Harrison v. Commonwealth

Citations

• 81 Va. 491
• 1886 Va. LEXIS 117

Syllabus

<p>1. Criminal Proceedings—Discontinuance.—A case stands continued without any order; and failure to enter order of continuance, works no discontinuance. Code 1873, ch. 201, sec. 26, and eh. 161, sec. 16.</p> <p>2. Idem—Appeal from justice.—An appeal of right is given by statute to one convicted of petit larceny before a justice without assigning errors. Read’s Case, 24 Gratt. 618.</p> <p>3. Idem—Idem—Trial de novo.—One convicted of petit larceny before a justice moved the county court to review the judgment. An endorsement on warrant showed that the witnesses had been recognized to appear before the county court. After trial and conviction in county court, then defendant objects that there is no endorsement of “ appeal” on the warrant by the justice.</p> <p>Held :</p> <p>The objection comes too late.</p>