5 Gratt. 697
Decided December 15, 1848
General Court of Virginia · decided 1848-12-15
At the September term 1845 of the Circuit Court of Fluvanna county, the grand jury presented Jordan Scott, a free negro, for selling confectionary, oranges, lemons, &c. within six months last past, the same not being of his own growth, production or manufacture, without license for so doing within the county of Fluvanna.
Decided 1848-12-15
¶1As to the first question, it is answered, that no judgment ought to be rendered on the verdict.
¶2As to the second question, it is answered, that the verdict ought to be set aside, and a new trial awarded ; and if on such trial the defendant be found guilty, the jury ought to ascertain the amount of the fine.
¶3It becomes unnecessary to answer any other question or matter on the record.