Commonwealth v. McKinney

General Court of Virginia

Commonwealth v. McKinney

8 Va. 589

DecidedDecember 8, 1851

StatusPublished

This text of 8 Va. 589 (Commonwealth v. McKinney) is published on Counsel Stack Legal Research, covering General Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. McKinney, 8 Va. 589 (Va. Super. Ct. 1851).

Pincite

Opinion

Field, J.

delivered the opinion of the Court.

The Court is of opinion and decides, that the sheriff’s return of the venire facias as to Joseph McKinney should be quashed, and the said Joseph discharged from further prosecution upon the indictment, because it does not appear from the record that the said Joseph has been indicted; and it is not competent for the Court to alter or amend the record in that respect. Cawood’s Case, 2 Va. Cas. 527, and others referred to in 3 Rob. Pr. 98.

We deem it unnecessary to decide any other question.

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Field, J.

delivered the opinion of the Court.

The Court is of opinion and decides, that the sheriff’s return of the venire facias as to Joseph McKinney should be quashed, and the said Joseph discharged from further prosecution upon the indictment, because it does not appear from the record that the said Joseph has been indicted; and it is not competent for the Court to alter or amend the record in that respect. Cawood’s Case, 2 Va. Cas. 527, and others referred to in 3 Rob. Pr. 98.

We deem it unnecessary to decide any other question.

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Bluebook (online)

8 Va. 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mckinney-vagensess-1851.