Miller v. Commonwealth

Citations

• 88 Va. 618
• 14 S.E. 161
• 1892 Va. LEXIS 13

Syllabus

<p>1. Constitution — Legislature—Presumption.—In the construction of state statutes the legislature possesses all legislative powers not prohibited by the fundamental law, and every legislative act is presumed to be valid. Yet if there be a clear incompatibility between the constitution and the act, the latter is invalid, and must be so declared.</p> <p>2. Idem — Code, 14106. — Code, § 4106, conferring upon justices jurisdiction concurrent with that of. the county and corporation courts, over the offence of keeping a bawdy house, is repugnant to $ 10, Article 1, Constitution of Virginia, and %% 4107 and 4108, giving in such case the right of appeal and trial by jury in the appellate court, does not relieve § 4106 of such repugnancy.</p>