 'in my bailiwick ~ ....... ~ ..... ... ::l 0 u >-. ..... .:: ::l . 0 u - <I) ..c: f-; s s 0 u h _ ... S. R. C'.· Deputy Sheri ff S. R. C. ........... EXECUTED'.7-/CJ-• ....... I . . IN THE COUNTY OF ROCK1NGHAM BY DELIVERJNG A TRUE COPY OF THE WIT w~ .... . . . . . . D. S. R. C. �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors October of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said County, David Thomas, on or about of Harrisonburg, Virginia, weapon or instrument, did then and there him, the said Roy Frye, against with a knife evidence. oaths present that 1964, in the City or similar and feloniously ·the dangerous and maliciously and wound one Roy Frye with the intent then and there the peace and dignity Upon the evidence witnesses upon their in now attending the 4th day of July, unlawfully cut, Term, 1964 sworn in open court to maim, disfigure or kill, of the Commonwealth of Virginia. of Roy Frye and Officer and sent H.B. Myers, to the Grand Jury to give �¥ ,o f.a. INDICTMENT Attorney COMMONWEALTH V. DAVIDTHOMAS James R. Sipe Commonwealth's �COMMONWEALTH V. THOMAS INSTRUCTION The Court in this the case, four injury; if warranted following (2) battery; instructs (4) is committed iously and maliciously causes thereby Unlawful bodily maliciously, or kill under by the evidence, to-wit: the indictment you may find (1) Malicious wounding or injury; further injury other. that (3) one of wounding or Assault and 1ot guilty. You are intending the jury verdicts; Unlawful I instructed when one person bodily to maim, disfigure, wounding is committed injury to another intending thereby done to another malicious unlawfully, wounds or causes either such other. that Assault in an angry, wilfully, injury disable or kill and wilfully, to maim, disfigure, and battezyis rude or insolent any physical manner. felon- to another, when one person unlawfully either wounding or such wounds or but not disable injury ��COMMONWEALTH V. THOMAS INSTRUCTION---The Court or "malicious", instructs as used in the crime used in a technical includes sense not only anger, and unjustifiable with an evil as carry social wrongful It is not confined It from any wicked bent length at the time of the wounding The Court another with a deadly to the contrary, weapon, tells to ill the malicious It to to denote done such circumstances regardless Malice just of means a cause have existed come into or excuse. for any existence or at any time previous. the jury the law, is unlawful will motive, of a heart may first or injury, further imputes with on harm. should of time and it but every is intended without malice cutting, or implied. and corrupt attended done intentionally, that but indication and deliberately is not necessary particular persons, in them the plain act of malicious and revenge, mind and purpose, duty the word "malice" hatred motive. flowing that and may be expressed any one or more particular an action the jury that where one wounds in the absence intent. of evidence ��COMMONWEALTH v. DA VI D THOMAS INSTRUCTION The Court from the evidence with a dangerous evidence being the accused, mere the jury that although in this case and deadly and struck that the accused weapon, that he, the accused, assaulted actuated instructs acted by Frye and that the accused, by antecedent malice, NO. cut the victim yet if you also believe from sudden and others in wounding then you cannot fact alone that the wounding you may believe passion without Frye from brought the about by fault on the part the said Frye presume was done with a deadly of was not malice weapon. from the ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court instructs in this case that the accused, assaulted by Roy Frye reasonably persons appear life or do him some and impending, to stand injuries. manifestly bodily then the accused his ground, or adversaries David Thomas, and other great repel --- the jury that if you believe to the accused in the crowd NO. force persons without with such violence harm, and were as to make it or any other endeavoring and that the danger was not bound to retreat, with fo•rce the evidence fault on his part was at the time that Roy Frye intended from to take his was imminent but had the right and if need he kill his adversary to save his own life or prevent his receiving great bodily �' ' .L �COMMONWEALTH v. THOMAS INSTRUCTION The Court proved of self-defense, upon the prisoner; the right reasonable but only reasonable exercise the burden of self-defense doubt, doubt as to whether as that can rely purpose weight the jury a or not such all of the consider for the Commonwealth further tells there in the attending the jury that or the circumstances circumstances as to afford for believing indicative existing, the defendant, there to do him some serious of carrying thus such design the prisoner attack. or of a present