Shiflett v. Commonwealth

Citations

• 90 Va. 386
• 18 S.E. 838
• 1894 Va. LEXIS 2

Syllabus

<p>1. Ckiminai, Proceedings — Misnomer—Amendment—Where defendants indicted jointly for a midemeanor, have been duly summoned, but failed to appear, the court may, in their absence, amend the indictment against “S. C.,” and make it read “S. S. alias S. C.” Code, $ 3999.</p> <p>2. Idem — Absence—Imprisonment.—Upon such indictment, held, not error to try defendants in their absence, without first awarding a capias for their arrest, nor to enter judgment for their imprisonment in jail (Code, 14012 and 14076); nor to order their arrest and imprisonment for nonpayment of a fine before a fieri facias has been issued. Code, \\ 726.</p> <p>3. ■ Constitution — Rights of accused. — Such trial and sentence of such defendants in their absence, held, not violative of the constitutional guaranty that “the accused in all criminal prosecutions hath a right to be confronted with the witnesses against him. ”</p>