Commonwealth v. Stephen

General Court of Virginia

Commonwealth v. Stephen

4 Va. 679

General Court of Virginia·Decided December 15, 1833·Published

Opinion

Smith, J.

The assignment of error, that several of the jurors were not freeholders, is matter of fact, not appearing by the record; which, therefore, could not be pleaded in arrest of judgement. As to the other objection, there was no necessity to state in the record, that the jurors were good and lawful men. The record, in this case, is in the usual and correct form. It is, therefore, the unanimous opinion of this court, that the errors assigned are not sufficient to arrest the judgement.

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Smith, J.

The assignment of error, that several of the jurors were not freeholders, is matter of fact, not appearing by the record; which, therefore, could not be pleaded in arrest of judgement. As to the other objection, there was no necessity to state in the record, that the jurors were good and lawful men. The record, in this case, is in the usual and correct form. It is, therefore, the unanimous opinion of this court, that the errors assigned are not sufficient to arrest the judgement.

Commonwealth v. Stephen, 4 Va. 679 (Va. Super. Ct. 1833).

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