The act so must have been of such a on the part harm, and that into peril David Thomas, reasonable was a design bodily before must be some present by Roy Frye to make the apprehended character not beyond of the evidence, whether that upon in the lawful should in the case, rests relying in the minds of the jury And, in determining upon self-defense something such defense such defense, or not he acted upon for the accused. The Court danger of raising is relies upon an accused nor even by the greater and circumstances as well of proving is to establish to the extent where an assault and the prisoner resting has been established, evidence that weapon, the burden of such right. defense grounds the jury by the use of a deadly the plea done, instructs immediate there of Roy Frye existed:imminent execution. ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court cases, instructs the accused's in his favor beyond a reasonable If, therefore, witnesses on the prosecution doubt, --- the jury that in this case, plea of not guilty and places NO. raises a presumption the burden and not on the accused upon a consideration and the circumstances minds of the jury a reasonable should find him not guilty. as in all criminal shown in evidence, of proving to prove of the whole case, of innocence his guilt himself the testimony there exists doubt as to the guilt of the accused, innocent. of the in the they �L. j_ �COMMONWEALTH V. L THOMAS INSTRUCTION In considering its burden doubt, of proving the Court which is imaginable instructs sible doubt, guilty beyond reasonable you should not overlook doubt is a and is not to be confused with A reasonable for the law does not beyond every imaginable, say that a man conceivable or pos- doubt. In passing charge, sented able that meaning. on reason, or possible the Commonwealth has met of the accused the jury nor its founded must be proved or not the guilt the work "reasonable" doubt whether the jury upon the must limit at the trial inferences of this to create inferences from lack questionable material consideration case, of the to the evidence including the natural The jury pre- and reason- cannot nor can you go beyond the jury of evidence, proof fact doubt, of the proof go beyond such evidence of guilt. Furthermore, arising its to be drawn therefrom. such evidence to find sufficiency should and not a mere doubt in mind that any doubt testimony or from from conflicting of any particular essential bear fact, to the proof concerning should be a doubt of the guilt immaterial of a of the accused and nonessential cir- cumstances. If, after ot the evidence, to prevent then If, conviction your minds are you trom reaching the accused, consideration a reasonable and honest left consideration in such a state a convinced belief the Commonwealth has railed on the other or all tne evidence or the truth beyond a11 reasonable hand, after ot tne cnarge, doubt. you are ot doubt of the guilt to meet its an impartial in tne case, of all as or burden. and reasonable you have an abiding tnen satistied ��COMMONWEALTH v. THOMAS INSTRUCTION The Court witnesses instructs is a question appearance exclusively of the witnesses on the testifying, the reasonableness mony, their apparent ligence or lack the jury candor speak, the parties, any, the interest circumstances appearing determine the relative accordingly. appear, which witnesses weight the jury; stand, their manner of of their their the relationship on the trial, intel- of the witnesses of the witnesses other the jury are more worthyof of any such testimony testi- apparent of the witness and from all of and from the the opportunity they ifaiy for and fairness, to know whereof of the trial, the credibility and consistency of intelligence, if that to in the result surrounding has the right credit to and what is and to give credit ��COMMONWEALTH: v. DAVID THOMAS INSTRUCTION The Court accused to be innocent indictment doubt, until he is proven and to the exclusion throughout having heard of every case, all of the evidence essential their to prove duty to give the accused guilty. Mere however greater suspicion strong, wright indictment, doubt. the charge of innocence at every in the case, made against the benefit such evidence consistant goes with the accused stage thereof, and if, the jury have a reasonable or as to any fact it is of the doubt and find him not to convict, of the guilt of the accused, nor is it sufficient of the evidence amounts in the him in the indictment, or the probability or preponderance the all reasonable hypothesis upon the whole case, is not sufficient unless as charged beyond reasonable and applies doubt of the guilt of the accused guilty by evidence This presumption the entire 9 the jury tm t the law presumes by the Commonwealth, with his innocence. after instructs NO. supports to proof beyond if the the