Bishop v. Commonwealth
Supreme Court of Virginia
At the November term 1852 of the Circuit court of Prince George county, the grand jury presented Charles Bishop for playing at cards for money on a Sabbath, at or near Old Shop meeting-house in that county, within the preceding six months, contrary to law. On this presentment there was a summons to Bishop to show cause why an information should not be filed against him.
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At the November term 1852 of the Circuit court of Prince George county, the grand jury presented Charles Bishop for playing at cards for money on a Sabbath, at or near Old Shop meeting-house in that county, within the preceding six months, contrary to law. On this presentment there was a summons to Bishop to show cause why an information should not be filed against him. On the return of the summons Bishop appeared by attorney, and objected to the filing of the information, on the ground that the presentment did not charge any oifense against him. But the court overruled the objection; and the…
1Opinion of the CourtLee, J.
According to the English practice a criminal information at the crown office is only allowed to be filed upon motion and a rule to show cause grounded upon a proper and legal affidavit: and this affidavit should be full and explicit, should disclose all the material facts of the case and contain all matters necessary to criminate the defendant. 5 Bac. Abr. (Bouv. ed.) “ Informations,” (D) p. 180; 1 Chit. C. L. 857 ; Arch. C. P. 73, 74. Our act of assembly expressly requires the leave of the court on a rule to show cause; but by our practice a previous presentment by the grand jury often comes…
2Cited by4 opinions
- State v. WilsonSupreme Court of Vermont · 1907
- Huff v. CommonwealthSupreme Court of Virginia · 1858
- Huff v. CommonwealthSupreme Court of Virginia · 1858
- Huff v. CommonwealthSupreme Court of Virginia · 1858