Richardson v. Commonwealth
Supreme Court of Virginia
Erior' to refusal of the honorable judge of the circuit court of Smyth county to grant a writ of error to a judgment of the county court of said county, on an indictment against W. R. Richardson, a distiller, for selling liquor in quantities less than one gallon. Defendant filed three pleas in abatement to the indictment on account of irregularities in the formation and action of the grand jury which found the indictment.
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Erior' to refusal of the honorable judge of the circuit court of Smyth county to grant a writ of error to a judgment of the county court of said county, on an indictment against W. R. Richardson, a distiller, for selling liquor in quantities less than one gallon. Defendant filed three pleas in abatement to the indictment on account of irregularities in the formation and action of the grand jury which found the indictment. He also demurred to the indictment, and plead “not guilty.” At the trial the court instructed the jury as indicated in the syllabus. Verdict of guilty, and a fine fixed at…
1Opinion of the CourtAnderson, J.
The court is of opinion that there is no error in the ruling of the court below rejecting the first plea in abatement. The statute expressly authorizes and requires the court, if a sufficient number of the jurors summoned are not in attendance to constitute a grand jury, to cause a sufficient number to be returned from the bystanders, or from the county or corporation at large. They may be summoned from a list, but the judge, if he thinks proper, is expressly authorized to dispense with the list. Code of 1873, ch. 200, § 5.
The court is further of opinion that the court did not err in…
2Cases cited1 opinion
- State v. . PoteetSupreme Court of North Carolina · 1882
3Cited by8 opinions
- State Ex Rel. Matko v. ZieglerWest Virginia Supreme Court · 1971
- Commonwealth v. HegedusSuperior Court of Pennsylvania · 1910
- State v. WoodSupreme Court of Iowa · 1900
- Sadler v. StateTennessee Supreme Court · 1910
- McKeever v. CommonwealthSupreme Court of Virginia · 1900
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