¶1The assignment of error, that several of the jurors were not freeholders, is matter of fact, not appearing by the record; which, therefore, could not be pleaded in arrest of judgement. As to the other objection, there was no necessity to state in the record, that the jurors were good and lawful men. The record, in this case, is in the usual and correct form. It is, therefore, the unanimous opinion of this court, that the errors assigned are not sufficient to arrest the judgement.
4 Va. 679
Commonwealth v. Stephen
Decided December 15, 1833
General Court of Virginia · decided 1833-12-15
Case adjourned from the circuit superiour court of Accomack. Stephen, a free negro, was indicted for murder, in that court, at November terra 1833. He pleaded not guilty. “ Whereupon,” the record proceeded, “ came a jury, to wit, [here naming them] who being elected, tried and sworn the truth of and upon the premises to speak,” found the prisoner guilty of murder in the first degree.
Decided 1833-12-15