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Supreme Court of Virginia· 12/4/1884

White v. Commonwealth

Citations

  • 79 Va. 611
  • 1884 Va. LEXIS 120

Syllabus

<p>1. Criminal Jurisdiction and Relief—Continuances.—Motion for continuance rests in the sound discretion of the court. But where one is convicted and sentenced on an indictment, under Acts 1881-82, ch. 119, sec. 31, page 513-4, “for the first offence,” and judgment is suspended by writ of error and supersedeas awarded by this court, and pending such suspension an indictment against same one, under same act, “ for the second offence,” is called for trial, and defendant moves the court to continue the case until this court decided the case before it as aforesaid, the court below should sustain the motion and grant the continuance.</p> <p>2. Idem—Former Conviction—Qucere.—In a prosecution, alleging a former conviction, do not the words “former conviction” denote “final judgment;” and can they be predicated of a suspended judgment?</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where the defendant would receive an enhanced punishment for a second conviction, the trial court should have granted the defendant’s motion for a continuance until the appeal of his first conviction for the same offense was resolved
  • where the Court held that the defendant was not convicted of a first offense within the meaning of a statute providing for an enhanced penalty for a second offense when he had been found guilty of operating as a merchant without a license and his case was pending on appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Richardson

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