Opinion
01-01-1818
The Commonwealth v. Hill Carter
The Defendant had been indicted for an assault in the Superior Court of Charles City County, and by an order of that Court in April, 1817, the venue had been changed to New-Kent. After the decision of this Court that the venue could not be changed in a case of misdemesnor, a Rule was made by the Superior Court of Charles City, against the Defendant, to shew cause why the order of April, 1817, should not be set aside, and the said cause proceeded in by that Court. And by consent of parties, the following questions were adjourned to this Court, for its decision. 1. Whether the said Court has a right to set aside the order made as aforesaid? 2. If it has, whether the said Superior Court of Charles City can now proceed to the trial of said cause in the same manner as if the venue had never been changed?
OPINION
Per Curiam.
"In this Case, by a majority of the Judges present it is decided, that the Superior Court of Charles City hath a right to set aside the order made on the 21st April, 1817, removing the said Case to the Superior Court of Law for New-Kent County; and also, that the said Court of Charles City may proceed to the trial of said cause in the same manner as if the venue had never been changed."