Kemp v. Commonwealth
Supreme Court of Virginia
At the March term, 1867, of the Circuit ■Court for the county of Warwick, the grand jury found an indictment against Robert Kemp, Charles Press, Abel Williams, Harrison Young and James Chapman, freedmen, for the murder of John Wootten. At a special term of the court in June, 1867, the attorney for the commonwealth entered a "'nolle prosequi as to James Chapman; and he was discharged.
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At the March term, 1867, of the Circuit ■Court for the county of Warwick, the grand jury found an indictment against Robert Kemp, Charles Press, Abel Williams, Harrison Young and James Chapman, freedmen, for the murder of John Wootten. At a special term of the court in June, 1867, the attorney for the commonwealth entered a "'nolle prosequi as to James Chapman; and he was discharged. At the same time the other prisoners were arraigned; and before pleading, they moved to have the record of the examining court produced ; which was done. And they then moved the court to quash the indictment,…
1Opinion of the Court
JOYNE)S, J.
The prisoners, who were tried jointly, before pleading to the indictment, moved the court to have the record of the examining court produced; and the record having been produced, they moved the court to quash the indictment, on the ground that the record of the examining court did not show by what authority the said court examined the prisoners, and that the warrant by which the prisoners were committed for examination, if any there was, ought to have been made a part of the said record. Thereupon the attorney for the Commonwealth produced in court, as the warrant for the…
2Cases cited3 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Vaiden v. CommonwealthSupreme Court of Virginia · 1855
- Kates v. CommonwealthSupreme Court of Virginia · 1867