Mitchell v. Commonwealth

Citations

• 89 Va. 826
• 17 S.E. 480
• 1893 Va. LEXIS 108

Syllabus

<p>1. Criminal Proceedings—Venire facias—Return.—Where the return to process is signed only with the name oí the deputy by whom it has been served, and not with that of his principal also—</p> <p>Held :</p> <p>Such process and return should be quashed by the trial court.. Code, § 900.</p> <p>2. Idem—Rape—Charge to the jury.—On the trial for rape, after the jury were directed to consider of their verdict, the-clerk called their attention to the charge which had been given to them as to the punish— jnent, and, at his suggestion, the jury took such charge with them to their room.</p> <p>Held :</p> <p>Hot error.</p> <p>3. Jurisdiction—Circuit court—Capital offense.—Where, on trial for a capital offense, accused elected to be tried in circuit court the-clerk of the county court failed to certify the copy of the record transmitted to the circuit court—</p> <p>Held :</p> <p>The circuit court acquired no jurisdiction of the case, and a judgment rendered therein was void. Code, § 4016.</p>