Morris v. Commonwealth
This text of 36 Va. 636 (Morris v. Commonwealth) 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.
Opinion
delivered the resolution of the general court.—It is deemed unnecessary to decide whether the examining court erred in refusing to continue the case on the motion of the prisoner, or whether such an error, if committed, could in any way avail the prisoner in the circuit court: this court being unanimously of opinion that the plea of errors in arrest of judgment could not be sustained, inasmuch as it suggests matter making no part of the record, but matter which, if the prisoner could have availed himself of it at all, should have been taken advantage of by a plea in abatement, or a motion to quash. Cohen’s case, 2 Va. Cas. 158. William Angel’s case, Id. 231.
Writ of error refused.
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36 Va. 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-commonwealth-vagensess-1838.