charge every in the reasonable �' l i .1. .I, �COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court case is a mere of itself, himself instructs accusation any evidence to be influenced of the indictment against of the defendant's in this case. / U the jury that the indictment or charge against NO. the defendant, guilt; the defendant, in this and no juror because and is not should permit or on account �L �COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court David Thomas, of malicious in the indictment, a reasonable kill Roy Frye. instructs the burden f NO. the jury that in order stabbing or unlawful to convict stabbing, is upon the Commonwealth doubt that the accused intended I to maim, the accused, as set forth to prove disfigure, beyond disable or ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The jury is further doubt as to the grade of the offense it is your duty to resolve lesser offense. guilty of malicious As an example, wounding wounding. guilty of unlawful wounding of assault of assault and battery. and battery, ~ that if you have a reasonable of which the accused the doubt to his benefit guilty of unlawful guilty instructed NO. / may be guilty, and find him guilty of the if you have a doubt as to whether or unlawful wounding, you should find him If you have a doubt as to whether or assault and battery, you should If you have a doubt as to whether you should he is find him not guilty. he is find him he is guilty ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court case by a jury, the conclusion true after of guilt before after a conviction of the crime. having consultation with his fellow it is his duty not to surrender or as to the degree the jury entertain as to the degree. no place for pride differen other, and with open minds convictions, and, agree :i; convictions of- opinion to discuss fellows, of guilt, The jury are further jurors their or as to the degree simply because the rest of or that the jury room is but that it is the duty of the of fairness to give careful if it can be done without upon a verdict. of the guilt of the accused, as to the guilt or innocence instructed in a spirit and a reasonable as to the guilt or innocence or obstinacy, the evidence member in this case, entertain his own convictions in true with if any individual all the evidence should minds Not only is this but is likewise Therefore, jurors, of a criminal of twelve can be had. duly considered doubt as to the guilt of the accused, of the accused, a concurrence to the guilt of the accused, to the degree of the jury, the jury that upon the trial the law contemplates with respect respect instructs No./) and candor consideration sacrifice with each to the views of conscientious of �'I (, '1 I 'I ... I J. .i: I ) J 1 C t ' ,. r ' l l �COMMONWEALTH V. THOMAS CHARGETO JURY If you find maliciously intent cutting the accused, and wounding Roy Frye, to maim, disfigure, indictment, you will twenty disable for a period guilty a knife, of unlawful charged, find or, charged twelve both three years nor cutting or of not less but a knife, punishment than find him as therein by confinement in one year nor more by confinement months and by a fine not exceeding in jail five dollars. but find find in the indictment, or by a fine such fine him guilty him guilty ment by confinement months, his in your discretion, If you do not aforesaid, by confinement in the indictment, say so and fix than hundred than with in the of maliciously and wounding with for a period not exceeding as charged of not less as charged cutting you will years, a knife, punishment him guilty the penitentiary five of years. If you do not wounding with with or kill, say so and fix his in the penitentiary more than David Thomas, guilty in jail then of either of assault you will for a period not exceeding five of the felonies and battery, say so and fix not exceeding hundred dollars, as further his punish- twelve or by and imprisonment. If you find him not guilty, you will say so and no more. ��Docket No ,/./'),,-:J / COMMONWEALTH of VIRGINIA /. vs. Indictment J Felony (fel.assault) ) DAVID THO:Vi.AS William A. Julias d. ~=~~~=~------~P· Own (x ) Appointed 1964 Oct. 19. Return ( ~"~')'---a{~. ~u ~ 11/197 of Grand Jury. Oct. 19. Accused arraigned not guilty entered; . lhu,10.~-&t~ ) and plea of set for Nov.lo. ll/;Cftf 'JC-- //---- .----o<0 g CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �""'-<.. .... .. 0 z z0 "' z< . • .. :t • n .. 0 : .... u ,, I 2.oo ff tJ 1,,-// "'Y;C, 0 ;JjtJd / 00 ,yotJ ;Jo _fLj ~e'o � 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 David Thomas Subject The topic of the resource Felony Assault Description An account of the resource Defendant charged with felonious 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 1964 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_014 Thomas