Opinion
01-01-1817
The Commonwealth v. William Rolls
Adjourned Case from Fauquier. The Defendant was Indicted for an Assault on one Ashby. And the only question was, whether the venue could be changed by the Superior Court to another county, in case of a Misdemesnor, on the application of the Defendant.
Some of the Court were of opinion, that as this Court had, for a long period, construed the Act which is to be found in the 1st Rev. Code ch. 65, § 6, (and is the same with 1 Rev. Code of 1819, ch. 67, § 8, only substituting " Superior" for " District Courts," ) to extend to Misdemesnors, for which see 1 Virginia Cases, p. 125, so the new Law of 1807, ch. 3, § 14, which uses nearly similar terms, ought to be construed to authorise the Circuit Courts to change the venue in the case of Misdemesnors. But, a majority of the Court were decidedly of opinion, that neither the old Law, nor the more recent one, authorised either the General Court formerly, or the Circuit Courts now, to change the venue in any but Civil Cases, to which Cases alone the words of the Acts extended.
OPINION
Per Curiam.
"After solemn argument in Court, and free and full discussion in conference, and mature consideration had therein, it is the opinion of a majority of the Judges present, that a Superior Court of Law hath not power to change the venue in any Case of Misdemesnor."
The same decision was made in a Case of Hill Carter.