Commonwealth v. Fulks
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Russell county rendered November 18, 1895, affirming a judgment of the County Court of Wise county, rendered June 27, 1894, in a proceeding in said County Court in the name of the Commonwealth of Virginia, against the defendants in error on a scire facias issued from the said County Court, on a recognizance of bail in a criminal case.
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Error to a judgment of the Circuit Court of Russell county rendered November 18, 1895, affirming a judgment of the County Court of Wise county, rendered June 27, 1894, in a proceeding in said County Court in the name of the Commonwealth of Virginia, against the defendants in error on a scire facias issued from the said County Court, on a recognizance of bail in a criminal case. The contention of the defendants in error was that the recognizance was void because it t:no where, not even in the caption, mentioned the offence with which Fulks was charged and which he was bound to answer.”
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
Fulks was indicted in the County Court of Wise county for murder, and at the December term of that court for the year 1893, the following order was entered:
“Commonwealth v. Calve Fulks.
‘ ‘This day came the Commonwealth, by her a ttorney, and the prisonei, Calve Fulks, appeared in court in pursuance to his recognizance entered into at the last term, and it appearing to the court that Mrs. Sarah Sayers, a material witness for the Commonwealth in this cause, is prevented from attending this term of the court by sickness, and on motion of the…
2Cases cited1 opinion
- Allen v. CommonwealthSupreme Court of Virginia · 1893
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- Alls v. CommonwealthSupreme Court of Virginia · 1921