Groety v. Commonwealth

This writ of error is to a judgment sentencing Charles H. Groety, the accused, to the pentitentiary for two years for voluntary manslaughter. He assigns error.

He complains that the record does not show a true bill of indictment was found against him.

It is true that no man can be considered as indicted for a felony unless it appear of record that an indictment against him was delivered in open court and the fact recorded. Simmons v. Commonwealth, 89 Va. 156, 15 S. E. 386. But it plainly appears from the record that a special grand jury returned into court and presented an indictment for murder…