Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-09-18
CONSTITUTION OF 177f.

The convention Of 176 ordained that the
common law OF England and Acts or
Parliament in aid thereof prior TO the
fourth year of James |. of general ma
ture. not local TO that kingdom ana the
Acts of the General Assembly OF the
Colony now in force not In conflict Wth
the ordinances. &c, Of the convention
shall be the rule Of decision and consld-
cred as in full force until altered py the the
legislative power Of the Colony IN IisS
so much of this ordinance as adopted the
Acts of Parliament made, &c. PRIOR 10
the fourth year Of James ]. was repealed
by the legislature; the rest or the Ordi-
nance has never been repealed, and re-
mains substantially the law or the state
to this day. Virginia code: ssclion :. IA
Though by the terms of the ordinance
Of l776 the Common Law was adopted
without a qualification like that as 10 the
British statutes, IT mas always been CON
sidered that the same principles govern us
adoption. Such Of It's doctrines anu pi m
ciples as are repugnant TO the nature oL
our political system. or which the circuih-
stances of our country render lnapplca-
HE are either not in force here or must
be so modified as to adapt them 10 our
condition. ! fuckers Com. - Coleman
VS.. Moody, H. q NJ ~ anu OtH0i 10
ginia cases
The LEGISLATURE, which IS the repre-
sentative Of the sovereign power OF inc
people has never changed the RUE Vi INC
Common Law as to the matter under con-
Sheraton. and the presumption Is that
tbe climate of our State and the habits
and condition OF our people require ~
change or modification OF the RUE. IL j.
significant, and tends to cohhIm thS pre-
sumption from the inaction or the Legs
lature. that for more imam u iIII ae ~ ~
wears no case involving this question can
he found in any court OF last resort. Inc
covrt knows OF no climatic influence on
our people or difference IN thelr hdplls
or condition that calls Tor a mOuillcdtioIi
of our uuwritten law on THIS point. even
a. n had the power TO make H. Ihe IN
convenience. If not absolute lhaDilly' o.
obtaining evidence of this nature. ana the
boys capacity 10 commit TINS cI!ihe ~ -
cent nv compulsiOn. and the questionable
right OF the Commonwealth 10 resol "
connulsion do not invite modincauoii
az the rule. while the unreliable ana IN
satisfactory evidence or the capdclty ~
commit the crime when SO oDIaiheu anu
adduced. and the statemeht anu u'seu s
sion Of Indecent things before the jury
y.c,,ld cause us 10 hesitate 10 depart from
a Ionr-established rule which mas had the
SanctIon Of the wisest judges and UNDER
gone the test OF years
CIRCUMSTANCES DETER MODIFICA-
TION.
The circumstances under which the evi-
dence I'm this case was obtained toseln-r
with it's nature and doubtful character
are well calculated 10 deter any mum mum.
oatior ~ the common law, unless made
n necessary by the social condition of our
peonle. and required for the protection
OF virtue. 49,, and
Held: The accused being under der H. u; ana tba
criroe it follows that he was also IN
capable in law of an attempt to commit
It,.
Ejectment.
Reasons VS.. Lawson. Affirmed. opinion
by RELY, j. ,..s =. .ho
jury with correct instructions upon I'm, the
| dlfferent phases Of the evidence, whica
- - -, mart obscure. uncertain, ana