The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-11-22
THE ENQUIRER.
RICHMOND. NoVE1ABER %, 1871
CASE OF MYERS

case
was adjourned on account of its novelty and
difficulty, from the Circuit Court of Norfolk
County to the General Court (where all the
Circuit Judges sit together.) The Gen. Court
took ltup, on Tuesday the 18th inst. 7 Judyes
being present; viz. White, Carrington, Stuart.
Holmes, Brockenbrough, Smith & Allen
Messrs. Iazewell and Taylor of Norfolk and
Writ OF this City, appeared for the accused :
Inc Attorney General, Nicholas, for the
Commonwealth.
Great ingenuity and research were dis
p aged, on both sides. The Attorne, Gene
raj occupied the Court on Tuesdav-
Taylor on Wednesday-Tazeweu on Thurs.
day-Wirt on Friday and the ATTORNEY Ge-
neral closed the case on Saturday. The cu-
riosity of the public was strongly excited bv
the question. It was not only the fate Of
Myers which was at issue, but some
of the most material points, of the criminal
law.-On Tuesday, Mr.. White, the presid;nr
Judge of the Court delivered at great length
the united deliberations Of all the judges
we shall lay hereafter copy of this opinion
before our readers at present it is onlv ne
sessary to state, that its results OF the NEST
material points are embraced by the follow
ing order of the Court which was entered ND
on Wednesday last
Commonwealth
Myers sr; Case adjourned sc.
| The Superior Court of Norfolk county ha-
wing with the assent of the Prisoner, Samu-
el Myers, adjourned to the General Court
the following questions of Law, viz.
/ Ftrsf Whether q Court of Examination
hath power to acquit prisoner charged be-
fore them with murder Of the Murder with
which he stands so charged, and to remand
the said Prisoner to be tried in the SUPERB
Court Tor Manslaughtcr ON account OF the
same Homicide;
| Secondly; Whether prisoner ACQUITTED
by the Examining Court Of Murder and re-
handed to be tried before the Superior
Court tor Manslaughter on account of the
same Homicide, but indicted in the said SUI
peror Court for Murder on account of the
same Homicide, is entitled to be bailed by
such Superior Court after the discharge Of
the Grand Jury who found no other Indict-
ment against him;
And any q all the other questions of Law
arising upon the pleading
The Court having natureIy considered
the said questions of Law after the Argu-
meht OF the Attorney General and Counsel
Tor the Prisoner arc HnaniY oUSiy of oDini-
on and do decide
1st. That court Of Examination have not
power to acqnit a person charged before
them with Murder, Of the Murder with which
hesstands so charged, ard to remand him 70
Ot lI1tI TOT MH5Siaugltcr IN the SuDcrIO'
Court on account Of the same Homicide.
Secondly, it is further che u,1a,1iy,ous OBI
mon OF the court, that the Examining Court
! being legally incompetent to controlh the FRO
cccdng of the Superior Court upon the ca Sc
! OF the Prisoner rcmandcd by the EXAMINING
| Court 10 the Superior court for a felorious
Homicide, it was lawful 10 indict the Prison.
! er for Murder, notwithstanding tho djsc1;rni-
nation by the Examining CT. as to the eera5e
Of Homicide, and being so Indicted, the said
Prisoner was not entitled TO be baiied ON the
ground & No Indictment being found against
him Cor the offence Of Manslaughtcr.
| The Prisoner having pleaded three pleas
in bar by the leave ofthe coart in substance
as follows:
/ First, That the Prisoner was CHARGED witt,
the Murder of Richard Bowdcn, examined
Eog Tie same before court legally cons.itu-
ted and found nat guHtg Of the Murder and
tllat he ought net to be remanded to the SUI.
perjor Court for trial therefor;
2nd, That the Prisoner was charged with
lie Murder OF Richard Bowden, eyamince
FOR the Same before CcuYt legally ccnstitu.
tel, and e7und not gidifV Of the said murde.
md That he ought not to be rcmaDtled to the
! Superior Court therefor, bat ought to be trio,
/ for the offence Of Mansauehter in the Supe
4 rioF Court Of Law TO be held at Portsmouth
! &c.
! 81. Thathc was dn.y charged, era5ifredS
t'tsq fer the murder CT Richard Eowdcn &C.