Jones v. Commonwealth

Citations

• 87 Va. 63
• 12 S.E. 226
• 1890 Va. LEXIS 90

Syllabus

<p>1. Criminal Proceedings.—Malicious Wounding — Indictment.—Indictment charging that accused made an assault with a stone, and did feloniously, maliciously and unlawfully beat, wound, ill-treat and cause bodily injury, etc., sufficiently conforms to Code, section 3671.</p> <p>2. Idem.—Venire lacias—Recital—Waiver.—This writ is an indispensable process, and omission to direct it when required, is error apparent of record, and cannot be cured by any presumption or waiver, and advantage may be taken thereof by motion in arrest of judgment, or for the first time, by writ of error.</p> <p>3. Idem.—Construction of statutes.—Code, section 3156, to cure irregularity in writ of venire facias, etc., applies only to civil and misdemeanor cases, and Act of January, 1888 (Acts 1887'-8, p. 18), does not apply to a felony case where there is no venire facias at all.</p> <p>4. Idem—Defective verdict.—Where on such indictment the verdict finds the prisoner guilty of malicious assault, without saying with what intent the assault was committed, the verdict should be set aside on motion, as irresponsive to the issue.</p> <p>5. Idem—Argument before jury.—Where the indictment was found upon the evidence of seventeen witnesses, though it does not appear how many testified at the trial, the ruling of the court restricting the argument to thirty minutes, against the objection of the prisoner, was an undue abridgment of his rights, and reversible error.</p> <p>6. Idem—Bill of exceptions.—It is not error for the court to refuse to stop the trial to enable the counsel for prisoner to prepare a bill of exceptions, as the same might be prepared after verdict.</p>