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Commonwealth v. Brownwell

Supreme Court of Virginia
Jan 1, 1820
4 Va. 223 (Va. 1820)

Opinion

01-01-1820

The Commonwealth v. Jacob L. Brownwell


The Defendant was indicted for an Assault, in the County Court of Greenbrier. After several trials in which the jury could not agree, the Attorney prosecuting for the Commonwealth, and the Defendant, agreed, and the County Court thereupon ordered, that the cause should be removed, and placed on the Docket of the Superior Court of said county, and there tried. A motion was made to the said Superior Court, to place the said Cause on that Docket, and the Judge of the Court adjourned to the General Court the question, whether he ought to permit it to be docketed in his Court.

OPINION

The Court was of opinion, that the Law pointed out the manner in which prosecutions may be commenced in the Superior Court, and for what causes, and in what manner, all suits may be removed from a County or a Corporation Court to a Superior Court, but that the mere consent of parties is not one of the methods prescribed, and therefore decided, " that the Indictment in the record mentioned, ought not to be placed upon the Docket of the said Superior Court."

1 Rev. Code of 1819, ch. 69, § 48, 49, p. 238.


Summaries of

Commonwealth v. Brownwell

Supreme Court of Virginia
Jan 1, 1820
4 Va. 223 (Va. 1820)
Case details for

Commonwealth v. Brownwell

Case Details

Full title:The Commonwealth v. Jacob L. Brownwell

Court:Supreme Court of Virginia

Date published: Jan 1, 1820

Citations

4 Va. 223 (Va. 1820)