Lawrence v. Commonwealth

Citations

• 86 Va. 573
• 10 S.E. 840
• 1890 Va. LEXIS 14

Syllabus

<p>1. Criminal Proceedings—Lottery—Continuance.—Upon indictment for carrying on a lottery business, accused “ appears and pleads to the charge ” and moves for a continuance: held, not error to deny the motion. Code, sec. 4010.</p> <p>2. Idem—Indictment—Want of form.—It is not error for the court at trial of such indictment, to overrule motion to quash, and to reject plea setting up any want of form in the indictment. Code, sec. 4011.</p> <p>8. Idem— Grand jury—Presence of outsider.—Plea setting forth that after grand jury was empannelled and sent to their room to enquire of the indictment, a person, not a member of grand jury or a sworn officer of the court, was admitted and examined other witnesses sent before the , grand jury, was rejected; held, no error, because plea does not allege that the person was not a witness sworn and sent to the grand jury by the court, but inferentially alleges that he was a witness.</p> <p>4. Appellate Practice—The record.—Nothing that transpired during the trial in the court below will be considered a part of the record here, unless made so by a bill of exceptions or order of the court; and the mere statement on the record that certain pleas were rejected and that parties excepted to various rulings of the court, is not sufficient.</p>