6 Va. 675
Decided December 15, 1849
General Court of Virginia · decided 1849-12-15
At the June term 1849. of the Circuit Court of Harrison county, Leonard Clark was indicted, for that he, on the 1st day of November… Held: then and there did attempt feloniously to maim, disfigure, disable and kill Cyrus Ross of the same county,&c. At the November term of the Court the defendant appeared by his attorney, and moved the Court to quash the indictment. Whereupon the Court, with the consent of the defendant, adjourned to this Court the following questions: 1.
Decided 1849-12-15
¶1delivered the opinion of the Court.
¶2The Court is of opinion and doth decide :
¶31st. That the indictment ought to have alleged some act done by the defendant, of such a nature as to constitute an attempt to commit the offence mentioned in the indictment.
¶42d. That the Court ought to quash the indictment.
¶5Which is ordered to be certified to the Circuit court.