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.