Marshall's Case

5 Gratt. 693

Opinion

By the Court.

The writ of error is refused. The Court has not deemed it necessary to consider the question which was discussed, as to the propriety of the General Court, at the last term, directing the prisoner to be tried on the second count of the indictment, instead of discharging him; because, whether right or not, the decision was final, and is beyond our control.