
    Mills v. Commonwealth.
    December, 1836.
    Criminal Law — Failure of Verdict to Find Term of Imprisonment — Effect.—On a trial for grand larceny, the jury find the prisoner guilty, but the verdict ascertains no term of imprisonment; the court tells the jurors they are discharged, but they are called back instantly, before any of them had left the courthouse, except one, who had gone a short distance accompanied by a deputy sheriff; and they then ascertain the term of imprisonment: Held, the verdict must be set aside, and a new trial awarded.
    Indictment in the circuit superiour court of law and chancery for' Pittsylvania count}’, against Nathaniel Mills, for grand larceny.
    On the trial upon the plea of not guilty, the jury brought in a verdict in these words: “We of the jury find the prisoner guilty of grand larceny” — -which being openly read by the clerk, the court said to the jury, “Gentlemen, you are discharged:” but it being at the same moment suggested to the court that the jury had not ascertained by their verdict any term of imprisonment in the public jail and penitentiary house, they were called back instantly, and before *they had left the courthouse, except one of them, who had gone perhaps the distance of forty or fifty yards from the courthouse, and was accidentally accompanied by a deputy sheriff. The jury being so called back, were again sent out to ascertain the term of imprisonment, which they accordingly ascertained to be two years, the juror who had left the courthouse being with them. The prisoner thereupon moved the court to set aside the verdict and discharge him from further prosecution; but the court overruled the motion, and pronounced judgment upon the verdict: and the prisoner filed a bill of exceptions, setting forth the facts above stated. On the petition of the prisoner, this court awarded a writ of error to the judgment.
    Leigh, for the plaintiff in error; the attorney general for the commonwealth.
    
      
      The principal case is cited infoot-note to Nemo v. Com., 2 Gratt. 558; Jones v. Com., 20 Gratt. 855; also, in Younger v. State, 2 W. Va. 582.
    
   Judgment reversed, verdict set aside, and cause remanded to the circuit superiour court, for a new trial to be had upon the indictment._  