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36 Va. 638

Commonwealth v. Young

General Court of Virginia

Decided December 15, 1838

General Court of Virginia · decided 1838-12-15

Upon an indictment against Young in the circuit superiour court of law and chancery for Dimpiddie county, that court adjourned to the general court, for novelty and difficulty, two questions arising in the cause ; but the record did not state that the questions were ad- • journed with the consent of the defendant.

Decided 1838-12-15

Smith, J.

¶1delivered the resolution of the general court.—The court is unanimously of opinion that it has no jurisdiction to decide the questions adjourned to it, because it does not appear by the record that the adjournment was with the consent of the defendant. See Garth's case, 3 Leigh 761.

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