An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1870/1871 |
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Law Number | 262 |
Subjects |
Law Body
Chap. 262.—An ACT to Amend and Re-enact Sections 1, 4, 5, 9,14, 25, and
26, of Chapter 208 of the Code of Virginia, as to Juries in Criminal Cases
and Change of Venue.
Approved March 29, 1871.
1, Be it enacted by the general assembly, That sections one,
four, five, nine, fourteen, twenty-five, and:twenty six, of chap-
ter two hundred and eight of the Code of Virginia (eighteen
hundred and sixty), as amended by the act to revise and amend
the criminal procedure, passed April twenty-seventh, eighteen
hundred and sixty-seven, be amended and re-enacted so as to
read as follows:
“§ 1. Trials for felony shall be in a county or corporation
court, and may be at any term thereof, except that a person to
be tried for arson, or any felony for which he may be punished
with death, may, upon his arraignment in the county or corpo-
ration, demand to be tried in the circuit court having jurisdic-
tion over the county or corporation for which said county or
corporation court is held. Upon such demand, the accused
shall be remanded for trial in the said circuit court, and all the
material witnesses desired for the prosecution or the defence
shall be recognized for their attendance at such trial. When
& person is remanded as aforesaid, by a county or corporation
court, the clerk thereof shall certify and transmit to the clerk
of the court in which he is to be tried, a record of the pro-
ceedings had in the said county or corporation court in rela-
tion to the prosecution, and copies of the indictment or other
accusation, and of all recognizances and other papers connected
with the case. Such copies shall be used with the same effect
as the originals. If the accused be remanded for trial in a
court, whose jail is not the jail of the court remanding him,
the latter court, by its order, shall direct the officer of such
court to remove the prisoner to the jail of the court in which
he is to be tried, and the jailor thereof shall receive and keep
him safely until discharged by law. The clerk of the county
or corporation court shall, as soon as may be, issue a venire fa-
cias, directed to the oflicer of the court in which the trial is to
be, requiring him to summon jurors for such trial.”
“§ 4, In case of felony, in which a writ of venire facias is
necessary, the writ shall command the officer, charged with its
execution, to summon twenty-four persons of his county or
corporation, to be taken from a list to be furnished the officer
by the judge of the county or corporation court, and residing
remote from the place where the offence is charged to have
been committed, and qualified in other respects to serve as ju-
rers, to attend the court wherein the accused is to be tried, on
the first day of the next term of said court, or at such other
time as the court may direct. If a person summoned under
such writ fail to attend as required, without sufficient excuse,
he shall be fined by the court not less than five dollars nor
more than twenty dollars.
“§ 5, The clerk of a county or corporation court, in which
a person accused of felony is held or recognized for trial, shall,
as soon as practicable after such person is committed or recog-
nized, issue a venire facias for his trial, and for the trial of any
other case of felony at the same term of the court, returnable
to the first day of the next term, or to such other day as the
attorney for the commonwealth may direct; and the persons
thus summoned may be required by the court to serve as ju-
rors upon the trial of any case of felony at that term of the
court; but the court in term, or the judge thereof in vacation,
may direct the clerk at any time to issue such other writs of
venire facias as he may deem necessary for the trial of any
case of felony pending in his court; and if a person charged
with felony be not tried at any term of the court at which he
is to be tried, the clerk of such court shall, at least five days
before any subsequent term that the case remains pending,
issue a venire facias for the trial of that and any other case of
felony, returnable as above required.”
“§9. When any jurors, summoned under a writ of venire
facias, fail to attend, or are challenged for cause, or if the whole
array be challenged, the court shall cause other jurors of like
qualifications to be summoned in the county or corporation, in
the manner hereinbefore prescribed, until a panel of sixteen
jurors, free from exception, be completed. The accused shall
have a peremptory challenge as to four of the panel, and the
remaining twelve shall constitute the jury for the trial of the
case; but should the accused fail to strike from the panel any,
or less than four of the names thereon, then the jury for the
trial shall be composed of*twelve of those not so stricken off,
to be selected by lot.”
_ “§14, Persons indicted for felony, who elect to be tried
jointly, shall be allowed to strike from the panel not more than
four thereof; but should the accused not agree as to the jurors
to be stricken from the panel, the four jurors to be stricken off
shall be ascertained by lot.”
“§ 25. When the judge of a circuit, county, or corporation
court, in which a prosecution is pending, is connected with the
accused or party injured, or is so situated in respect to the
case as, in his opinion, to render it unfit that he should preside
at the trial, he may enter the fact on record.
“§ 26. Thereupon, the judge may change the venue, as here-
inbefore provided, and cause the record and proceedings to be
certified to such court, which shall proceed to the trial of the
case, or the court may procure the attendance of another judge
to preside at the trial.”
2. This act shall be in force from and after the first day of
July, eighteen hundred and seventy-one.