Supreme Court of Virginia, 1813

Crabtree v. Horton

Crabtree v. Horton
Supreme Court of Virginia · Decided February 26, 1813
4 Munf. 59; 18 Va. 59; 1813 Va. LEXIS 16
Crabtree v. Horton

Cases that cite this one

11 later published cases cite this decision.

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Opinion of the Court

The president pronounced the opinion of this court, that the court below invaded the province of the jury, in relation to the weight of the testimony, and the credibility of the witnesses, in having decided that, in this case, probable cause was proved to exist, at the time the appellee commenced the prosecution in the declaration mentioned, without having the facts, on which such question depended, agreed by the pleadings, or submitted to, the court by the parties or the jury.

Judgment reversed, and new trial awarded,

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