Richards v. Commonwealth

Citations

• 81 Va. 110
• 1885 Va. LEXIS 15

Syllabus

<p>1. Criminal Proceedings.— Arson—Indictment. — Criminal Code, chapter 3, section 5 (Acts 1877-8, p. 287; amended Acts 1881-2, p. 401), provides punishment for burning “any building, the burning whereof is not punishable under any other section ” of said chapter. Indictment under said section must describe the building with such particularity as will inform accused what building is meant.</p> <p>2. Idem— Motion to quash indictment.—This motion, being merely ex gratiashould he made at an early stage ; and if delayed till after plea of not guilty, its reception or rejection is within the trial-court’s discretion.</p> <p>3. Idem—General verdict—Had count.-—When of two counts, the second is bad, but jury finds general verdict of guilty, and fixes a punishment that could not be fixed under the first, the verdict must be set aside and a new trial awarded. Accused is entitled to acquittal under the first count, as the verdict must have been under the second. Stuart’s Case, 28 Gratt. 950.</p> <p>4. Ídem—Jurors—Mode of selection—Venire facias.—In case where death may be the punishment, writ shall require to be summoned twenty-four persons of the county or corporation, to be taken from a list to be furnished by the judge, residing remote from the place where the offence is charged to have been committed, and qualified in other respects to serve as jurors. Prom these shall be selected a panel of sixteen, free from exception, and from this panel the accused may strike four, and the remaining twelve shall constitute the jury. Omission to comply with these provisions is fatal error. Hall’s Case, 80 Va. 555.</p>