Robinson v. Commonwealth

Citations

• 88 Va. 900
• 14 S.E. 627
• 1892 Va. LEXIS 45

Syllabus

<p>1. Appellate Practice — Indictment caption. — This court will look to caption of indictment to ascertain if the court below had jurisdiction.</p> <p>2. Idem — Omnia presumuntur, &c. — This court will presume that an order to summon grand jury was duly made where the record is silent.</p> <p>3. Idem — Venire facias — Objections too late. — Objection is waived when not made till after verdict, that without writ of venire facias grand jury was summoned from list furnished by the judge. Moreover, by § 3978, a special grand jury may be summoned without such writ.</p> <p>4. Petit Jury — Bij-standers.—Under §4019 the court may cause to he summoned so many persons from the by-standers as are necessary to complete the panel without a list furnished by the court.</p>