Smith v. Commonwealth

Hudgins, J.,.delivered the opinion of the court.

The accused, by this writ of error, is seeking to reverse a judgment and sentence to three years’ confinement in *1114the penitentiary for obtaining money under false pretenses.

The Attorney-General moved to dismiss the writ because it was not alleged or proven that a copy of the petition was delivered to the Commonwealth’s attorney for the city of Norfolk, as required by Rule II (a) of this court, the pertinent part of which reads thus:

“* * * Before any petition for appeal or writ of error is presented to a judge in vacation, or to the court in term,…