Legal Opinion

Mesmer v. Commonwealth

Supreme Court of Virginia

Decided October 9, 1875PublishedCited by 3 opinions

This was an indictment in the Corporation court of the city of Winchester, against John B. Mesmer, for assaulting and beating Amos Jackson. There was verdict of the iury for one cent damages, to which the court by its judgment added ten days imprisonment in the jail of the corporation. And thereupon Mesmer applied to a judge of this court for a writ of error; which was allowed. The case is fully stated by Judge Christian in his opinion.

1Opinion of the Court

Christian J.

delivered the opinion of the court.

The court is of opinion, that the Corporation court of Winchester did not err in overruling the motion of the plaintiff in error to quash the indictment, because it was found by a grand jury of six, selected from nine who had been summoned to attend the term at which the indictment was found.

The 4th section of the act of the general assembly approved March 27th 1874 provides as follows: •

§ 4. For every grand jury in the Circuit courts, and for two terms in each year of the Corporation courts, such terms to be specially designated by such…

2Cases cited1 opinion

  1. Thornton v. CommonwealthSupreme Court of Virginia · 1874

3Cited by3 opinions

  1. Cropper v. CommonwealthGeneral Court of Virginia · 1843
  2. Cropper v. CommonwealthGeneral Court of Virginia · 1843
  3. Cropper v. CommonwealthGeneral Court of Virginia · 1843

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