Butler v. Commonwealth

Citations

• 81 Va. 159
• 1885 Va. LEXIS 19

Syllabus

<p>1. Criminal Practice—Felony—Preliminary examination.—A person must be examined before a justice before he can be tried for a felony unless he waives such examination. Acts 1877-’78, ch. 14, § 12, p. 328, and ch. 16, $ 16.</p> <p>2. Idem—Indictment.—An indictment for the burning of “ a certain store-house, not adjoining or occupied with the dwelling-house of one S.,” sufficiently describes the store-house as the property of S. Speer's Case, 17 Gratt. 570.</p> <p>3. Idem—Idem.—An indictment which charges a breaking into a house with intent to steal, and stealing therefrom, is an indictment for house-breaking, and not for larceny, and is good.</p> <p>4. Idem—Idem—Venire—Proof.—An indictment cannot be sustained without proof that the offence was committed within the county or corporation where the venue is laid. But a strong presumption thereof raised by the evidence is sufficient. Richardson’s Case, 80 Va. 124.</p>