Commonwealth v. Carter

General Court of Virginia

Commonwealth v. Carter

2 Va. 319

General Court of Virginia·Decided November 15, 1822·Published

Opinion

WHITE, J;

The Court, having maturely considered the question adjourned, is of opinion, that, in conformity with the doctrine laid down in Coke Eittleton, 272, b. although in strictness of Eaw the freehold in the aforesaid land may be vested in the trustee of the said Battaile, yet, under an equitable construction of the first section of the 75th chapter of the first volume of the Revised Code, he, the said Hay Battaile, is not thereby disqualified from serving on a Grand Jury.

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WHITE, J;

The Court, having maturely considered the question adjourned, is of opinion, that, in conformity with the doctrine laid down in Coke Eittleton, 272, b. although in strictness of Eaw the freehold in the aforesaid land may be vested in the trustee of the said Battaile, yet, under an equitable construction of the first section of the 75th chapter of the first volume of the Revised Code, he, the said Hay Battaile, is not thereby disqualified from serving on a Grand Jury.

Commonwealth v. Carter, 2 Va. 319 (Va. Super. Ct. 1822).

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