thousand eight hundred and fifty, with force and arms, at the parish of Russell and in the county aforesaid." So that two counties had been previously mentioned before the county in which the larceny was committed is stated, and then the county where the larceny was committed is stated by the words " in the county aforesaid," without stating to which of the previously named counties the word "aforesaid" had reference. This manner of stating the county where the theft was committed is insufficient. 1 Chit. Cr. Law 160; Archbold's Pleadings and Evidence in Criminal Cases 49; 2 Gabbett's Cr. Law 205; 1 Wms. Saund. 308, n. 1. According to some of these authorities, the word "aforesaid " refers to the county last before named. If this be the correct construction, the word "aforesaid " referred to the county of Roanoke; and then the Circuit court of Campbell had no jurisdiction. And according to a part of these authorities, it is uncertain to which of the counties before named the word referred ; and the court cannot say in which county the offence was committed. But whichever of these may be the true construction, all the authorities agree that the indictment is bad. And for this error the judgment must be re versed. The judgment was as follows: It seems to the court here that there is error in the said judgment in this, that it is not sufficiently alleged in the indictment that the stealing of the mare was committed in the county of Campbell. Wherefore it is considered that the said judgment be reversed and annulled. And this court proceeding to give such judgment as the Circuit court ought to have rendered, it is further considered that the said Alonzo G. Bell go quit of the said indictment. And on the prayer of the attorney general that the said Alonzo G. Bell may be held in custody to answer a good and sufficient indictment 1851. December Term. Bell's 1831. December Term. Bell's Case. to be exhibited against him in the Circuit court of Campbell, for the felonious stealing, taking and carrying away the mare in the aforesaid first indictment mentioned, it is ordered accordingly, unless the said Alonzo G. Bell shall be discharged by the said Circuit court, or otherwise, by reason that there have been three regular terms of the said court since his examination without his being tried, or unless he shall be otherwise legally entitled to be discharged. 1851. December Term. CLORE'S Case. (Absent Field, J.*) December 12th. 1. After a prisoner has been tried by an examining court and remanded for further trial before the Circuit court, and an indictment has been found against him, it is too late to plead in abatement that, or move to quash the indictment because, there were irregularities in his examination before the committing magistrate. 2. If it may be fairly understood from the record of the examining court that the crime for which the prisoner is indicted is the offence for which he was examined, that is sufficient. 3. QUÆRE: If the setting aside a person called upon the venire, on the motion of the attorney for the Commonwealth, is a ground of exception by the prisoner. 4. Upon a trial for murder a venireman, when called, states that he has conscientious scruples about the propriety of capital punishment, and is opposed to it; and being asked by the Commonwealth's attorney whether, if the testimony in the cause proved the prisoner to be guilty of murder in the first degree, he would convict him of it, replies, "I do not know." He is properly challenged for cause by the attorney, and set aside by the court. 5. A venireman when called stated, "that he had not heard any *He had tried the cause in the Circuit court. of the evidence, nor had he heard any report of it from In the Circuit court of Madison county, at its May The The prisoner then moved the court to quash the indictment in consequence of the same irregularity of proceeding before the committing magistrate as set forth in the pleas in abatement, and because the prisoner had not been duly examined before a court of examination upon the charge of murder set forth in the indictment. And he furthermore moved the court, in the event of refusing to quash the indictment, to defer all further proceedings therein until the prisoner should be regularly committed for examination by a justice of the peace of Madison county, upon the charge of murder set forth in the indictment, and should be duly examined therefor by the proper court of examination and remanded. to this court for trial. Upon this motion the record of the examining court was inspected by the court. This record contains the warrant of the justice to arrest the 1851. December Term. Clore's Case. 1851. December Term. Clore's prisoner for the murder of Thomas Carpenter; and the mittimus of the same justice committing the prisoner to the jail of the county to be examined for the same murder. The record further states, that Edmund Clore, who stands charged with the murder of Thomas Carpenter, was brought to the bar of the court in custody, &c.; that witnesses were sworn and examined on the part of the Commonwealth; that the arguments of counsel were heard; and then proceeds: "On consideration whereof, it appears to the court that a felony has been committed, and that there is probable cause to charge the accused therewith; the said Edmund Clore is remanded for trial in the Circuit court of this county; and he is remanded to the jail of this county, there to remain till the sitting of said Circuit court." The court overruled the motions. To the several opinions of the court, 1st, in rejecting the said pleas; 2d, in refusing to quash the said indictment; 3d, in refusing to defer all further proceedings at present upon said indictment, the prisoner excepted. Upon the trial of the case James W. Twyman, one of the venire, being called and sworn, stated, "that he had not heard any of the evidence, nor any report of it; but from what he had heard spoken of the case in the neighbourhood, he had formed an opinion to a certain extent. The court asked him if there was partiality or prejudice on his mind for or against the prisoner. He replied that he could not say there was any, but if any, it was in favour of the prisoner." "Upon further interrogation by the attorney for the Commonwealth, the venireman stated that he had conscientious scruples about the propriety of capital punishment, and was opposed to it. He was then asked by the attorney for the Commonwealth whether, if the testimony in the cause proved the prisoner to be guilty of murder in the first degree, he would convict him of it. He replied that he did not know." He was there upon challenged by the attorney for the Commonwealth for cause, and the challenge was sustained by the court. To which the prisoner excepted. Another venireman, Henry Huffman, being called and sworn, stated, "that he had not heard any of the evidence, nor had he heard any report of it from those who had heard it; but from the rumour of the neighbourhood he had formed an opinion which was now existing upon his mind, and which he should stick to, unless the evidence should turn out to be different, from what rumour had reported it to be. That he had no prejudice nor partiality for or against the prisoner, and believed he could give him a fair and impartial trial according to the evidence that should be given in." The juror was objected to by the prisoner for cause, but the objection was overruled by the court; and the prisoner again excepted. The jury found the prisoner guilty of murder in the first degree; when he moved the court to set the verdict aside, and grant him a new trial; but the court overruled the motion, and having spread the facts upon the record, sentenced the prisoner to be hung. Whereupon he applied to this court for a writ of error; and in his petition stated as ground of error: 1st. The rejection by the Circuit court of both and each of his pleas in abatement. 2d. The refusal of the court to quash the indictment upon the grounds stated in his motion. 3d. The refusal to defer proceedings upon the indict ment. 4th. The court's setting aside as a juror James W. Twyman. 5th. The refusal of the court to set aside as a juror Henry Huffman. 6th. The refusal of the court to set aside the verdict and award a new trial. VOL. VIII.-39 1851. December Term. Clore's |