Opinion
01-01-1820
The Commonwealth v. Thomas P. Harrison and Others
The Defendants were presented at Stafford County Court, for unlawful gaming: an Information was filed against them, to which they demurred, and the County Court rendered judgment on the demurrer, in behalf of the Defendants. The Attorney for the Commonwealth applied to a Judge of the General Court, (White,) in vacation, for a Writ of Error, which was awarded by him. At the ensuing Term of the Superior Court, the Defendants moved the Court to dismiss the Writ of Error, as improvidently issued: and the point of Law arising upon that motion, was adjourned to this Court.
OPINION
PER CURIAM.
"The Court is unanimously of opinion, that the Writ of Error improvidently issued on the part of the Commonwealth, because no Writ of Error lies in a Criminal Case for the Commonwealth."