Lindsay v. Commonwealth

• Decision Date: 01 January 1823
• Citation: 4 Va. 345
• Parties: Francis Lindsay v. The Commonwealth
• Court: Virginia Supreme Court

4 Va. 345

Francis Lindsay v. The Commonwealth

Supreme Court of Virginia

January 1, 1823

This was a petition for a Writ of Error to a judgment of the Superior Court of Law for Pittsylvania county, whereby the petitioner was sentenced to the Penitentiary for seven years for stealing a gelding, of a sorrel colour, the property of Charles Kesee. To the Indictment filed against him, he pleaded auterfoits acquit, and also not guilty. In his first plea, he set forth that he was on the 14th February, 1823 charged on oath before a Justice of the Peace with having stolen a certain sorrel horse, the property of Charles Kesee that he was arrested by the warrant of the Justice, who committed him to jail, and issued his warrant to summon the Justice to meet on the 21st February, for the examination of the fact with which he stood charged: that the Court was held, the said Francis set to the bar, in custody of the jailor, charged with the felony aforesaid, and thereupon the said Court was of opinion, that the said Francis Lindsay ought not to be remanded to the Superior Court, & c. and discharged him from further prosecution out of custody, which he is ready to verify and prove by the record thereof. The plea then avers the identity of the person and felony, as set forth in the Indictment, and record of the Examining Court and concludes, " wherefore, since the said Francis Lindsay hath been heretofore discharged of the felony aforesaid, he prays the judgment of the Court here, if he the said Francis Lindsay should be again charged with the same felony, of which he hath once already at another time been discharged." The Attorney for the Commonwealth replied admitting the identity of the person, that there is no such record as in the said plea is alleged. The Court, upon inspection of the record of the proceedings of the Examining Court, decided that there was no such record, to which the prisoner excepted. The record of the Examining Court contained the following documents: 1. The warrant of commitment, which recites that the prisoner was charged with having stolen a certain sorrel horse, the property of Charles Kesee. 2. The warrant summoning the Justices, which recites that Francis Lindsay was this day committed to jail, and it appearing to the Justice that the felonious offence with which he stands charged, ought to be examined into, & c. 3. The proceedings of the Court, as follows: " At a Court held, & c. for the...