Waller & Boggs v. Commonwealth

Citations

• 84 Va. 492
• 5 S.E. 364
• 1888 Va. LEXIS 101

Syllabus

<p>1. Criminal Proceedings—Failure to indict—Under Acts 1877-8, p. 335, \\ 13, it suffices that any indictment be found against the accused before the end of the second term at which he is held to answer, though he be actually tried upon an indictment found after that time.</p> <p>2. Idem—Examination— Warrant.—A warrant of arrest is unnecessary before the accused in custody, is sent to a justice for examination upon the charge in the indictment.</p> <p>3. Idem—Venire facias—The mere fact that the trial judge quashed the writ of venire facias issued by another judge incompetent to try the case, but „ used the same names in the new writ issued by himself, could not render them unsuitable.</p> <p>4. Idem—Deficient panel—Bystanders.—When the regular panel is incomplete, it is not necessary that the judge should furnish with his new writ, a list of the bystanders from whom the required number shall be summoned.</p> <p>5. Idem—Change of venue.—A motion for a jury from another county should always precede a motion for a change of venue.</p> <p>6. Idem—Proof of identity.—The court should instruct the jury, if the accused so requests, that the identity of the accused with the perpetrator of the offence, should be proved beyond a reasonable doubt.</p> <p>7. Idem—Case at bar.—In the case here the facts presented in the record are held not to justify the verdict of conviction.</p>