Philips v. Commonwealth
Supreme Court of Virginia
At the October term of the Circuit court of Henrico eounfy ^01’ 1867, James Jeter Philips was indicted for the murder of his wife, Mary Emily Philips.
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At the October term of the Circuit court of Henrico eounfy ^01’ 1867, James Jeter Philips was indicted for the murder of his wife, Mary Emily Philips. After the prisoner was arraigned, and was called upon to answer the indictment against him, he tendered a plea to the jurisdiction of the court, because he says “that by the law of the land, and the statutes in such case made and provided, this honorable court hath no jurisdiction for the trial of said indictment, protesting that he has not, in any manner whatsoever, demanded or assented to such trial, and that he has never been in any manner…
1Opinion of the CourtRives, J.
The question of jurisdiction presented by this record is the leading one, and is not without difficulty. It grows exclusively out of the state of the law which is to govern the trial. It is not pretended that *517-it rests upon facts extraneous to the record, which ought to be pleaded so as to lead to some distinct issue ■of law or fact; but simply that such is the law of the land; that the court is not competent to try the cause, and has no cognizance of it. The challenge of jurisdiction on this score is fundamental. It is so vital, that I presume the objection, however made, whether by…
2Cited by22 opinions
- State v. HarrisonWest Virginia Supreme Court · 1892
- State v. MinesWest Virginia Supreme Court · 1893
- Barnes v. CommonwealthSupreme Court of Virginia · 1895
- State v. DriverWest Virginia Supreme Court · 1921
- State v. CartrightWest Virginia Supreme Court · 1882
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