Cousins v. Commonwealth

The final judgment to which this writ of error was obtained was rendered July 22, 1947. The petition for the writ was filed on November 24, 1947. The Commonwealth has moved to dismiss the writ on the ground that the petition therefor was not presented within four months as required by Virginia Code, 1942, (Michie), section 6337.

Code, section 6337 reads, “No petition shall be presented for an appeal from, or writ of error or supersedeas to, any final judgment, decree, or order, whether the Commonwealth be a party or not, which shall have been rendered more than four months before the petition…