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defendantstatutetrial
defendantstatutetrialmotionwillmisdemeanor

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Bryant v. Commonwealth, 189 Va. 310, 53 S.E.2d 54

Facts

On December 13, 1947, Wilbur and Leonard Bryant, after consuming alcohol, hired a taxi to visit their sister in Buckingham County. They stopped at a small store where they assaulted Andy Smith, beating him and threatening his life. The brothers were jointly indicted and convicted under the maiming act, receiving three-year sentences.

On December 13, 1947, Wilbur and Leonard Bryant, brothers, hired E. J. Howell, in Charlottesville, to take them in his taxicab to the home of their sister, who lived in Buckingham county. Both of the Bryants were drinking and were ‘pretty full.‘ Between 7:30 and 8:00 p.m. they had the taxicab stop in Buckingham county about seven miles south of Scottsville, at a small store and filling station operated by Andy Smith. There were no lights in the station. The Bryant boys called Smith from his living quarters in the rear of the small store and grabbed him, beat him with their fists, kicked him, carried him down the road about two miles, brought him back and kicked him out of the taxicab.

Issue

The main legal issues were whether the indictment was sufficient and whether the evidence supported the conviction under the maiming act.

The first assignment of error is based on the refusal of the trial court to sustain defendants' motion to quash the indictment.

Rule

The court applied the legal principles regarding the sufficiency of indictments and the definition of bodily injury under the maiming statute, which allows for felonies to be charged based on the intent to maim, disfigure, disable, or kill.

The provisions of the maiming statute (Sec. 4402) make acts, which had theretofore been regarded as misdemeanors, felonies, where such acts were done with the specific intent to maim, disfigure, disable or kill.

Analysis

The court found that the indictment adequately charged the defendants with the intent to cause bodily injury, as it detailed the nature of the assault and the injuries inflicted. The evidence presented showed that the defendants acted with malice and intent to harm, which met the requirements of the maiming statute.

The evidence disclosed not only express statements by defendants of an intention to kill Smith, but a brutal, unprovoked attack upon him at night, with a mask on; the enticement of an old man from his home and by overwhelming force carrying him to an undisclosed destination, with the expressed intention of killing him.

Conclusion

The court affirmed the judgment of the lower court, concluding that there was no reversible error in the trial proceedings.

On the whole case we find no reversible error. The judgment will be Affirmed.

Who won?

The Commonwealth prevailed in the case, as the court upheld the convictions based on the sufficiency of the indictment and the evidence of intent to cause bodily harm.

The Commonwealth prevailed in the case, as the court upheld the convictions based on the sufficiency of the indictment and the evidence of intent to cause bodily harm.

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