¶1delivered the resolution of the court: That the omission of an averment in the indictment, that it was without the consent of the owner t hat the slave was removed or carried away, is a fatal defect, not cured by the verdict; and, therefore, that it be certified to the circuit superiour court, that the judgement ought to be arrested.
4 Va. 692
Commonwealth v. Peas
Decided July 15, 1834
General Court of Virginia · decided 1834-07-15
Case adjourned from the circuit superiour court of Henrico. Peas was tried in that court, upon an indictment on the statute 1 Rev. Code, ch. 111. § 30. p. 428.* The indictment charged, that the prisoner in the county of Henrico, “ feloniously and fraudulently, did take possession of a negro boy named John, a slave, the property of W. Richardson, and did, then and there, feloniously and fraudulently, remove the said slave beyond the limits of the said county of Henrico into…
Decided 1834-07-15