Watts v. Commonwealth
Watts v. Commonwealth
Opinion of the Court
delivered the opinion of the court.
The accused was convicted of a second offense under the prohibition law (Laws 1916, c. 146) and his punishment fixed at $5.00 fine and six months in jail. The writ of er
The statute (Acts 1920, p. 416) requires this court to allow writs of error in all criminal cases, without reference to their merits. The Virginia courts have for many years been rightfully commended because, while all the natural and constitutional rights of persons accused of crime have been respected, the administration and execution of the criminal laws have been prompt and efficient without any sacrifice of due and orderly procedure. This statute is manifestly retrogressive and harmful in its effects. It is injurious, not only to the public, but also to those litigants rightfully entitled to invoke the jurisdiction of this court for the correction of errors in the trial courts. The injustice to the public grows out of the consequential delay- in the administration of justice, as well as the inevitable and unnecessary increase of those criminal expenses which are a (jharge on the public treasury. The wrong to the other litigants is that the time and attention of the judges of this court which could be better spent and is needed for the consideration and determination of their legal rights, must be consumed in hearing futile argument and, in writing opinions (as required by the Constitution) in such cases as this, in which it is clear from the record presented that no right has been denied and that justice has already been done in the trial court. For those thus rightfully convicted it accomplishes nothing except delay, while it impedes, hinders, and delays all other litigation.
Affirmed„
Reference
- Full Case Name
- Joe W. Watts, alias J. D. Watson v. Commonwealth
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Intoxicating Liquors.&emdash;Prohibition Act&emdash;Sufficiency of Indictment.&emdash;An indictment under the prohibition act which follows the statutory form is sufficient. 2. Intoxicating Liquors. &emdash; Indictment and Information &emdash; Second Offense.&emdash;A demurrer to an indictment for violation of the prohibition act was properly overruled where the only difference between the indictment and that prescribed by the statute was that, inasmuch as the prosecution was for a second offense, the indictment alleged that fact clearly and distinctly as re- . quired by the statute. 3. Intoxicating Liquors. &emdash; Prohibition Act &emdash; Indictment &emdash; Bill of Particulars.&emdash;Where upon a motion of one accused of violation of the prohibition act the Commonwealth was required to ñle a bill of particulars, a bill which informed the accused with clearness and certainty of the cause and nature of his accusation, naming the persons to whom, and designating the house, street, and city in which he was alleged to have illegally sold ardent spirits, is sufficient. 4 Joey and Juey Trial.&emdash;Drawing Jury&emdash;Reveal of Acts 1918, Chapter 340.&emdash;Acts 1918, chapter 340, requiring jurors to be drawn from a lift furnished by the judge is expressly repealed by Acts 1920, page 4, providing for drawing of juries from lists furnished by the jury commissioners. 5, Intoxicating Liquors.--Second Offense&emdash;Certified Copy of Order of Previous Conviction&emdash;Presumption of Regularity in Absence of Certificate of the Evidence.&emdash;In a prosecution under the prohibition act for a second offense1, the admission of a certified copy of an order of court, showing the previous conviction of accused and allowing a witness to testify to what could have been proved by the record of the court, was assigned as error. Held: That inasmuch as there was no certificate of the evidence, the Supreme Court of Appeals must disregard this suggestion. There is no principle of law by which the court would have been justified in refusing to admit the certified copy of the order; nor is it apparent how the accused was prejudiced by its introduction. In the absence of a certificate of the evidence, the regularity of the proceeding must be presumed. 6, Appeal and Error. — ■Instructions—Instructions Must be Based on the Evidence — Failure to Certify the Evidence. — Where the evidence is not certified to the appellate court, there is a presumption that there was sufficient evidence in the case to support an instruction, where there was nothing on the face of the instruction to indicate its illegality. 7. Jury and Jury Trial. — Polling the Jury. — When the foreman, in the presence of each member of the jury, returns a verdict in open court, the rule is that if the accused doubts whether each member of the jury has agreed to such verdict, he may have each one polled before it is accepted. If he does not, the clerk, after reading the verdict, addresses the jury and says, “And so say you all.” If none of the jury expresses any dissent from such verdict, it is recorded. It is certainly too late, after the verdict has been thus accepted and the jury discharged, to complain that they were not polled.