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11 Va. 714

Tooel v. Commonwealth

General Court of Virginia

Decided December 15, 1841

General Court of Virginia · decided 1841-12-15

Petition for a writ of error to a judgment of the circuit superior court of Rocking-ham.

Decided 1841-12-15

*PER CURIAM.

¶1The decision of chief justice Marshall in Aaron

¶2Burr’s case, “that there was no necessity for delivering the jurymen, who had been or should be sworn, into the custody of the marshal, until the whole number had been impaneled and sworn,” 1 Burr’s trial p. 382, and the opinion of this court in Martin’s case, 2 üeigh 745, are decisive authorities against the prisoner’s application.

CLOPTON, J., dissented, upon the authority of M’Caul’s case, 1 Virg. Ca. 271, 303-6.

¶3Writ of error denied.

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