Shelly v. Commonwealth
Supreme Court of Virginia
At a quarterly term of the court of Hustings of the city of Lynchburg, held by the judge thereof, in August 1869, an indictment was found against William Shelly for grand larcen3T. And at the same term of the court the prisoner was brought to the bar, and before being arraigned in his proper person tendered a special plea in writing, which he swore to in open court.
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At a quarterly term of the court of Hustings of the city of Lynchburg, held by the judge thereof, in August 1869, an indictment was found against William Shelly for grand larcen3T. And at the same term of the court the prisoner was brought to the bar, and before being arraigned in his proper person tendered a special plea in writing, which he swore to in open court. The point made in the plea was, that he should not be called upon to answer the indictment, but the same should be quashed or abated, because he had not been examined before the mayor or any alderman of the city of Uynchburg, and…
1Opinion of the Court
*WIDI,OUGHBY, J.
The prisoner having been indicted for felony in the court of Hustings, for the city of Dynchburg, and being “led to the bar in the custody of the sergeant, ’ ’ tendered a special plea in writing, alleging that coming “in his own proper person,” that he ought not to be tried because he had never been arrested and examined before the mayor or any alderman of the said city. The court refused to receive this plea, and exception was taken to such refusal; and having been tried and convicted, the prisoner obtained a writ of error to this court.
I do not think that any error was…
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