Anderson v. Commonwealth

Decided July 15, 1834

General Court of Virginia · decided 1834-07-15

Petition for a writ of error to a judgement of the corporation court of Petersburg. Anderson, a free negro, was tried for larceny in that court, sitting as a court of oyer and terminer, convicted, and sentenced to imprisonment in the penitentiary for five years. He was prosecuted and tried in the same manner as slaves are prosecuted and tried for the like offences, according to the provisions of the statute of 1831-2, ch. 22. § 11.

Decided 1834-07-15

May, J.

¶1The court cannot look into the alleged errors. There are two preliminary inquiries : Whether a writ of error lies to the proceedings of the county or corporation courts sitting as courts of oyer and terminer ? And if so, whether it may be allowed by this court, or must be by the circuit superiour court of Petersburg ?

¶2 *694The court, without deciding any other question, is of opinion, that a writ of error does not lie from this court to the county or corporation courts. 1 Rev. Code, ch. 67. <§> 26. ___ p. 224.

¶3Writ of error denied.