The case concerned a misdemeanor trespass prosecution under an 1823 Virginia statute, in which the defendant was convicted for taking possession of personal property that a bailee claimed to hold until paid for its upkeep. The trial court overruled a motion to quash the indictment for omitting the statutory phrase “but not feloniously,” permitted the discharge of a hung jury, and denied a new trial. On appeal the court held that the omitted words were not an element of the offense and that the jury discharge was proper, but it reversed the conviction because the verdict was contrary to the law and evidence. The statute requires a knowing and willful trespass without bona fide color of title or claim of right; here the defendant was the fee-simple owner who retrieved his property peacefully, leaving any civil dispute over expenses to be litigated separately. The judgment was therefore reversed and the case remanded for a new trial.

criminal lawpropertyprocedure

In Hunter v. Commonwealth, Frederick B. Hunter was indicted in Lee County Circuit Court for burglary of Nancy Rogers' house and for hiring Thomas Hardy to commit the offense, with Hardy having been convicted first. At Hunter's trial, the court allowed Hardy's post-arrest confessions (made in Hunter's absence) into evidence over objection, later instructing the jury to weigh them as if they were Hunter's own statements if they found a conspiracy had existed. The appellate court unanimously held this admission erroneous because the statements occurred after the offense was completed, reversed the five-year penitentiary sentence, set aside the verdict, and remanded for a new trial.

criminal lawprocedure