The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-06-28
THE CONSTITUTION UPHELD
Full Text of Recent Decision of the
Supreme Court ofAppeaIs.

SupI cue SCuTt OF Appeals 4,1tsat
Tho following is the opinion of Judge
Harrison. OF the Court OF Appeals, in
the case of Taylor VS.. Commonwealth,
delivered at Wytheville on June IS,
1908
liyered BY Judge George EN- Nj. Harrison. at
c NSthsyile' yGs }Hpo Is 81 1903: AUGUSTA
Al ,na,ctn,.nt co ,!Js ,9,na ar.,ns. =.
plaintiff in error charging him with
housebreaking with intent to commit lar.
ceny ~. Upon his arraignment he rendered re.
thereupon with the consent Of the attor.
ney for the Commonwealth entered of
record. the courtEwithout the consent of
and determine the case. without the In
tervention of at(jury. and upon, such
hearing ad1udged the prisoner guilty OF
felony as charged in the indictment,
and sentenced him to confinement In
the State reformatory. further provid..
ing that should the prisoner be refused
in that event beEcommitted TO the State
penitentiary. to be confined therein and
treated in the manner prescribed by law
Judgment application was made to the
Judge Of the Circuit Court Of Augusta
county, for a writ Of error. which was
refused. and thereupon, writ of error
was awarded to- this court.
The contention Is that the court had
no authority. and. therefore. no power to
adiudge the plaintiff in error guilty Of
the Intervention of a jury. 1t Is con-
ceded that the proceeding complained of
visions Of section 5, article. I; OF the new
Constitution of the State Of Virginia. or
dained and promulgated by Constitu-
during u the years isol-os; but it is insist.
ed that this Constitution is invalid and
without force or. effect in the State.
1863. which provides in section 10. article
1. that in all criminal prosecutions
man hath a right to a speedy trial
bv an impartial jury of his yicinage with.
out whose unanimous consent he cannot
valid CONSTITUTION existing through;out
the STATE ygna that the haVe
never been legally modified or repealed.
and that the plaintiff In error was en-
titled to have his case heard ha and DE, de-
visions.
The sole ground urged In support of Of
dained and promulgated by the conyen-
ton without being submitted for ratifica-
tion or rejection by the people OF the
The Constitution OF 1902 was ordained
and proclaimed by a convention duly call.
ed by direct vote Of the people OF the
of that convention has been recognized.
accepted and acted upon "a as the only ny
Governor in swearing fidelity to- it and
the Legislature in It's formal official act
recognizing Constitution ordained by con.
vention which assembled In the city OF
Richmond on the 18th day Of June. 1901.
hs Via p oaths of its members to sup;
port it; and by its having been engaged
for nearly a year in legislatins under u
ana bv tbe f akng poat
! prescribed thereby. to support It. and Dy
enforcing its provlsions; and by the peo-
pie. in their primary capacity. by peace.
extent Of thousands throughout the
stae 1t and eS ue for rep
| resentatiVes In the congress OF the
| United States.
The Constitution having been thus nus ;, &C,
acknowledged and accepted by the Officers
people q the State and ne bent as
in existence under the Constitution Of
1860 opposing or denying rs validity. W.. we
| have no difficulty IN holding that the
i 49, is the 9o only rightful valid and ex
listing Constitution Of this State. and that that
their obdence and loyal allegiance.
we do not wish to be understood as
oner that the convention of 10000 was
without power to promulgate the Con,
stitution 1t ordained: We have. expressed
reasons: D because the library at
hand is not sufficient to enable us prop
erly to Investigate and consider the CUES,
that the convention was without power
to promulgate the Constitution 1t would
not alter the result n this Ca, case, mas as
!, come the fundamental law of the state.
as already shown. by being acknowledged
and accepted by the government and
/ people of the State.
There is no error In the Judgment COM
| plained of and 1t is affirmed,