Crump v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Hustings Court of the city of Manchester, rendered October 4, 1894, sentencing the prisoner to the penitentiary for a period of twelve years, on a prosecution for rape.
1Opinion of the CourtRiely, J.
It is objected that the record does not show that the jury was duly sworn. It recites that the jurors “were sworn the truth of and upon the premises to speak.’’ In Brown v. Corn., 86 Va. 466, this was held to be sufficient, the presumption being that the oath was in due form. See, also, 3 Rob. Prac. 177, and Com. v. Stephen, 4 Leigh, 619. The prisoner, by counsel, entered a general demurrer to the indictment, which the court overruled; and it is objected that the record does not show that there was a joinder in the demurrer. This is not an available error here. Miller v. McLuer, Gilmer, 338.
It…
2Cases cited3 opinions
- Briggs v. CommonwealthSupreme Court of Virginia · 1886
- Brown v. CommonwealthSupreme Court of Virginia · 1890
- Bird Woods v. CommonwealthSupreme Court of Virginia · 1890
3Cited by17 opinions
- People v. PutnamCalifornia Supreme Court · 1942
- State v. SmootIdaho Supreme Court · 1978
- Mitchell v. CommonwealthSupreme Court of Virginia · 1925
- Owens v. CommonwealthSupreme Court of Virginia · 1947
- State v. ElsenIdaho Supreme Court · 1947
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