¶1delivered the resolution of the court. In an indictment for aiding and assisting in fighting a duel,'* it is indispensable to charge that a duel was fought. Perhaps, it was the intention of the attorney to do so in this instance, and the language'of the indictment may possibly be susceptible of such a construction. But it is also susceptible of a different construction; and, therefore, is wanting in that directness and precision of averment, which are necessary in all indictments. This defect being, in our opinion, fatal, we have not thought it necessary to turn our attention to other objections. This court advises, that the demurrer be sustained.
6 Va. 613
Commonwealth v. Dudley
Decided December 15, 1835
Supreme Court of Virginia · decided 1835-12-15
Case adjourned from the circuit superiour court of Amherst. At September term 1834, the grand jury found an indictment against Dudley in the following words— “ Amherst county, superiour court of law and chancery, to wit: The grand jurors empannelled and sworn at September term 1834, upon their oath present, that J. W. Dudley, late of the county of Amherst, labourer, with force and arms, in the county aforesaid, and within the jurisdiction of the said superiour court, on the…
Decided 1835-12-15