Myers v. Commonwealth

Citations

• 90 Va. 785
• 20 S.E. 152
• 1894 Va. LEXIS 67

Syllabus

<p>1. Criminal Proceedings— Venire facias. — A venire facias is an indispensable process to authorize sheriff to summon a jury in a felony case, though the writ itself is not a part of the record unless made so by bill of exceptions or otherwise; nor does failure to object in the trial court to the want of such process waive the right of objection in this court.</p> <p>2. Idem — Subsequent legislation. — Nor is the rule altered as to this case by Acts 1893-4, p. 494, amending Code, § 3156, as the amendment was not intended to be retrospective in its action, statutes being always to be construed to operate in futuro, unless a retrospective effect be clearly intended.</p>