Boyd v. Commonwealth

Citations

• 77 Va. 52
• 1883 Va. LEXIS 35

Syllabus

<p>1. Criminal Practice-Pleading.-An indictment under a statute must state all the circumstances which constitute the offence as defined in the statute.</p> <p>2. Idem-Idem.-Though the offence, at common law or by statute, is defined in general terms, yet the indictment must charge it specifically, and descend to particulars.</p> <p>3. Idem-Idem-Officials.-In an indictment for corrupt misbehavior in office, the act must be distinctly charged as done knowingly and with corrupt motives.</p> <p>4. Case at Bar.-B., an election official, is indicted under Code 1873, ch. 8, § 43, for acting unlawfully as such official. On motion to quash,</p> <p>Held :</p> <p>Though he may have acted unlawfully, it does not follow that he was guilty of corrupt conduct, for the punishment whereof the statute was intended, and the indictment is insufficient.</p>