State v. Tibbs

Decided April 15, 1791

General Court of Virginia · decided 1791-04-15

THIS was on an indictment which set forth that Tho,mas Tibbs, jun. was presented and indicted for an assault and battery committed on the 9th of June, 1790, on the body of Woolman Gibson, jun. The defendant having been arrested on a capias, appeared, and at this term submitted to the court and was fined 50/. current money; security was taken for the fine and fees. The defendant brought a writ of error on the 26th of November, 1791. The court of appeals, at June term, 1793, reversed the judgment of the general court.

Decided 1791-04-15

¶1The act of November session, 1790, c. 50. s. 1. enacts,

*84"That after the passage of this act, the judges of the general court shall not be capable to take cognisance of, or hold any jurisdiction over, any offences, crimes or misdemeanors whatsoever, except treasons, misprisions of treasons, murders, felonies and insurrections; but all of-fences, crimes and misdemeanors, shall be heard and determined by the justices of the county courts of the county wherein the said offences, crimes and misdemeanors shall be committed, and not elsewhere, except in the cases herein before excepted.”

¶2There was no provision made for cases then pending in the general court.

¶3The general court, at October term, 1791, directed all cases declared by the above act not to be within its jurisdiction, to -be transferred to the county courts of‘the respective counties in which the offences had been committed.