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Commonwealth v. M'Clenegan

Supreme Court of Virginia
Jun 11, 1808
3 Va. 155 (Va. 1808)

Opinion

06-11-1808

The Commonwealth v. Josiah M'Clenegan


SYLLABUS

The point adjourned in this case sufficiently appears from the opinion of the court.

Present judges Tyler, Nelson, White, Stuart, Brooke and Holmes.

OPINION

" The court are unanimously of opinion that where an indictment or presentment is found by a grand jury against any person for a misdemeanor to which the law has affixed an infamous or corporal punishment, the court before whom such indictment or presentment is found, may, in its discretion, award a capias in the first instance; and that upon indictments and presentments of an inferior nature, such court ought, after two venire faciases have been returned not found, to award a capias."


Summaries of

Commonwealth v. M'Clenegan

Supreme Court of Virginia
Jun 11, 1808
3 Va. 155 (Va. 1808)
Case details for

Commonwealth v. M'Clenegan

Case Details

Full title:The Commonwealth v. Josiah M'Clenegan

Court:Supreme Court of Virginia

Date published: Jun 11, 1808

Citations

3 Va. 155 (Va. 1808)