Commonwealth v. Peas

4 Va. 692

Opinion

Lomax, J.

delivered the resolution of the court: That the omission of an averment in the indictment, that it was without the consent of the owner t hat the slave was removed or carried away, is a fatal defect, not cured by the verdict; and, therefore, that it be certified to the circuit superiour court, that the judgement ought to be arrested.