Booth v. Commonwealth
Supreme Court of Virginia
In the Circuit court of the eounty of Franklin at its May term 1861, Edwin C. Booth' and James Smith were presented for gaming. They appeared at the Oetober term of the court and pleaded in abatement that Christopher Taylor, one of the grand jury whieh made the presentment, was over the age of sixty years, and by reason thereof not qualified to serve on the said grand jury.
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In the Circuit court of the eounty of Franklin at its May term 1861, Edwin C. Booth' and James Smith were presented for gaming. They appeared at the Oetober term of the court and pleaded in abatement that Christopher Taylor, one of the grand jury whieh made the presentment, was over the age of sixty years, and by reason thereof not qualified to serve on the said grand jury. To this plea the Attorney for the Commonwealth demurred, and the court sustained the demurrer; and directed the defendants to answer further. This they failed or refused to do; and the court adjudged that each of» them…
1Opinion of the CourtMoncure, J.
The plaintiffs in error were presented for unlawful *520gaming. They pleaded in abatement that a member of the grand jury which made the presentment was over the age of sixty years, and by reason thereof not qualified to servé on the grand jury. There was a demurrer to the plea and joinder in demurrer. The Circuit court sustained the demurrer, and ordered the said plaintiffs to answer further to the presentment; which failing and refusing to do, judgment was rendered against them according to law. , And on their petition this court awarded a writ of error to the judgment.
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2Cited by7 opinions
- State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
- McCullough v. VirginiaSupreme Court of the United States · 1898
- Brown v. StateSupreme Court of Florida · 1898
- State v. CookWest Virginia Supreme Court · 1918
- Nickels v. Kane's Adm'rSupreme Court of Virginia · 1886
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