
    Commonwealth v. Pearce.
    1849. December Term.
    
    In an indictment against a patty who has been proceeded against to outlawry, a question cannot be adjourned to the General court, without his assent appearing on the record.
    
      Horace Pearce was indicted for grand larceny in the Circuit court of Mason county; and having been let out of custody on bail, &c., forfeited his recognizance. He was then proceeded against to outlawry ; and at the same time the attorney for the Commonwealth prayed that the same judgment, execution and disabilities should take place, and be awarded against him, as if he had been convicted by verdict or confession of the crime for which he had been outlawed, pursuant to the 33d section of chapter 20 of the Revised Criminal Code, passed at the session of 1847-8, p. 147. Whereupon the Court adjourned certain questions to this Court for its advice and decision.
   By the Court.

The record not shewing the defendant’s consent to the adjournment of the questions submitted, this Court declines to consider them.  