Shelton v. Commonwealth

Citations

• 89 Va. 450
• 16 S.E. 355
• 1892 Va. LEXIS 121

Syllabus

<p>1. Criminal Proceedings—Indictment—Time.—An indictment is sufficiently certain as to time when it alleges that an offense was committed on a certain day, ‘‘ about the hour of twelve o’clock in the night of that day,” and means in the night after sun-down of that day.</p> <p>2. Idem— Witnesses—Directory.—Code, § 3984, requiring names of witnesses to be written at foot of indictment, is merely directory, and their omission is not fatal to its validity.</p> <p>3. Idem—Continuance.—The question as to a continuance is a matter in the discretion of the court; but, if the ruling be plainly erroneous, this court will reverse the judgment. Hewitt’s Case. 17 Gratt., p. 827.</p> <p>4. Idem—Presence of prisoner—Record.—A person indicted for felony must be shown from the record to have been personally present at every stage of the prosecution; nor can he waive the right to be present; and entry upon the record, “ This case was continued for the defendant,” does not show that he was personally present,'as it is a settled principle that the presumption that a court of general jurisdiction acts rightly cannot supply ail essential part of the record.</p>