Morrissett v. Commonwealth

General Court of Virginia

Morrissett v. Commonwealth

6 Va. 673

General Court of Virginia·Decided December 15, 1849·Published

Opinion

By the Court.

Pleas rejected by the Court are not a part of the record, unless made so by bill of exceptions, or the express order of the Court: And when that is omitted, it is to be presumed that the defendant has waived his pleas. White v. Toncray, 9 Leigh 347.

A prisoner is to be examined at the first term of the Court after commitment, but the examination may be continued by the Court until the third term. Act of [675]*6751848, § 2, p. 138. By the same act, §. 8, p. 139, a prisoner may be indicted for the same offence within twelve months after being discharged by the Court of examination.

The writ of error is therefore refused.

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By the Court.

Pleas rejected by the Court are not a part of the record, unless made so by bill of exceptions, or the express order of the Court: And when that is omitted, it is to be presumed that the defendant has waived his pleas. White v. Toncray, 9 Leigh 347.

A prisoner is to be examined at the first term of the Court after commitment, but the examination may be continued by the Court until the third term. Act of [675]*6751848, § 2, p. 138. By the same act, §. 8, p. 139, a prisoner may be indicted for the same offence within twelve months after being discharged by the Court of examination.

The writ of error is therefore refused.

Morrissett v. Commonwealth, 6 Va. 673 (Va. Super. Ct. 1849).

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