Alls v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Montgomery county on a scire facias. Judgment for the Commonwealth. Defendants assign error. On October 6, 1920, the following order was entered in this case, to-wit: “Commonwealth of Virginia v. Violation of the Prohibition Law. Leslie Alls.
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Error to a judgment of the Circuit Court of Montgomery county on a scire facias. Judgment for the Commonwealth. Defendants assign error. On October 6, 1920, the following order was entered in this case, to-wit: “Commonwealth of Virginia v. Violation of the Prohibition Law. Leslie Alls. “This day came the attorney for the Commonwealth, and the defendant, Leslie Alls, who stands indicted for a misdemeanor returned by the grand jury at this term of court, on being solemnly called, came not; whereupon the attorney for the Commonwealth moved for a forfeiture of the defendants’ recognizance…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
1. Was the scire facias invalid on demurrer thereto, because it failed to show on its face that the recognizance was in legal form?
This question must be answered in the negative.
[1] As held in Bolanz, et al., v. Commonwealth, 24 Gratt. (65 Va.) 31, the purpose of the writ of scire facias is merely to give notice to the defendant of an application for award of execution upon the recognizance, to enable him to show *645cause, if any he can, why the recognizance should not be forfeited. If the terms of the…
2Cases cited3 opinions
- Robinson v. CommonwealthSupreme Court of Virginia · 1892
- Commonwealth v. FulksSupreme Court of Virginia · 1897
- Allen v. CommonwealthSupreme Court of Virginia · 1893