Anthony v. Commonwealth

Citations

• 88 Va. 847
• 14 S.E. 834
• 1892 Va. LEXIS 38

Syllabus

<p>1. Criminal Proceedings — Indictment—Misjoinder of counts. — Where indictment charges joint defendants with conspiring to commit a larceny, and then charges them with actually committing the larceny in pursuance of the conqjiracy;</p> <p>Held :</p> <p>No misjoinder.</p> <p>2. Idem — False, pretences —LarcenyObtaining goods by false pretences with intent to defraud is larceny, and it is not a misjoinder to include a count therefor with other larceny counts in the indictment.</p> <p>3. Appellate Practice —Review of trial courts’ rulings — Fo certificate. — Where the record contains no certificate of the evidence, or of the facts proved, this court cannot review the rulings of the trial court as to the admission or the rejection of evidence, or the giving or the refusal of instructions. Vawter’s Case, 87 Va. 245.</p>