Allen v. Commonwealth

Citations

• 90 Va. 356
• 18 S.E. 437
• 1893 Va. LEXIS 60

Syllabus

<p>1. Criminal Proceedings — Recognizance—Scire facias. — Condition of recognizance of one accused of a felony-was for his personal appearance “to answer the charge against him. ” The language of the scire facias on such recognizance was for his personal appearance “to answer as of a felony whereof he stands accused ” : Held, (1) No form of language being prescribed for a recognizance it is sufficient; (2) the variance between the recognizance and the scire facias is immaterial.</p> <p>2. Idem — Appearance and pleading. — When recognizance provides that the accused shall appear, &c., and “not depart without the leave of the court ” ; held, no defence to scire facias that accused appeared and pleaded “not guilty ” when he departed without leave of the court</p>