Fitch v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Hustings Court of the city of Staunton, rendered October 21, 1895, upon the trial of an indictment for perjury, whereby the plaintiff in error was sentenced to confinement in the penitentiary for two years.
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Error to a judgment of the Hustings Court of the city of Staunton, rendered October 21, 1895, upon the trial of an indictment for perjury, whereby the plaintiff in error was sentenced to confinement in the penitentiary for two years. The following is a copy of the indictment upon which the plaintiff in error was tried and convicted : “ Commonwealth of Yirginia, City of Staunton—to-wit: “In the Court of Hustings for the city of Staunton, the jurors of the Commonwealth of Yirginia in and for the body of the city of Staunton, and now attending the said court, upon their oaths present, that on…
1Opinion of the CourtRiely, J.
It was not error to reject the plea of the plaintiff in error to the jurisdiction of the court. A plea in abatement, based upon the ground that the offence, if committed at all, was committed beyond the jurisdiction of the court, is inadmissible. That is matter of defence under the general issue—the plea of “ not guilty.” The burden is just as great on the Commonwealth to prove that the offence was committed within the jurisdiction of the trial court as it is to prove the commission of the offence itself. The failure to prove either entitles the accused to an acquittal. 1 Bish. Cr. Pr., sec.…
2Cases cited6 opinions
- People v. PhelpsNew York Supreme Court · 1830
- Campell v. PeopleNew York Supreme Court · 1832
- Richardson v. CommonwealthSupreme Court of Virginia · 1885
- State v. . DavisSupreme Court of North Carolina · 1873
- Juaraqui v. StateTexas Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gerald, T. v. CommonwealthSupreme Court of Virginia · 2018
- West v. CommonwealthSupreme Court of Virginia · 1919
- Anderson v. CommonwealthSupreme Court of Virginia · 1902
- Mundy v. CommonwealthSupreme Court of Virginia · 1933
- Harley v. CommonwealthSupreme Court of Virginia · 1921
10 more not listed; retrieve them via the Exa API.