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3 Va. 623

Commonwealth v. Hatton

General Court of Virginia

Decided December 15, 1846

General Court of Virginia · decided 1846-12-15

<p>A prisoner having been tried for a felonious offence, and judgrnent having been arrested because the verdict against him was too uncertain and defective to authorize a judgment thereon, it was held that, in this case, the prisoner might be again tried on the same indictment.</p>

Decided 1846-12-15

By the Court.

¶1This Court, responding to the question adjourned to this Court, and confining itself only to the question, without deciding any other question that might arise on the record, were this Court sitting as a Court of Error upon the proceedings in the Circuit Court, doth certify as the opinion of this Court, that, in fulfilment and execution of the order which was made in the Circuit Court, awarding that a new trial should be had in this case, the prisoner can be again tried upon the said indictment.

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