
    The Commonwealth v. John Blakeley.
    Criminal Law—Indictment—Maiming—Plea—Right to Preliminary Examination.—Upon an Indictment being found against the prisoner for maiming, a capias, returnable immediately, was issued, upon which the prisoner was brought into court (Sept., 1800), and pleaded not guilty. Seven days after, upon a continuance to that day, at the same term of the court, the prisoner was allowed to withdraw the plea, and thereupon pleaded a right to a preliminary enquiry by a court of examination. Held: the new plea must be overruled, and the court must proceed upon the indictments.
    Treason and Felony—Preliminary Examination—Statute.—The law of Jan. 24th, 1804, required a preliminary examination in all cases of treason and felony.
    
    
      
      See principal case cited in Chahoon v. Com., 20 Gratt. 768, 782, 783.
    
   At the District Court of Staunton in September, 1800, the defendant was indicted for unlawfully, and feloniously maiming one George King, by biting off both his thumbs.

The court awarded a capias against the defendant *returnable immediately, which having been executed, he was brought into court the next day, and he pleaded not guilty. The trial was postponed to the seventh day of the court; a venire facias was awarded, to cause a jury to appear, returnable the said day, and the defendant was bailed till that time. On the day to which the cause was continued, the defendant appeared, and was allowed to withdraw his former plea, and to plead a new plea. He thereupon pleaded, that by the laws and usages of the commonwealth, he was entitled to an enquiry before a court of examination, before he can be indicted and arraigned before the district court. The question arising on this plea was adjourned to the general court.

November 15th, 1800. The general court, consisting of Tucker, Tyler, Nelson, White and Carrington, decided, “that the new plea, pleaded by the defendant, ought to be overruled by the district court, and that the said court ought to proceed in the trial of the defendant upon the presentment andindictment in the record mentioned.”

***The act of assembly passed January 24th, 1804, Sect. 5th, (2d vol. of Rev. Code, p. 38,) provides, “that before any person charged with treason or felony, shall be tried before a district court, he or she shall 131 be examined *iu the manner prescribed by law, by the court of the county or corporation wherein the offence was committed.”  