Curtis v. Commonwealth

Citations

• 87 Va. 589
• 13 S.E. 73
• 1891 Va. LEXIS 111

Syllabus

<p>1. Criminal Proceedings—Motion in arrest of judgment.—At trial for murder, the court overruled motion in arrest of judgment, but set aside verdict the next day ex mero motu: held, defendant not entitled to discharge on the ground that his motion in arrest of'judgment had' been allowed.</p> <p>2. Idem—Grand jury—Record—Petit jury.—It has never been held that the award of process to summon a grand jury must affirmatively appear by the record—as is the rule as respects the petit jury.</p> <p>3. Idem—Objections to grand jury— When made.—Exceptions to mode of summoning grand jury, or to disqualification of particular jurors, must be made at a preliminary stage of the case; that is, before the general issue is pleaded; and the award of new trial does not expunge such plea.</p> <p>4. Idem—Setting cases far trial.—The statute requiring county and corporation judges, at least ten days before commencement of every term, to set each criminal case for trial on a certain day, does not apply to the circuit court. (Acts 1889-90, p. 79.)</p> <p>5. Idem—Venire.—Of the twenty persons directed to be summoned from the list furnished by the judge to serve as jurors the appearance of sixteen is sufficient in felony cases. Additional persons may be summoned from the by-standers.</p> <p>6. Idem—Examination on voir dire.—Where part only of those summoned are found free from exception, it is not necessary to keep such part together, until the panel is complete, and then again to examine them on their voir dire.</p> <p>7. Idem—Where trial, interrupted by a sudden fit, and the removal, of prisoner, was resumed upon his restoration and return into court: held, not error.</p> <p>8. Idem—Indictment—Proof—Variance.—Where the wound is alleged to have been on right side of decedent’s head, and the proof is that it was on the left: held, no variance.</p> <p>9. Idem—Motion for new trial—Case at bar.—The evidenee disclosed by the record, held, such as justified the jury in finding that the death was