¶1The writ of error is refused. The Court has not deemed it necessary to consider the question which was discussed, as to the propriety of the General Court, at the last term, directing the prisoner to be tried on the second count of the indictment, instead of discharging him; because, whether right or not, the decision was final, and is beyond our control.
5 Gratt. 693
Marshall's Case
Decided December 15, 1848
General Court of Virginia · decided 1848-12-15
This is the same case which was before this Court at the June term, when a new trial was directed on the second count of the indictment. See supra, p. 663.
Decided 1848-12-15