Forbes v. Commonwealth

Citations

• 90 Va. 550
• 19 S.E. 164
• 1894 Va. LEXIS 21

Syllabus

<p>1. Criminal Proceedings — Second trial — Objection delayed — Arrest of judgment. — Where objection is delayed until after verdict to sending to jury indictment endorsed with the verdict of guilty found at first trial, held, not error, and if error, the remedy is not by motion in arrest of judgment.</p> <p>2. Idem — New trial — Higher offence. — Conviction of unlawful shooting is a conviction of a felony, though punished by imprisonment in jail and fine, and after reversal of the sentence, a second trial may be had for the felony and not merely for a misdemeanor, notwithstanding Code, 14040.</p>