
    The Commonwealth v. Jacob L. Brownwell.
    Jurisdiction — Removal—Consent.—The removal of an Indictment from a County to a Superior Court, by consent of the Attorney for the Commonwealth, and the Defendant, gives no jurisdiction to the Superior Court to try it.
    The Defendant was indicted for an Assault, in the County Court of Greenbrier. After several trials in which the jury could not agree, the Attorney prosecuting for the Commonwealth, and the Defendant, agreed, and the County Court thereupon ordered, that the cause should be removed, *and placed on the Docket of the Superior Court of said county, and there tried. A motion was made to the said Superior Court, to place the said Cause on that Docket, and the Judge of the Court adjourned to the General Court the question, whether he ought to permit it to be docketed in his Court.
    
      
      See monographic note on “Jurisdiction” appended to Phippen v. Durham, 8 Gratt. 457.
    
   The Court was of opinion, that the Raw pointed out the manner in which prosecutions may be commenced in the Superior Court, and for what causes, and in what manner, all suitsSmay be removed from a County or a Corporation Court to a Superio’r Court, but that the mere consent of parties is not one of the methods prescribed, and therefore decided, “that the Indictment in the record mentioned, ought not to be placed upon the Docket of the said Superior Court.” 
      
       1 Rev. Code of 1819, ch. 69, § 48, 49, p. 288.
     